bill: you 2 or something going. martha: 125 beats per minute bill that is the pace we'll be at tomorrow. martha: buy, everybody, "happening now" starts right now. jenna: right now brand-new stories and breaking news. jon: dramatic new details in the murders of a texas district attorney and his wife to share with you. what item found at the scene and the conditions of the bodies could tell police about the killers. the nea theories that investigators may be pwer suing. plus a break in a string of arson fires terrorizing the coast of virginia. who police think may be responsible and how they caught the suspect coming up. and take a look at this. a shocking robbery caught on camera as thieves desperate for cash blow up and atm just steps from two very flammable gas tanks, and pumps. it's all "happening now."

and then there is this bit of news to tell you about, another escalation from north korean dictator kim jong un announcing plans to restart a shuttered nuclear reactor that is capable of making weapons' grade blue phone yum as the north continues to threaten all out war against the u.s. and our allies. good morning to you. i'm jon scott. jenna: i'm jenna leave. the navy is now positioning one of our most powerful destroyers, the u.s.s. john mccai john ma john mccain off the peninsula. >> an increase in their nuclear capabilities, pyongyang saying today that they were going to reactivate two different nuclear system with the aim in their words bolstering the nuclear armed forces in that region in their quantity and quality. the reactor was actually shut

down when we were there back in 2008. the cooling tower was destroyed. automatic part of the negotiations with the west. i am told today that that can be rebuilt and restored to service in as short a time as six months. it could turn out enough plutonium for a bomb in just a year. just as dangerous i'm told the parallel uranium enrichment program, north korea also saying that will be reeving up. the u.s. does continue to treat this all seriously. the u.s.s. john mccain, a ballistic missile destroyer coming into the vicinity of the korean peninsula also there are reports that a u.s. military floating radar platform is being moved to the region. that can also detect attacks from north korea. along with all this rough rhetoric we are hearing some moderation coming from both side. the pentagon says that much of the u.s. activity that we are seeing are part of preplanned exercises with south korean forces. the white house is saying that they are not seeing an increased

military activity in the north, and we are seeing the same from some defect tere website that we're seeing and the north korean leader, well today kim jong un is quoted as saying, all he wants is peace, prosperity, and happiness for his people. jenna, u.n. secretary general ban ki-moon a south korean is quoted as saying, nuclear threats are not a game. jenna: well put, thank you. jon: new information in the murder of a texas district attorney and his wife. police documents show mike and cynthia mclelland were shot multiple times over the weekend in his home two mosquito after one of his assistant prosecutors was killed steps outside his courthouse office. as prosecutors pour over the prosecutor's cases in an effort to find the killer or killers dan springer is live in kaufman, texas. what is the latest there, dan?

>> reporter: that search warrant obtained by police confirms that mike and cynthia mcllelland were shot at close range multiple times by a high power rifle, the shell casings found next to their bodies. they are reporting that cynthia's body was found near the front door as if she had opened the door for the killer and the d.a.'s body was found near the back of the house almost as if he was running to get a gun. police want to search all cellphones and nearby cell towers. we understand they have questioned a convicted felon but he is not considered a person of interest at this time. they are backing away from the theory pointing to the aryan brotherhood. that would leave mexican drug cartels or someone who has a grudge. >> i'm optimistic, there are literally hundreds of people that are working on this case, and i feel like that, you know, i don't know what timeframe we are on, but i'm confident that they will find whoever committed this crime. >> reporter: and we are told that the sheriff of kaufman

county will hold a news conference later today. hopefully we'll get more information on the investigation. jon: there is a new district attorney in kaufman. what is being done to protect her? >> reporter: as you can imagine brandi pe fernandez has a lot of protection right now. she has 24-hour protection. she was named the interim d.a. in kaufman county. she'll be in that position for 21 days until the governor appoints a permanent replacement. employees are receiving an armed escort into the building. many are carrying weapons themselves. ment d.a. in dallas county is urging public officials to get a permit to carry a con saoeltd weapon. the prosecutor in houston has 24-hour protection for himself and his entire family. here at kaufman county the d.a.'s office is open, a trial canceled yesterday is bake on. the courthouse will be closed at 11:00 on thursday so there can be a public memorial for the mccllleands.

jon: he was an army veteran, carried a gun but probably not in his own home where that murder happened. dan springer reporting hraoeufrpblgts 23 year. >> reporter: 23 years he was an army veteran. he carried the gun everywhere he went outside the house. it could have been early morning when it happened unless he was carrying inside the house at that time. jon: the surprise effect. dan, thank you very much. so what is the next move for investigators? we will talk with a retired f.b.i. special agent about this case coming up later in the hour. jenna: well this just in breaking developments in the national gun debate this hour as the nra unveils a list of safety proposals aimed at preve violen. all this is happening as lawmakers in the state of connecticut agree to propose what could become the toughest gun laws in the country. that in response of course to the shooting massacre at sandy hook elementary school back in december. we have team coverage. we are live. we'll send it over to chief

congressional correspondent mike emanuel live in washington. >> reporter: good morning. officials with the nra are unveiling their school safety plea postals this hour. that is expected to include placing armed guards in america's classrooms. with a national debate underway in preventing gun violence the nra is proposing training armed guards to protect school campuses. the senate is expected to take up a gun control bill that would expand background checks. also today the top democrat on the house oversight committee talked about his legislation to fight gun trafficking and address violence. >> this common-sense legislation will for the first time explicitly prohibit firearm trafficking and it will make straw purring a serious crime by increasing the maximum penalty to 20 years in prison. >> reporter: tomorrow president obama will visit a police academy in the denver area and will try to drum up support for improving the background check

system. white house aides say the hope is keeping guns out of the hands of criminals and others who shouldn't have them. >> what need to be done is action that improves that system, that closes loopholes to an existing system. we are not talking about creating something that doesn't exist yet, we are talking about refining and improving it to insure that those who should not have weapons cannot obtain them. >> reporter: leading republicans say the problem is the u.s. does not properly enforce laws already on the books. >> here is what i want america to know if you fail a background check in this country what happens to you, absolutely nothing? one 10th of one percent of the people who nailed a background check get prosecuted. >> reporter: despite the push lawmakers are struggling to find the votes on capitol hill for universal background checks. jenna: the national debate continues. we'll focus a little bit on the state. mike, thank you. >> reporter: thank you. jon: in the state of connecticut lawmakers are hoping to send a

message to congress and some of the other states that democrats and republicans can come together on gun control. members of both parties spent the last week negotiating behind closed doors and came up with sweeping proposals they hope will prevent another massacre like the one that happened in their state in newtown. rick leventhal is in new york city with details. >> reporter: it may be the most comprehensive and toughest bill in the country. newtown family members say it doesn't go far enough because it doesn't ban existing high capacity magazines just new once. there has been support to tighten laws since adam lanza carried an assault rifle and numerous magazines into a school killing 26 people including 20 first graders. the bill has far-reaching provisions. one hundred new assault weapons will be added to the list already banned. universal background checks will be required for the sale of all firearms. it creates an ammunition eligibility certificate requiring fingerprints and firearms training and the first

statewide dangerous weapon offender registry. there will be new restrictions for mentally disabled. stricter storage rules. a ban on high capacity magazines, and the registering of existing high capacity magazines. >> you have got to draw the line and say from this point forward all sales will be prohibited. >> reporter: some gun advocates say none of these new laws will change what happened at sandy hook, arguing the problem was with the individual and his mother but victims' family members seem e encouraged. >> i applaud their approach beyond the bipartisan task force. i know they want to come up with the strongest laws in the state to lead the nation and i support them doing that. >> reporter: it is supposed to go before the houses of the connecticut assembly tomorrow and then to the governor. passage seems very likely, jon.

