and were more likely to ignore traffic. >> and i've seen someone jaywalk while looking at the phone he. >> and they don't know they're on television. take in the environment. >> thanks for joining us, everybody. thanks for taking us in. >> yes. "america live" starts right now. >> megyn: fox news alert on a news conference within the hour on several arrests in the tragic death of a 15-year-old girl. welcome to "america live" everyone, i'm megyn kelly. the parents of audrey potts are today speaking out for the first time about the sexual assault they say of their 15-year-old daughter last september and how the three young men now charge with the crime allegedly shared photos of the incident, which they say led to audrey taking her life eight days after the attack. this is just the latest in a recent series of incidents where a crime is committed, allegedly in this case, and then magnified in pictures,

and here is how the family says audrey's story played out. over labor day weekend last year she attended a party at a friend's house. the parents of that friend were out of town. audrey joined some friends drinking and then passed out and was unconscious. the family's attorney says audrey woke up to quote, the worst nightmare imaginable as she was sexually assaulted by three young men. five days later, photos of the alleged assault had begun making the rounds according to the family and audrey posted on facebook, quote "the whole school knows. my life is ruined" friends say she told them she didn't think she could take it and on september 10th, eight days after that party and the alleged sexual assault, audrey potts hanged herself. trace gallagher picks up the story from our west coast news room, trace. >> trace: two of the 16-year-old boys arrested attend the same school that

audrey attended and we're learning that the sexual assault may have been the final straw for audrey potts who apparently went to the school a year before the attack claiming she was bullied by boys. it's unclear if they were the same boys. two weeks after her suicide, the school principal dismissed those claims. the bullying did not play a part in her death, he said. now, the principal is referring all questions to the superintendent's office. the 16-year-old suspects are now in a juvenile facility until their court date this week. and here now is the pott family attorney. >> the dangerous effects of kids and what they can do with their phone and their laptops, is immensely damaging and in the case of audrey. she terrorized. >> trace: the on the flip side, they say most of what is reported is unaccurate.

the disturbing attempt to link audrey's suicide to the specific actions of these three boys. we're hopeful that all of these boys, none of whom have been in trouble with the law are to be regarded as innocent and the pott family believes in the seven months between the incident and the arrest the boys destroyed evidence and they're asking for help. and the parents did not know about the alleged assault until after audrie took her life. they want the boys tried as adults and the family attorney says he does not know. but believes that sexualitily assaulting someone who is unconscious a less than one conscious. we checked and they're equal. >> trace, thank you. this is sadly one in a recent series of cases where sexual assaults have become magnified by pictures.

just today, at this moment, a grand jury is being convened in ohio to investigate whether other laws were broken in the case of a 16-year-old girl in steubenville who was raped by two high school football players last year. that case became well publicized and the two defendants who were found guilty of the crime are seen in this photo carrying their young victim from party to party. images from that awful night shared online and among their friends. again, those two boys were found guilty last month of rape and now a grand jury will decide if there were attempts to cover up the crime and who might have been involved in those efforts. they may not be the only ones in trouble with the law. a similar case in canada now getting a new look after the hacker group anonymous threatens to name the four teens allegedly behind the 2011 gang rape of a 15-year-old classmate. a judge found insufficient evidence to convict anyone in the death of rateah parsons.

after they threatened to release names and addresses the case was reopened. parsons' mother claims her daughter's rape was documented and shared among her peers and that she was harassed until ultimately she took her life. and she hanged herself earlier this month as well. can you imagine? i mean, not just the alleged crime, not just the sexual assault, but then the pictures. i mean, it's a 15-year-old girl trying to deal with that. a a audrie's parents and the three boys maintain their innocence, but her parents-- they decide today break their silence in half hour ago. in a "america live" exclusive i had a chance to ask them, mother, father, stepmother what happened to audrie. >> it's very clear to me from the conversations that were captured on facebook that she felt like her reputation was ruined and that there was no