jenna: breaking news out of the state of texas where we have been closely following of course the murder of a d.a., an and assistant d.a. in a county not too far away from dallas. just north of dallas now we have this breaking news. a prison break there. at this prison that you're taking a look at live on your screen. kdfw is our affiliate out there. here is what we know right now. apparently the texas rangers are assisting this search as well as other law enforcement on the ground there. i believe there are two people that are in question, hopefully the control room will help me out a little bit on that, because that is initially the first report that there are two prisoners underway. here is some of the freshist mugshots that we have. they are believed to have been out of their prison uniforms. this literally just happened. they left their uniforms and they are on the run. again, just northeast of dallas. according to local reports in

the sulfur springs area which is surrounding this county here in texas all the schools are in lockdown. one of the suspects, i'm not sure we know exactly the identities of either photo but we do have the names. brian allen tucker is one of the people in question, 5'7", 171 pounds, brown hair, brown eyes and tattoos on his neck. he's been in jail since may of 2011 for capital murder. the other man they are looking for is john king, apparently he was in prison for controlled substance theft and violation of parole. we are just getting the breaking information on this. there's been a lot of activity. we have no way of knowing if this is connected to any of the other news out of texas but it is in a county close by to kaufman county where we have been paying close attention to the news out of that county for the murder of the d.a. and the assistant d.a., the murder of the d.a. of course happening over the weekend along with the murder of his wife. so now we have this jailbreak, a manhunt underway, the texas ra*eurpbgs involved as well. two prisoners on the loose

apparently out of their uniforms. live pictures and new video coming in as we speak. as we get more information, jon we'll bring that to our viewers. it's scary news, really. jon: word is they may have jumped into a car with somebody. they are out of their prison uniforms. if you see anything that looks suspicious dial 911 in that part of texas. as connecticut proposes those tough new gun laws that rick leventhal told bus a slew of bills in washington apparently have a much tougher hill to crime, even things like universal background checks that polls say are popular appear to be in serious jeopardy. we'll talk about why next. plus, it's been near here four years now since the world lost the king of pop. ahead, new information as michael jackson's wrongful death trial gets underway. new honey bunches of oats greek yogurt and whole grain.

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jenna: new information on some entertainment news we're watching today including this one, the filming of the popular mtv reality show ""buckwild"" has been suspended following the death of shane gandy. he was found dead in his ford bronco along with two others. police don't suspect foul play but they are investigating to find out exactly what went wrong. the michael jackson wrongful death trial begins today in los angeles. the king of pop's family is suing his concert promoter for negligent here hiring a doctor found guilty of causing the star's death. jackson died two weeks before ace 2009 come back tour, two weeks before it was scheduled to begin in london. from super model to superhero, heidi klum helped to save the lives of her son and new nannies. they were swept out to sea by a big wave and she jumped in and was able to save them. way to go heidi.

jon: we are monitoring a news conference held by the national rifle association. its leaders are unveiling a plan to protect schools from gun violence. this comes amid growing concerns about -- among gun control supporters that ideas like background checks and a crackdown and gun trafficking, measures that once seemed all but certain to pass after the sandy hook tragedy may now be in serious trouble. the "washington post" making clear the obstacles on capitol hill saying, quote, despite months of negotiations key sepblzs have been unable to find a workable plan for near universal background checks on gun purchases, an idea that polls show nine in ten americans support. let's talk about it with jonah goldberg the editor at large for the national review. gun control had a lot of support in the days immediately after the newtown shooting. the president got on board, obviously tasked the vice president with getting it done. what's happened, jonah?

>> i think one of the things that we've learned -- well as sort of sad as it is to say that newtown did not change everything, in fact it probably didn't change very much. the nine in ten support for background checks that you cited, it's an important poll number but it misses the fact that on the question of intensity people who are single-issue volters on the gun issue are overwhelmingly on the nra's side of this argument. they are not on the side of the gun control argument. and the senators in red states that are up for election in 2014 know that. and harry reid knows that. it's interesting despite all of the drama, and the excitement of president obama's state of the union address where he said, you know, where he sort of demagogued and said these people need a vote, they deserve a vote and everybody stood up and applauded that was in effect him heckling harry reid. harry reid is the guy who can

bring this stuff up for a vote and he doesn't want to because this is a bad vote for democrat snooze we've talked a couple of times on this program with the author dan balm, he's a reporter, a liberal democrat now living in colorado, he's the author of this become, "gun guys." he told us the other day that he thinks that colorado may have hurt the democrat's political chances bypassing some fairly strict gun laws. is there any connection to the fact that president obama is head thr-g to make a personal appearance, maybe a political appearance? >> well, i don't know what ba baum's argument in particular is. one of the things we are seeing is i think a lot of democrats are happy to let the state -- it's a democratic approach to federal limbs, let the states where gun control is a winning issue pass laws on gun control at the local level and let states where gun rights are a winning issue expand rights to guns a. few years ago the nra

basically, a while ago the nra endorsed harry reid, in the last election cycle they stayed neutral when he ran against sharo sharron angle. they'd rather have -- in terms of the nra's own portfolio it was a wise decision, harry reid is not doing a bang up job of bringing gun control issues to the floor of the senate. he wouldn't even let dianne feinstein's assault weapon thing come up for a vote, which was sort of at the heart of this whole push. jon: well, as some observers have noted, if gun laws prevented violence then cities like chicago and washington d.c. would be among the safest in the country because they've got some of the toughest gun laws there: that is a topic for another day. jonah goldberg, thank you. >> reporter: great to be here thank you.

jenna: police say they finally maybe have a break in a string of arson fires on the virginia coast. the breaking details on that coming up. this is $100,000. we asked total strangers to watch it for us. thank you so much. i appreciate it. i'll be right back. they didn't take a dime. how much in fees does your bank take to watch your money? if your bank takes more money than a stranger, you need an ally. ally bank. your money needs an ally. did you know that if you wear a partial, you are almost twice as likely to lose the supporting teeth? even subtle movement of your partial can put stress on supporting teeth. this could lead to further tooth loss. try new poligrip® seal and protect denture adhesive. it stabilizes your partial to help reduce movement against gums and supporting teeth. care for your partial. help protect your natural teeth with new poligrip® for partials. also try polidt® clean and protect denture cleanser

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jon: just in after four months and more than 70 arson fires miss believe they may finally have the person who has been terrorizing virginia's eastern shore. rick folbaum is on it live from our new york newsroom. >> reporter: the fires began back in november of last year. ban donned structures mostly houses set on fire. now police say that they've made an arrest, 40-year-old tanya b u.n. dick is the suspect, there she is. virginia state police say she was spotted last night very close to a two-story building that was burning. here is a picture of that building. she's been charged with setting the fire and investigators are working to figure out if she has anything to to with the 70-must

other fires that have been set along the state's eastern shore. locals hope that is the case since the fires have a lot of people there on edge, as you can imagine. a $25,000 reward has been offered for information leading to an arrest and conviction. not clear yet whether the police who do the b u.n. dick were acting on a tip or if authorities simply spotted her by responding to this latest fire. she is being held without bond on arson and conspiracy charges, and in the state of virginia arson is a felony, jon, it carries a maximum sentence of life in prison if she is convicted. we'll keep you posted on this if we learn more. jon: they are not talking about motive. >> reporter: not talk being about motive and not saying with any kind of certainty that she had anything to do with the other fires, simply that they found her at the sight of the latest fire last night. jenna: no motive in this next case we are also looking at in the state of texas. police are sifting through multiple theories and pouring over prosecutor's files for leads after a texas district

attorney and his wife were murdered in their home this weekend two months after his assistant tv was killed. jeff lanza is a special f.b.i. agent back with us today. one of the theories is still pointing to the aryan brotherhood, the white supremacist prison gang that we talked a little bit about yesterday. one of the things we learned today is in november there was an indictment of 34 alleged members of this prison gang as part of a federal investigation. in that sort of situation, a federal investigation, would the weight of an investigation fall on a particular county or a particular d.a.? >> well, actually if it's a federal investigation the roll up from that came from the local prosecutors. generally the cases start at the local level and they work as teams so you have a state prosecutor working with the federal authorities. the sentences are usually harsher at the federal level and they have much more resources so the case is may be prosecuted federal leave.

a lot of the initial groundwork and initial gathering of the investigation and all the material that went into that came from the local. so they -- they would invariably be considered as part of the overall investigation. jenna: the reason why i ask is because kaufman county where the murder took place were apparently part of this investigation but it's difficult to know with the hr*euplted information that we do -- limited information that we do just why this d.a. would be targeted if indeed the aryan brotherhood is responsible. we still don't know enough about that, jeff. over the last 24, 48 hours, what do you think about that working theory that it is this prison gang? >> it is just one working theory. the heart of that theory is the department of public safety in texas putting out this bulletin indicating that there was a credible threat or some credible information that they would be targeting these officials. in the command post which is at the heart of this investigation we have detectives and f.b.i. agents and sheriff's deputies all looking at various theories. they have a gigantic bulletin

board there and they have all the different suspects listed and different avenues of investigation and they'll be focusing on each one of those avenues with teams of people. eventually some of those will wash out and it will focus down to one or two things which they'll follow-up further generating leads and doing more intensive investigation. jenna: time is of the essence of course in this story because there is a big question about who might be targeting next. what about the time in all of this. jeff, how quickly can all of that be done? >> it's going to take a while. of course depending on the circumstances and depending on, you know, what lead flush out from that, and protection is a big situation, and you have -- for example in houston you have 270 lawyers and a hundred different investigators and you don't have the resources to protect those people. and in kaufman county, which is a rural county, but it's not like the old west, you know, if -- in the old west you challenge somebody to a gun fight and now you come up to someone and you just plain shoot them. and action always proceeds

reaction and that becomes a problem in protecting peopl like that that are very vulnerable. jenna: there's been one report in one paper the "new york post" that suggested that on the walls in the house where this d.a. was murdered and his wife was murdered was some sort of symbolism of the aryan brotherhood. its unconfirmed but it is bringing up other theories that perhaps a smart criminal would try to cover up. maybe they have no connection to the aryan brotherhood and they have the media and everybody else working in one direction. but it's a drug cartel, it's somebody else completely. what do you put the chances of that being, that a criminal would be that smart to just get everyone going in a different direction? >> probably not. you know, they may do that, but believe me there will be enough other investigative pieces of information that they'll find other evidence which will set the investigators on the right course. mostly people that commit these type of homicide, these violent acts are not thinking that far in advance and they are not thinking about making it look

like somebody else did it. for this type of crime. and so i doubt that that is a viable theory at this point. jenna: sometimes when there is not a lot of information out there we let our imagination get the best of us. we'll keep that in mind along with the a healthy dose of skepticism as to what we're hearing until we have the facts. we appreciate your expertise and look forward to having you back. >> okay. jenna thank you. jon: we are continuing our coverage of the mysterious escape from the hopkins county jail just this morning. two jail inmates are on the loose. authorities still aren't sure how it happened apparently. brian alan tucker and john martin king on the loose may have gotten away with somebody in a car. they are not wearing their jail uniforms. one of them wanted on murder charges, and this is a very dangerous time, obviously. everybody is on edge. we will speak with someone from the sheriff's office about this escape from the hopkins county jail just ahead. also, prosecutors in the colorado movie theater massacre case want to get the death

penalty for james holmes. coming up, how their move could end up focusing his trial on his mental health, including what he wrote in a notebook to a psychiatrist right before the shooting rampage. changing the world is exhausting business. with the innovating and the transforming and the revolutionizing. it's enough to make you forget that you're flying five hundred miles an hour on a chair that just became a bed.

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jenna: now more on this fox news alert. a manhunt underway for two jail escapees. sergeant brad cummings with the hopkins county sheriff east office joins us by the

phone. we have more live pictures what is happening on the ground there. sergeant, how did these guys get out? >> they were in the rec yard and managed to manipulate the fencing and push their way through there. jenna: any indication at all as to who they're with and where they're going? >> well, one of them, john king, he is from hopkins county, the area, brian tucker listed a mesquite address on his jail report but he is very familiar with this county also. jenna: now we had some reports they were both picked up by a car? can you confirm that for us? >> i haven't heard that. jenna: okay. we know that one of them, brian tucker, was in for capital murder. what can you tell us about how dangerous these guys are? >> if anyone is to see these two they are to be considered extremely dangerous, that's correct. brian tucker was indicted in 2011 on a capital murder of a bobby reilly, who is a,

was a citizen here in hopkins county. john king is in for evading arrest and theft charges. and but, they are both extremely dangerous. jenna: now, sergeant, i know this is really early in the investigation. this just happened this morning but i'm sure you're aware what is happening to the south of you in kaufman county? >> yes. jenna: the investigation of the murders there. is there any indication at all maybe there's a connection between this jail escape and what's happening there? >> no. that hasn't been confirmed at all. at this point that's just to be considered a coincidental incident. again, i am aware of that, yes. >> sure. we just wanted to ask about it because obviously it is in the news and a lot's happening around the dallas area. really for our viewers right now, what thud she do if they see these guys? >> well, brian tucker is 5'7", 171.

he has got brown hair, brown eyes. john king is 5'8", 165, black hair, hazel eyes. if anyone sees the two, do not approach them. call 911 immediately. call us even if it is a false report, false sighting we want to know where they might potentially be. so do not approach these two because we don't want anybody thing hurt or being taken hostage. again they are to be considered extremely dangerous and call 911 if you see either one of these two. jenna: happy to get the word out. we shared the photos as well. sergeant cummings, thank you for your time. appreciate you joining us for this breaking story. we'll stay on it for our viewers. >> no problem. jon: prosecutors in the colorado movie theater massacre announcing yesterday they will seek the death penalty for james holmes. some friends and family members of the victims applaud the decision in a case that is now expected to focus on the accused mass murderer's mental state. here to talk about it, lis wiehl, fox news legal

analyst and former federal prosecutor. doug burns also a former federal prosecutor and criminal defense attorney. holmes attorneys, his public defenders, went to the court last week and said, hey, take the death penalty off the table. our client will plead guilty to murder. you can put him away in prison for life without parole. prosecution said no, not a serious offer. >> not a serious offer. it is always more difficult for the prosecution to take an offer like that there is plea deal, there are no issues on appeal. nobody like doug that will be defending. that's over. in this case where the prosecutors said, we have spoken to all these victims it and families, nearly 800 of them, we have decided if we are going to have a death penalty in this state and in this country, if not for this guy, who would it be for? so they go ahead with it. jon: colorado has not made big use of the death penalty. only a couple cases in last 30 years. i'm from there. i know the history. >> read my mind. in 1976 the death penalty was brought back by the