way that she could recover from that. >> no way she could recover. ahead at 1:30 today, my full interview with her family breaking their silence the first time here. there's growing momentum in washington right now for a new and more powerful inquiry into the events in benghazi that led to the death of four americans on september 11th of last year. now the mother of one of those murdered is injecting new life into this push and our chief intelligence correspondent katherine herridge has more from washington. >> reporter: thank you, this letter from citizen's united, the same from finance campaign reform is calling for a special congressional committee to investigate the benghazi attacks and citizens united has the backing of 23 major groups and sponsors and believe a special group or committee can cut through the politics. when you write your final

report, it's a different report if standing committees are writing it, if permanent staff, permanent members of committees are writing it, as opposed to a group of people that are brought together who don't necessarily care where their next job is. >> within the last week, two letters sent to every member of the house of representatives arguing that the current investigations into the benghazi attack are lacking, 700 special operations vets with the group special operations speaks also wrote in support of house resolution 36. first tabled by republican congressman frank wolf. now nearly half of the republican caucus in the house, 102 of 232 republican members are on board. >> and i think we're reaching a point that the american people are saying it is important that we do this. so, i'm sure the leadership and others will want to do what is is important for the country, but we have to find out what happened. >> and the mother of sean smith, the foreign service officer killed during the

attack along with three other americans is now publicly backing a special committee because she says the promises of secretary clinton and president obama now ring hollow. >> nobody's gotten back to me at all, not one word, other than one clerk called me and started reading me from the timeline which i already had and that was it. >> reporter: senior house republican aide said that three house committees are investigating and will hold the white house and administration accountable, but that's before we hit the support of over 100 members, megyn and see if we can get a new response this afternoon. >> megyn: we will watch and wait, catherine, thanks so much. >> you're welcome. >> megyn: u.s. workers have been told for decades bank as much as you can in your 401(k)'s, you've been told that, haven't you? president for limits on how much to put in your account. he had an idea how much you

need. and lou dobbs investigates the claim and is her live next. and they added a "don't tread on me" flag to the flagpole. and since 1775, a city council now calls that flag a divisive and right wing symbol and has ordered that it be taken down. we will speak live with that veterans group about that decision and what they plan to to. and a fascinating question emerges from the lawsuit against michael jackson's concert promoters. his family is suing those concert promoters for wrongful death. could the jackson family wind up exposing more than they wanted to about who is actually the biological father of michael's three children. he claims he was. that may not be the case. kelly's court. stay tuned. ♪ so free credit score's

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>> well, american workers have been told for decades to

bank as much as they can in their retirement and recently in their 401(k) accounts. so the wall street journal took special notice to a new provision in the president's budget that suddenly calls for limits on retirement accounts. see, the president has a notion how much you should be able to save in your 401(k) over the course of your lifetime. now, he did tell us at some point he does think you've made enough money. joining us now to explain, lou dobbs, host of lou dobbs tonight on the fox business network. he took heat for that remark and i do think at some point a person's made enough money and now in this budget. i think at some point a person's saved enough money, at least in their 401(k) and that number is, and those people are? >> well, the number of people this affects directly off the bad, 6,130. 6,130 will have assets in excess of 3 million dollars or-- income is-- >> over of the course of your

lifetime and many start putting in 401(k)'s since we were in our 20's and hoping to retire in our 60's. if over 40-plus years, manage to accumulate 3 million dollars, he says that's enough. >> exactly, accumulate is the important word there. if a man or a woman is fortunate enough or smart enough and works hard enough to see their 401(k), their ira rise and appreciate significantly, this is the federal government, this president, putting a cap on how much you may have. it is a direct attack on success. you know, this is becoming a theme of this administration and it is a very important change to really examine because here is philosophy's revealed. the policy, the new world order of this president, as joe biden says, is revealed and it's a daunting and disturbing direction.

because when you look down at the numbers, whether they're defined pension benefits. 401(k)'s, just about half of the country is preparing for retirement. and that's striking in and of itself. >> there's a reason that congress made the investment vehicles like 401(k)'s and ira's so tax friendly because they want us to save, they're not sure with social security and medicare, we have the president saying go ahead and save. if you save more than this, you're not getting a tax break. >> and the from 6 1/2% to 2 1/2%. the inverse of what congress intended with these tax friendly-- >> we're saving less? >> we're saving two-thirds less, as a matter of fact, despite all of the incentives in the marketplace for the 401(k), the ira's, roth, any number. >> megyn: let me tell the viewers this, to me is sounds like a lot of money, 3 million