supreme court in greg versus george. there has been one execution in colorado, gary lee dave vifs, and you remember the name. three people are on death row. reality with caveat that this is not necessarily my opinion i think he deserves the death penalty. there are practical factors that mimic in the debate about the death penalty. the expense of a death penalty case goes on and on. >> the death penalty case should not be about the money and money alone. here we have the one person you're talking about was executed, rape and a murder, horrible, horrible thing obviously. here we have 12 deaths. the citizens of colorado say if we have this on the books, if we will not implement it now, when will we implement it? jon: there is lot of question about his mental stability? >> that is next point i want to make. i don't think the supreme court specifically said you can't execute somebody with a mental defect a lot of states i should say have put in a rule to that effect. if there is question whether or not he is insane i don't

think this is good case for the death penalty. jon: low iq has been a question in death penalty cases. >> yes. jon: this guy was a neuroscience major. >> you're right. >> allegedly planned this. by the way when he was arrested by the officers right after he said, don't go into my apartment. why? because it is booby-trapped. knowing somebody would be hurt even after he shot up 12 people. that to me says he knew right from wrong. that defeats a insanity defense. jon: our notebook that was found out by janet winter, has sketches of a guy shootings up a movie theater that he apparently said weeks ahead. >> that is tricky waters for two reasons. one apparently notes sent to his psychiatrist. you have the legal privilege issue. two, of course the source issue. the judge summoning in a fox reporter. but according to lis -- >> colorado law should protect her, reporters privilege. jon: this is now a death penalty case. >> right. jon: everything slows down.

>> yeah we'll not see trial until next year that is smart from the defense perspective. from the defense perspective you're trying to keep your guy alive. the longer you prolong this, you know he will never get out of prison, longer you prolong the trial the better. jon: enhanced risk because they're now going for the death penalty, perhaps something could get bungled in the case that guy could walk? >> absolutely right. lis said it had at the outset the bird it in the hand is worth, however the phrase goes. reality you have to look at timing of offer. they did it early so they wouldn't have to prepare for trial. here's my point. they may revisit and take it, maybe. >> taking words right out of my mouth. just because they reject this one time, doesn't mean they could not revisit. >> i think they will. >> after more thought we'll take death off the table. >> those families are suffering now and continue to suffer for a long, long time, really whatever happens. lis wiehl, doug burns. >> my pleasure. jenna: they will be back talking about jodi arias next hour.

we'll look forward to that. folks in one town are furious about some new neighbors that may be moving in. why one state wants inmates to live in a residential area. also an incredible explosion caught on tape. what happened at this gas station. we have the details just ahead [ anouncer ] ihop in time square to compare

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bp's also committed to america. we support nearly two-hundred-fifty thousand jobs and invest more here than anywhere else. we're working to fuel america for generations to come. our commitment has never been stronger. jon: right now, new video showing a wild explosion at a gas station in the u.k. neighbors called police around 4:00 a.m. to report hearing a bang outside. officers found an atm at the station blown to smithereens plus a small fire. the thieves apparently rigged it, got away with cash inside. cops say they are releasing this video to warn people how dangerous these crimes can be. jenna: a lot of effort went into that, right? jon: some thought, yeah. jenna: wonder how much cash they got? outrage over a new plan to send criminals to a small connecticut town. the state is under contract with a nursing home and is planning to send terminally ill prisoners to a

residential area. not everyone is so happy with that eric shawn has the details from rocky hill, connecticut. so, eric, what exactly is the plan? >> reporter: yeah, hi, jenna. you know we're here in rocky oak, connecticut, a bucolic town outside of hartford. when josh and lauren eagan bought the house behind me they were thrilled. little did they know the nursing home next door would be contracted out to accept prisoners. those here are concerned and very angry. the connecticut plan would save $6 million a year. if prisoners are cared for with 24 hours nursing care in prison the state pays. but in a nursing home, federal medicaid picks up 50% of the cost. because they are released because of medical conditions, folks here don't want ex-cons next door. >> i would not let my children play in the yard. i just wouldn't. i wouldn't feel safe safe letting them play in the one place they should feel safe in their own yard. >> these are not people

belong in a convalescent home. they belong in a prison. they say they're end of life people. but you know what? they committed a crime and they should do the time. >> reporter: the town is fighting this. they're also citing zoning issues, jenna. jenna: so what exactly does the state say about the neighbors concerns? >> reporter: well the state says that they shouldn't be worried. that there is no danger from these patients. they do note they are at end of life. some have alzheimer's or dementia or basically incapacitated and can't even take care of themselves. they're carefully screened for that. they say they also released prisoners like this to nursing homes around the state. they know this nursing home will be like any other. it will have security but also parole officers. >> we're talking about terminally ill or severe dementia or other kinds of debilitating type ill knows like -- illnesses like qdro pledge i cans, et cetera. we can't discharge them unless we have places to go.

number of inmates in this category are increasing. >> reporter: 95 of those patients are supposed to be housed here. this is a problem across the country. other states are facing issues of what to do with prisoners released on parole or end of life. back to you, jenna. jenna: very interesting. you can understand the neighbors concerns there for sure. eric, thank you. a story we'll follow. jon: i heard from some of those nabe, bo. it is not just the prisoners they're wondering about, what if family members decide that dad should die at home or something. they could walk into an essentially unguarded facility and who knows what could happen. there are a lot of a lot of issues being raised. all right the president today is proposing a $100 million plan to map the human brain. why it could mean or what it could mean i should say for diseases like alzheimer's and autism

jon: a fox news alert and right here in manhattan the u.n. general assembly has just overwhelmingly adopted the arms trade treaty. there are critics who were concerned that it could actually affect private firearms transfers within the united states. organizers of this say it has nothing to do with that. they claim it is all about illicit shipments of arms internationally and trying to control the trade of arms between countries that in many cases simply should not have them. it has opinion, it has been approved now at the united nations. we'll have more throughout the day here on fox. jenna: well today the president unveiling plans to

map the human brain with a goal of finding treatments for things like alzheimer's for example, or other disorders. the president is proposing $100 million in funding next year for what he calls the brain initiative. >> i'm directing my bio ethics commission to make sure all the research is being done in a responsible way and we're also partnering with the private sector including leading companies and foundations and research institutions to tap the nation's brightest mind to help us reach our goal. jenna: dr. marc siegel, a professor of medicine at nyu langone medical center and a fox news medical a-teamer and all sorts of comparisons today, doc, to mapping of human genome which is something the government got involved with a few years ago. what do you think of this idea? a good use of taxpayer money. >> right now i'm a excited about the money. the human genome project i was doubting thomas. i said what would we do all all this information? i was wrong.

the information has been put to use figuring out diseases we didn't know before. i think reading about this we're on the verge of great technologies for the human brain that are really tiny. jenna: why do you feel that way? why do you feel optimistic what you're reading? >> i'm reading about researchers ad mit, hopkins, nih, national science foundation and also the department of defense is involved in this, who are literally mapping single neurons in the brain. let me explain something to our viewers that is really important the brain lights up. when you have a disease, jenna, the brain starts to look at the imaging techniques the whole brain is involved. we can't figure out where the thing started. for things like seizure is did orders or things like alzheimer's or multiple ska rosy which we don't have much of a clue about. if we get down to the single neuron level and robotics and nanotechnology, and tiny submicro skopic particles we can treat things we don't see before.

jenna: don't often seeing republicans sporting spending with eric cantor is coming out in support. the focus seems on the technology and not exactly what the technology is looking for. what do you think about that. >> i would tend to disagree. look what is happening to the armed forces where hundreds of thousands soldiers coming home with traumaic brain injury or post-traumatic stress disorder and we technologies almost to the point, we found out about alzheimer's last year it is related to a bad protein in the brain and we have the imaging studies to identify it early. now what are we going to do about it? what will we do about ms? what will we do about traumatic brain injury? we're at the point where we need microscopic imaging and brain studies. think we have the scientists to do it. now is the right time. jenna:ing the team pushes us over the oge edge. jon? jon: a brand new twist on the jodi arias trial, could

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let's get ready to bundle and save. now, that's progressive. oh, i think i broke my spleen! >> reporter: and we're inside the "happening now" control room, a brand new hour with brand new stories over the next 60 minutes. we'll tell you about the clerical error that allowed a white supremacist to get out of jail early. investigators believe the man then shot and killed the man on the left of that screen, the state's prison screen. a live report there denver sprague ahead. also the economic boom behind shale oil. what it means for our country's energy dependence and what it could change, how it could change the map in terms of world order. finally, a tv reality show star found dead. we'll tell you what police are saying and what the death means for one to have the most popular shows on cable television. all of that and breaking news as the second hour of "happening now" starts right now. ♪

jon: and we begin this second hour with soaring tensions on the korean peninsula getting even hotter. welcome to the brand new hour of "happening now," i'm jon scott. jenna: can i'm jenna lee, and north korea says it's restaing a nuclear plant that can make plutonium. now off the korean penis the navy's uss john mccain is there following the pentagon sending stealth 22 fighter jets. they say it's part of joint military drills, but all the same, there's a lot of force in the region. james rosen is standing by with more on all of this. >> reporter: even if the north koreans were flicking all the switches back on at their nuclear complex, scientists say it would take anywhere from three months to a year for the main reactor to become fully operational again and perhaps another year after that to turn out the plutonium necessary for one nuclear bomb. the complex sits about 60 miles north of the capital, pyongyang,

and is home to the aging five-megawatt reactor that helped the north koreans develop enough plutonium for 4-8 nuclear bombs. its first tests back in '06 used that stockpile. officials are unsure whether the third test in february used blew tone yule or highly-enriched uranium. the latest remarks from kim jong un also signaled another subtle shift as he appeared to emphasize deterrence over aggression. >> translator: the north korean army has to be combat ready at all times. this is part of our deterrent strategy. we have to create a legal framework for the creation of an internal nuclear deterrence as a legacy of the great generals. >> reporter: traveling in andorra in southwestern europe, ban ki-moon, secretary general of united nations, said he's

convinced no one intends to attack north korea, but ban also said he is deeply worried that further provocations might trigger a response. >> the current crisis has already gone too far. nuclear threats are not a game. aggressive rhetoric and military posturing only result if counteractions and fear and instability. >> reporter: south korea's president today also called on western powers including the u.s. to develop a stronger deterrent to north korea. jenna: we're going to dig deeper into this now, james, thank you. jon: let's bring ambassador josephty tranny, the special u.s. envoy back in 2005, talks resulted in a nuclear disarmament agreement with the north, an agreement the rogue nation quickly broke when it conducted its first nuclear test a year ago.

ambassador de trani, welcome. thanks for joining us today. >> no, thank you for inviting me. jon: we saw that, you know, that much-ballyhooed implosion of the cooling tower at the north korean nuclear reactor. that's now gone up in smoke really. they're going to rebuild this thing, huh? >> that's what they say. and usually when they say something, they follow through, and they will build it, rebuild it. it's going to take them some time. it's in total disrepair. it's being very conservative, at least two years before that thing is up and running. so it's going to take some time, but they're determined to do it. jon: but it's another broken promise from north korea. >> it's another broken promise, it's another path to nuclear weapons, in addition to the uranium enrichment program, now they'll reprocess the spent fuel rods and have more plutonium for nuclear weapons. jon: typically the north acts up because they want something. what do they want? >> i think the north wants to be accepted as a nuclear weapon

state, and they know this is not going to happen. they know no one will accept this. but this, indeed, is what they want. jon: well, then how does the united states respond? i mean, obviously, they have nuclear weapons. they have the capability of firing them off. i guess one of the questions is concerns about proliferation. would they i give one of their nuclear weapons to an iran? >> well, you you know, jon, we w in syria going back to 2007 when the israelis took outal ca bar, the syrians were building a nuclear weapons capability -- jon: essential he, along the north korean design, right? >> essentially along the north korean design, and the information we had was the north koreans were helping with that construction. jon: all right. so that gets us back to the question. i mean, we know they have weapons, we know they need cash. would they consider selling one? >> well, the issue is they know the consequences of nuclear proliferation. they've been told many times

that if they should ever sell or make available anything of a nuclear nature whether it's with fissile material, a nuclear device or weapon, we would know. we, the international, we would know about it, and there would be significant consequences. jon: but is there any danger in sitting down for more talks? does that give them the recognition that they're craving, and is that a bad thing? >> well, you cited the 2005 joint statement. that statement committed north korea. they committed themselves. this is kim jong un's father, kim jung-il who committed to denuclearization in 2005 in exchange for getting out of the box, to getting the security assurances, the economic assistance. and ultimately, normal relations when they get other things in play and they get their act together on illicit activities. these were available to north korea in september 2005, and they accepted it. kim jong un is walking away from what his father committed to. jon: and our response should be,

in your view? >> well, in my view, our response has to be come to the fold. they need to get on the path to denuclearization. i don't think anyone in north korea, certainly the people of north korea who are suffering -- we're talking about food issues, nutritional issues -- these people don't want to be in the box, a pariah state with over 93 countries sanctioning them indefinitely. i think they need to get back on the path to becoming a legitimate state. jon: and china needs to be involved in -- >> china, that's exactly right. china has the leverage no one else has. they have a peace and friendship treaty, they're allies, the economic aid is significant, food, fuel, yes. china has the leverage to get north korea -- not to just come back to talks, but to come back to talks and be serious about what they committed to in 2005, denuclearization. jon: it doesn't ever seem to stick, whatever they commit to, but you would know that better than i having participated in those six-party talks.

>> i think you're absolutely right. all indications now are they're going in the opposite direction. they're not prepared to denuclearize and, again, they want everyone to recognize them as a nuclear weapons state, and they must know this is not going to happen. they will never be accepted. jon: ambassador joseph de trani, thank you. >> thank you. jenna: a dead exconvict linked with two killings last month was apparently released from prison four years early buff a clerical -- because of a clerical error. he was on the run because he was suspected of murdering this man, colorado state prison director, as well as a pizza delivery man along the way. alicia acuna has more on this story. >> reporter: hi, jenna, yes. and the court that made the mistake is apologizing for the error that led to the early release of the man police believed killed two colorado men. evan evil was released in

january, but the 11th judicial district court now says that's four years before he was supposed to go free. in 2008 he was convicted for assaulting a prison guard while serving time for robbery. he was supposed to get four more years tacked onto his sentence, but from looking at these documents, the judge never specified that his time was supposed to be consecutive. the colorado department of corrections put out a statement explaining that under the law when the court doesn't specify, the sentences must be served concurrent. it goes on to say the doc has no authority to disregard a lawful mittty miss even if it it is erroneous and remains in effect until reversed by an appellate court. the court said, quote: the district has undertaken a review of its practices in an effort to avoid a reoccurrence of this circumstance. this court extends condolences to the families of mr. nathan leon and mr. tom clement. law enforcement in colorado say evidence left at two crime

scenes show that evan ebel is the main suspect in the shootings of department of corrections director tom clement and that of pizza driver nathan leon. leon was killed at his own home. leon's wife is left with kids to raise, and apologies seem thin. >> sorry ain't going to bring my husband back. >> this could have been prevented if somebody would have done their jobs. >> and the clement family has not commented yet on this early release. jenna? jenna: what a story. alicia, thank you. jon: and then there's this big one on the west coast, a judge clears the way for a major u.s. city to file for bankruptcy protection. stockton, california, becoming the largest american city ever to file for bankruptcy. so who could really feel the financial pain there? plus, how far we've come from 9/11. a brand new look at a view from the top high aboveground zero in new york city.