dollars. wall street journal says that's roughly the value of a california police sergeant pension if she works for 30 years and works until age 50 and lives to normal life expectancy. you can get to 3 million without that much effort if you continue to make the deposits into the 401(k). >> and that will a cash equivalent and she will be receiving, this sergeant, $205,000 of benefits which creates an equivalent to 3 million even though that amount-- >> what does president obama want to happen to your deposits in the 401(k) once it reaches 3 million. he decided-- >> remember, george bush called himself the decider in chief. he was the decider. this president is the imperialist decider and insinuating himself and this government into so many corners and elements of our lives that it's stunning.

>> megyn: they say that this would only save-- make the government about 9 billion dollars more in revenue over ten years. it's not a lot of money to them, but it's a lot to individual people. and the journal asserts that a, it's a redistributionist play and b, a revenue grab, but they say, c, it's for many, it will be about reducing the ability of individuals to make themselves independent of the state. >> absolutely. this is a president committed to dependency. he wants -- he would feel -- he would be elated if every american were dependent upon his administration and the federal government. >> megyn: dependent upon or just not rich and independent of? because i mean, he seems to think -- and i mentioned that quote in the intro, but i think at some point a person's made enough money, because he said those words. and it tells you something about his philosophy. it sounds like-- i do think at some point you've saved enough money and

therefore you'll no longer be able to save in a tax exempt vehicle like a 401(k). >> exactly. and the same president who said he wasn't going to tax the middle class and ripped 300 billion out of the economy by putting that 2% payroll tax in effect and raised the tax on investment income. he's raised, put .9% penalty on people making too much money in his judgment. it all adds up to about a trillion dollars that he's decided to layout in the way of new revenue and receipts. >> when he we take money out of the 401(k), don't we pay taxes? it's just a tax savings vehicle. >> correct, it's deferral and it's a terrific idea and worked brilliantly. this president is committed, as you say, to the most arbitrary view of what a government can do. that is how much money you can have. this is a man who is utterly dangerous in his

capriciousness, his ash trarry ne -- arbitrariness and rule of now. >> megyn: thank you. new details as we await a news conference about a 15-year-old girl in california who killed herself after three teenage boys allegedly sexually assaulted her while she was unconscious and then the family attorney claims started sharing pictures of the assault with friends and classmates. audrie pott's parents sat down with me for an exclusive interview. we'll show that to you in moments. a planeful of tourists were coming in for a landing on the exotic island of bali. something went terribly wrong. trace will have the story after this break. when you have diabetes...

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>> an investigation is underway to figure out what caused a boeing 737 to miss a runway and crash in the sea near an airport in indonesia. the plane split open when it hit the water and that's where trace gallagher picks up the story. >> trace. >> trace: the first things they look at in these cases are technical problems like mechanical problems or human error. we should note that this is a brand new boeing 737 less than 150 flight hours. it's got literally came online this year. what happened, the plane was coming in to land and overshot the runway at bali's international airport and there were 45 injured and 22 taken to hospitals and the amazing thing, everybody, as you said, got out okay. and there were visions of the miracle on the hudson as passengers were standing on the wing.

lyonne air is the largest private carriers and planning on becoming one of the largest carriers in the world. but because of the airline's poor safety record it's not allowed to fly anywhere in europe. indones indonesia's overall safety record, 1.75 air traffic in the world yet 4% of all the air accidents back in 2010. you look at the pictures right here, amazing stuff. the rescue teams pulled up in all types of boats to get these people to shore and now we're being told that the n.t.s.b. version and the indonesia version is now on the scene and boeing will send a team to the scene to see exactly what happened to that plane and why it overshot that runway. some light fog reported, megyn, but overall pretty clear temperatures, kind of unexplained why it went off the other end. but amazing pictures of the rescue. >> megyn: unbelievable. trace, thank you. the so-called blind sheik is