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jenna: now for a view that will leave you feeling on top of the world. new york's world trade center, still very much under construction, allowing a sneak peek at the new observation deck. it will soon be the city's highest point, and a fitting tribute really to the big apple. the indoor observatory will take up three floors high above ground zero. it's going to offer panoramic floor-to-ceiling views for miles and miles. a dedicated elevator will make the trip. it's a long trip, about 1,250 feet, in about 60 we could ises. that deck you're looking at there is due to open in 2015, about a year after tenants start moving into the building. jon: good to see it going up.

new developments on a story we brought you yesterday, a federal judge ruling that stockton, california, can become the largest u.s. city to enter bankruptcy, but a $26 million budget shortfall means deep cuts to the city's pension fund are likely. claudia cowan is live in san francisco. she is bringing uses some of the details. what does it all mean, claudia? >> reporter: well, jon, it means stockton now has some breathing room to restructure its debt and get back on its feet, and for the city's lawyers, it's a sense of vindication that a federal judge agrees with what they have been saying for the past nine months. one, that the city was insolvent when it filed for bankruptcy last summer and, two, that it did negotiate with its wall street creditors in good faith to resolve its financial problems. now, some of those creditors disagreed, but the judge ruled they were the ones who refused to negotiate unless the city slashed its biggest debt, a $900 million pension obligation to calpers, the public employees'

retirement system. federal bankruptcy code calls for all creditors to take a hit, otherwise it's unfair. lawyers for the city pointed out payments to calpers are protected by state law, but the judge opened the door for stockton to lower its pension payments, and if that happens, it could set a precedent. eventually, the question of whether federal bankruptcy law trumps state law could wind up before the u.s. supreme court. jon? jon: so how is life going to change for the poor residents of stockton, or maybe i should say the residents of poor stockton? >> reporter: well, you know, life isn't expected to change much more than it already has, residents have had to put up with deferred road maintenance, abandoned development prompts, and a severely-reduced police force trying to keep the peace. residents tell me that things have actually improved since the city filed for bankruptcy. for instance, home values are up about 10% in the last year. but now comes the hard part as

officials try to figure out what's called a bankruptcy exit plan which they hope to have in place by june. jon: what a mess. claudia cowan, thank you. jenna: the second amendment front and center again today. we're going to tell you about one town where it's now mandatory to own a gun. more on that. plus, turmoil in the mideast certainly has a major impact on america. remember the gas lines in the 1970s? now some are saying that will never, ever happen again because of our growing energy production. is that true? we're going to dig a little deeper into how our growing energy industry is affecting our wallets and the way we interact with the rest of the world. also, a purse snatcher makes a smashing exit you don't want to miss, next. if there was a pill

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jon: right now the nra is revealing its proposals to reduce violence at schools one day after connecticut lawmakers reach a deal on some of the toughest gun laws in the nation. meanwhile, one small town approves a plan to make gun ownership mandatory. nelson, georgia, has 1300 residents, people who do not want to carry a weapon can be exempt from the ordnance. trey thomas of waga has that story. >> reporter: heath mitchell returns from answering a call. it's his couth as nelson's -- his duty as nelson's police chief. >> we're budgeted for a few more officers, but right now we just have one, and i'm pretty much doing it all right now. >> reporter: it's one of the reasons a city council member wants a law requiring people to have a gun in their home. the chief was skeptical until he spoke with another police chief. >> i worried at fist, i add my

doubts. and after speaking with him a couple hours and going over some stats, i was all for it. >> reporter: the chief believes a mandatory gun law would be a deterrent to crime and protect citizens from being prosecuted should they resort to using one to defend themselves or their property. >> just because i know i can have a gun. if somebody breaks in my house, i've got the right to use it. >> reporter: the chief says the plan is to post signs at the city limit so bad guys will know to pass right on by the city of nelson. >> we're going to go ahead and post the ordnance in the city of nelson. >> reporter: leroy blackwell doesn't have a problem with the law as long as week can make up their own minds. >> volunteer. i mean, you'll have a right to have one or not. everybody don't feel the same about it, i'm sure. but you've got to protect yourself and protect your home. jon: the ordnance also exempts

convicted felons and those with certain mental and physical disabilities. our thanks to trey thomas of fox affiliate waga for that report. jenna: an interesting story there. well, it's a positive sign for america's economy, and it's all linked to our growing supply of energy. the united states is moving towards becoming an energy exporter, as i'm sure you've heard these stories over the last couple months. new technology is unleashing a huge resource in shale gas and oil production among other resources as well. if the united states becomes energy independent, what does that mean for our economy and the way we interact with the rest of the world if we're covering this from a few different angles. phil flynn is a fox news contributor, michael singh is managing director of the washington institute for near east policies. phil, we mentioned a few reasons, but why suddenly are we on the eventual of not importing a whole wunsch of oil -- bunch of oil, but being a player in the exporting business? >> because of technology and high prices carrying high

prices. and to be honest with you, the bush administration energy policy, to go out and find more sources of oil, drill for more oil, unleash the capitalistic viewpoints of making money, and we found a better mousetrap. the combination of fracking which is directional drilling and drilling into rock and horizontal drilling has changed the global landscape. this is historic. the way we thought about the world for the last 50 years has totally changed from a geopolitical viewpoint, from an economic viewpoint, and it's all because of this new technology in drilling. the world has changed forever, and i believe for the better. jenna: michael, phil says a major geopolitical shift because of some of these new innovations. if you could highlight what would be the major shift in the way we might think about the world or approach the world in our policies because of this in our economy, what would it be? >> well, jenna, i first have to mention one thing which is when

people think about energy dependence, look, there's supply -- which is what we're talking about here, not getting our energy from other places -- and then there's price. no matter where we get our oil, it's still going to be priced on the world market which means events around the world and places like the middle east will still impact the price of oil in our economy and so forth. but two big shifts here, jenna. the first one is good, and the second is, well, maybe not so good. first, we won't be beholden to other countries for our energy security, and that is tremendously important. in case of, say, a war, nobody can cut off our energy supply, and that's very important. but the other part of it is, look, you know, our relationships with places like, you know, middle eastern energy suppliers like saudi arabia and so forth have in large part been based on getting our, getting energy from them and having a deep interest in what happens there. the other side of this story is that china will increasingly depend on imports for oil and for gas, and so you could see the this kind of geopolitical

shift between the u.s. being the major sort of energy consumer in the world to china being the major energy consumer and china suddenly having a very keen interest in what happens in regions like africa and the middle east not just in terms of energy, but in terms of the politics and the diplomacy. and exactly where that leads you in terms of the geopolitical order is very uncertain. of. jenna: that's a really interesting point. phil, i want to pick up off the earlier point mike made, and that's about price. because we certainly do talk a lot about a booming industry here in the united states, but if it's so booming, then why aren't we seeing lower gas prices for the rest of us? why isn't it translating to a great benefit for the consumer? >> because we haven't put the infrastructure many place to get the oil to where it needs to be, and that's happening now. you know, and actually we have seen the benefit. if you compare the price of gasoline that we're paying here in the united states or what we're paying for west texas intermediate oil which is the u.s. blend compare today what

they're paying for brent, there's been a huge discrepancy. they're paying much more for it overseas. and as time goes on, this reduction that we're seeing is going to see a benefit in lower gasoline prices. but i'll take it a step further, it's going to change the energy mix towards less use of gasoline overall. yes. jenna: the video we were seeing on the screen, the gas lines in the 1970s. and just as an analyst, phil, do you think based on the shift that you're talking about that gas lines like this will never happen again in our country? >> not because of disruption of supply. every world oil producer is on notice right now. if they try to cut off supply to another country, there's going to be another producer going in to fill that void. russia's already come out and said, hey, maybe we made a mistake by cutting off, you know, the ukraine and yugoslavia earlier, because we're losing about -- worried about losing market share for patch algas and oil. opec learned that in the '70s

when they inspired the u.s. to become more energy efficient. and now with the threat of more oil producers in the bloc, you know, the power that opec used to have to influence the world market has been greatly diminished. jenna: that'll be interesting to watch. michael, returning to that issue of price on the world market and what it means for us and our national security as well, there seems to be the assumption that if we are energy independent, that we don't have to worry about the middle east at all, right? we don't have to worry about saudi arabia or iran or any of those places, because we're not going to have to pay as much attention to them. why is that potentially a faulty assumption? >> well, it wouldn't be good for me, jenna, because it would put me out of a job. jenna: which we never want to do. [laughter] this is supposed to be about job growth, not the opposite (it's a faulty assumption because i think phil was actually getting at in his remarks which is this is a global commodity which means it's priced more or less, i mean, with variations, on a

global basis. if there's a big blow-up in the muddle east, gasoline prices in the united states will rise. oil prices in the united states will rise. and everything that oil goes into, say food, that will rise as well in price. but secondly, jenna, a lot of our allies, remember, are not going to become energy independent. countries like e judgment and jordan are oil importers, and they subsidize energy for their citizens which causes major strains on their budget. if prices go even high her, that means those allies who we depend upon, you know, for acting with us on our national security concerns are going to be under tremendous strain, and that means more foreign aid, more sort of direct involvement in fm the united states. jenna: so it's a little bit of a double-edged sword. our viewers might be wondering what's going on with keystone, that is with the state department and president right now and waiting to see what will happen next. we look forward to having you both back. thanks, you guys. >> thank you. >> thanks, jenna.

jon: and an update to a story that raised a lot of alarm bells. border patrol agents having their hours cut leaving huge holes in security along our southern border. why it appears there's opinion a change of heart on -- been a change of heart on all that. plus, a sensational murder trial. jodi air rahs fighting to avoid the death penalty. now her defense team is pushing for a mistrial. do they have a case? our legal panel, next. [ kate ] many women may not be absorbing the calcium they take

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jenna: now this fox news alert. republican senator mark kirk of illinois says he now supports same-sex marriage n. a statement today senator kirk said after he recovered from that massive stroke he suffered from he promised he would return to washingto washington d.c. and to the senate with a more open mind saying quote, our time on this earth its limited. i know that better than most. life comes down to who you love and who loves you back. government has no place in the middle. that is a quote from his statement that he put up on his blog today. he is the second senate republican to flip position on this issue following senator rob portman of ohio. this is all happening playing out as we await a decision from the supreme court and gay marriage which we expect in june. jon: a critical situation along the border getting worse. last week fox news reported the border patrol was going to leave huge sections lining the southern border unprotected.

it blamed the sequester and the automatic budget cuts. there was a huge outcry following our story. the feds suddenly found the funds to restore staffing levels and over time just in the nick of time. new documents show a massive surge of illegals slipping across the border. william la jeunesse is live in los angeles with more on that. william. >> reporter: that is not the narrative we are hearing out of the administration which says the border has never been more secure. in some areas that is true. but documents we've obtained suggest in other areas it is not, that april hepbgs are up overall -- apprehension -gs are up overall, texas is getting hammered. we are told that is because illegal immigrants believe if they get this now they will be grandfathered in and get amnesty when lawmakerser expected to announce a new immigration reform bill next week. take a look at numbers. of nine sepbgters o sectors on the southern border april hepbgs are up in 4, equal in two and down in three.

the total arrested is up by 30,000 not down reverse ago five-year trend that increase not from mexico but honduras, el salvador and guatemala. look at these emails from border officials in texas. this comes from this past saturday. the rio grande valley is boiling over. not sure if you saw our last detention report but we have approximately 700 ready to go and another thousand illegal immigrants to be -- that are unprocessed. finally with secretary napolitano coming to town this is not a good story we want to be telling. emails show that the officials want a tent city to hold all the illegal immigrants in texas. we also have documents where in a single night in march a predator drone spotted groups of 15, 7, 8 and 17 on the arizona border and yet by morning just three had been caught. this all comes as a new survey shows morale falling at the border patrol and the sagt see

now recinding its decision to cut pay and man power in some areas by 20% allegedly because of the sequester. let me tell you what is different. in the past when illegal immigrants would be caught they'd agree for voluntarily removal rather than spend time in jail. now because of this reform bill they are asking for an immigration hearing, and then they would go to jail but there is no bed space because of sequester so they are being released with a date to appear in court, then they disappear into the fabric of america. they are expecting when this bill is announced they will be grandfathered in, that's good to go. that is what the latino media is putting out and what they are telling agents in the post apprehension interviews. that is why we're seeingle surge and texas is the soft spot on the border. jon: all the politicians saying getting intontry illegally does not put you at the front of the line for a green word or citizenship. >> reporter: a bill is going to say at some point if you can show that you've been here for the past two years through document fraud you'll be able to get a rent receipt and say, jon

i've been here for two years, you need to be here now to prove that you have been here rather it would be harder in the future if you were indeed kaurbgts then you would be precluded if you will. that's the thinking. jon: what a system. jenna: testimony set to resume in the jodi arias murder trial as her lawyers are seeking a mistrial now claiming juror misconduct. and that's not all. it never really is. adam housley joins us live from los angeles with more on that. adam. >> reporter: yeah, something new every day it seems like. day 39 of the jodi arias murder trial, 14th week. as you phepbgd there wil mentioned there will be an evidentiary hearing this morning. the defense made a complaint that the prosecutor was outside taking pictures and signing autographs. and that the jurors may have seen that. apparently juror number 55 female may have said something. they are asking for a motion for mistrial alleging juror

misconduct. if -- if that is turned down by the judge they ask for juror number 5 to be dismissed. another twist and turn in this murder trial. the last defense witness is on her third day on the stand. basically she is laying out the whole reason why she believes jodi arias was mistreated by traffic is alexander going through emails where he called her names and basically trying to prove domestic abuse by travis aleastbound apbd der. take a listen. >> there was information about mr. a alapbd der calling miss airy as a skank and acting like it was a joke. there was information about the way he ignored her in public places and would not allow her to put pictures of them up in places where other people could see them. >> reporter: this is basically what the defense has been trying to layout from the beginning that jodi arias was mistreated by taf advisal exapbd der, that he was a bad guy and they are going into his background.

this is direct examination of this final defense witness. we have juan martinez the prosecutor to have cross-examination. that will be fireworks. every time he has a chance to cross-examine a witness they go at it from the outset. we hald the possibility of juror misconduct. we'll keep you updated on whether or not the judge a grease with that or if she dismisses juror number 5. we'll have that of course for you throughout the day. but jodi arias murder trial week 14, and we still have a ways to go. jenna: week 14 it seems never ending but there are so many twists and turns we can't ignore it that's for sure. thank you. jon: for more on this our legal panel rejoins us, lis wiehl is a fox news fox news legal analyst alanalyst. doug burns. according to the defense team juror number 5 given the evidence that came forward last week, it is beyond legitimate dispute that juror 5 is not fair

and impartial making her unfit to continue as a juror. so if they really believe that why not just kick her off the panel. >> very well put. the point is i was just going to say have you to separate it out. one is if a particular juror is unfit well they have alternates, you excuse that person and replace them. however, the defense argument i'll just lay it out would be, and i think it's an uphill battle but i'll lay it out is that your honor not only did she make negative comments about the defense but in our view we submit that this has infected the even fire panel. >> that is a real hard argument. >> aei agree. >> when jurors are taken off and arguments are taken off. you're right an at can be brought in they have heard all the evidence and deliberations haven't started yet. of it won't be that big a deal for the prosecution, it's usually because they've gone out and done some research on their own or watching television programs, things lining that or taking with their family about the case. or in scott petersen's case an actual juror number 5 was kicked

out because he was talking to the victim's family. those are pretty obvious. this will be a tough burden. >> jon's point back to that was just get rid of that particular juror. i just don't think they will be able to con vin the judge to declare a mistrial. the other point worth making is the fact that the thing has been 14 weeks is not really a reason, but it's lurking in the rafters like the 800-pound gorilla. jon: it is one of the things that happens in long trials. people get to know one another, they all feel like family. >> they start talking. same with your experience in the grand jury you now how that it. you're not told to talk to the grand jurors, but you do, you share lunch with them. it's difficult not to talk to each other. jon: they have 18 people on this panel, as i understand it they are not going to tell them who the actual 12 are who will decide the case until everything -- >> good reason for that. >> sure of course you don't want the back benchers to say -- >> i can check out. >> this varies from jurisdiction to jurisdiction is they will keep the alternates during

deliberation and if somebody becomes unfit to deliberate they'll replace them but guess what they have to start deliberating all over from scratch. >> that's what happened in the petersen case as well. scott petersen had to start all over again. >> because this trial has gone on so long you don't think the judge will be receptive to the idea of kicking this kwraor. >> i don't think so. tern lee not a mistrial based on what the prosecutor did or didn't do? he may kick that juror out. >> without a mistrial. >> not a mistrial. jon: that's what i meant. jenna:. >> not based on what we have so far. jenna: a jobless rate reaching a record high in the euor zone, how it affects us here at home. a robbery with a smashing end. karpl a ahead karma ahead.

jenna: a big headline on the economy today. unemployment in the euro zone is now at a record 12%.

melissa francis anchors money with melissa on the fox business network and joins us more on this story. melissa, europe seems far away at times. >> reporter: right, right. jenna: why do we care at home that their unemployment is at such a high level. >> reporter: we absolutely have to care. it has so much to do with our own economy. if you look at companies list ned the s&p 500, 30% of their profits come from outside the u.s. let me give you an example of companies you know, maybe you work for them, somebody in your tpwapl lee does, maybe you supply them, where half of their profit comes from outside the u.s. e on, ge. ford, amazon, mcdonald's and nike, 40 and 50% for all of those companies their money come from outside the u.s. when you hear about china and india expanding that is good news. those companies are doing well, maybe you own them in your 401k. maybe you know someone this your family that works for them. when you hear about euro zone

contracting those are the companies that are hurting and that will come home to roast ahead. jenna: some say all the trend begin if europe. is there any indication that this is something we could be seeing at home? we've been going in the opposite direction unemployment seems to be getting better. is there a concern that we could be or follow what is happening in the euro zone. >> reporter: absolutely without question. one of the things fueling our recover row is the good fortune is a lot of the companies that i just mentioned outside u.s. borders. as that weakens that is definitely going to impact that here. all the forecasts for growth in those countries in europe, economists are cutting those back as we speak. the only place where unemployment is lower germany 5-point 4%, austria 4-point 8% but the rest of europe is looking so tough. in spain for people under 25 the unemployment rate right now is 55%. those are young people who are not going to be out there buying product, that is for sure. jenna: big jobs report by the way on friday for us here. you can catch melissa by the

way, 5:00p mark. we don't want to forget you, we can see you more than once a day which is something that is great for all of us. 5pm herein on the fox business network. money with melissa francis. thank you information joining us today, i appreciate it. jon: speaking of money new federal regulations could cost america's farmers more than $6 billion. we'll tell you what businesses are doing or trying to do to fight back, plus, new questions after a star of mtv's ""buckwild"" reality show is found dead in his truck.

jenna: west virginia police are now investigating after the young star of one of mtv's hottest reality shows is found

rick folbaum has more. >> reporter: they had spent most of the night hat a bar. they told folks at the bar they were getting an suv and going offroading. people have been looking for them since early sunday mourn. their ford bronco was found in a ditch on monday and all three men inside dead, including shaun gandy, 21 years old. he found himself a star of ""buckwild" ." they tracked the lives of nine young people in west virginia, and now one of them, the most beloved one is dead. >> someone had seen a vehicle wrecked in the woods near shane's house. that prompted the response here. first responders located a wrecked ford bronco which was later confirmed to belong to the gandy family. it was in a wooded area about a

mile and a half or so from where we are now. >> he's a loving guy, he's all about family. he told all of us that he's going to do pw-g ""buckwild" for his family much. he was in that bronco with his uncle and another man. they don't expect foul play. they are not sure how the men died. filming on ""buckwild"" is on hold. back to you. jon: well the fda you might have heard wants new rules regarding food safety but many farmers say numerous safety regulations already are in place. they are concerned the new regulations could cost them and ultimately you plenty. shannon bream is live from washington with part of our continuing series on regulation nation. >> reporter: jon it's a worthy goal keeping the food supply safe but critics say two newly proposed federal regulation -ts

from the fda will be expensive and may be completely unnecessary. they are aimed at most farms growing produce and detailed how fruits and vegetables can be grown, harvested and packed. what seems to alarm many farmers is the shear volume of recordkeeping that will go along with the new regulations. according to the american action forum implementing the two new rules would cost the industry $6 billion and require more than 10 million hours worth of paperwork creating another unfunded mandate. >> there is a possibility we are going to in fact see higher prices for our produce. i think that is actually probably likely. in addition you may see further consolidation in the farming industry. i mean we've seen that over the last couple of decades as it is, and at some point small farmers may just say, this isn't worth it any more, and get out of the business all together. >> reporter: the fda says, quote, the rules are the result of outreach by the fda

with consumers, government, industry, researchers and many others and built on existing voluntary industry guidelines for food safety which many producers, growers and others currently follow. the public is free to comment on this and all the other 6,000-plus proposed federal regulations just in the last 90 days. they are all posted at regulations.gov. jon: thanks for that report. jenna: north korea is raising the nuclear stakes. their latest threats ahead. how did this guy find himself in this position? more importantly how does it end for him? we play the video next. [ male announcer ] this is george.

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>> police in perth, australia are searching for a purse snatcher who made a dramatic get away. he heads for the exit and smashes through the