supposed to be spending the rest of his life locked away in prison for his role in the 1993 trade tower bombing that killed six people and injured others in new york city. is he still getting his messages of hate out to a new generation of followers? we'll show you how this terrorist is now making news on social media. and a veterans group adding a "don't tread on me" flag to the flagpole. it's been since 1775 and continues to be, but the city council says that flag is now suddenly a right-wing symbol and has ordered it taken down. someone better alert the navy and marines to that. we'll take live with a member of that vets group. we're awaiting the word on three arrests in the death of a 15-year-old girl in california, a young girl who took her own life after the family says several teenage boys allegedly assaulted her sexually while she was unconscious and then shared pictures of the assault with

friends and classmates. now her parents want to know what will happen to these three young men who stand accused of the crime. up next, my exclusive interview with the family. >> in the messages that we read, audrie kept referring to her life, my life is over, my life is ruined. it wasn't just her reputation. she already felt that her life was over. it was that severe in her mind. copd makes it hard to breathe...

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>> we return now to our top story today as we await a news conference of arrests in the death after 15-year-old girl. audrie pott was described as a normal healthy teenager and her suicide last september came as a shock to her parents who say they had no idea anything was wrong. and they now know that eight days before their child took her own life last september, audrie was drinking at a house party and woke up to what the family's attorney calls quote, the worst nightmare imaginable. three teenager boys sexually assaulted audrie while she was unconscious taking photos they later shared with friends and classmates. it took months before the pott family learned what had happened to audrie and police arrested all three boys just last thursday. joining me now in their first interview about the case, sheila and larry potts, audrie's father and mother,

and lisa pott audrie's stepmother and the attorney. thank you for being here and we're grateful for you speaking out about a case that resembles too many others we've been seeing in the news as of late. and sheila, let me start with you as audrey's mother. why do you believe now, several months later, why do you now believe audrie took her own life? >> it is very clear to me from the conversations that were captured on facebook that she felt like her represent dags was ruined and that there was no way that she could recover from that. she made an attempt to, during the days following the attack to find out exactly what had happened because she was passed out unconscious. and when she did find out, it was more and more gruesome

than she had ever imagined and she did reach out to some classmates and she did try to resume a normal life, but there were conversations that clearly indicated she felt like her life was ruined and there was no way she could fix it. >> megyn: larry, i understand that you did not -- none of you knew anything about this. audrie went to a party and a week and a day later she hanged herself and it was only after her death you started to learn more. did she say nothing to you after the sexual assault? >> no, she did not. we had absolutely no idea. the school as you know had just started back up again, so she was busy with the normal activities of school and we had no inclination that anything had happened. >> megyn: and i want to thank you both for providing videotape of audrie we've not yet seen and the viewers not seen showing her when she was

younger singening a vibrant, beautiful, everything going for her, child, i don't know what this is like for you and our condolences go out to you. i want to jump to you, robert, as a family attorney and i know you were voted these boys, football players did unimaginable things to her while she was unconscious. i don't want to get into the details any more than any of you do. i want to know is it your contention that she was raped? >> it's our contention that these were young men, the label of boys i think is inappropriate. they were young men engaging in serious adult-like crimes whether you call it rape or sexual assault, what we know happened was that audrie was helpless, she was unconscious and she was violated in the worst way imaginable by three of her friends. it's important to note she was not strangers to her. she knew the three boys for a period of time and they took great advantage of her, so, we do intend to move forward with

the argument that she was sexually assaulted. >> megyn: and sheila, your thoughts on that. i mean, it's not unusual for young teenagers to try alcohol and to not be familiar with the limits of their own, you know, tolerance, but to find out that three of her friends, her so-called friends took advantage much your daughter, sexually assaulting her and actually photographing their crime. i mean, i don't know how you get your arms around that. >> well, that's why i think that the crime is so much worse because it wasn't committed by strangers. it was committed by people that she trusted. so, it was an ultimate betrayal. it would be difficult for an adult to deal with something like that, let alone a child. >> megyn: larry, how did you find out? i mean, your daughter killed herself and you are dealing with the devastation of that and then how did it first come to your attention about what

she had been going through? >> we heard her memorial service was the saturday, that saturday following her death and we had just buried her and that sunday evening lisa and i were in bed just trying to get through the night reflecting on what had happened and we received a call from a friend of the family that they felt th that there was knowledge of this party had just begun to circulate and that there was information that some of the children had that he they felt would be vital for us to find out. and so, that sunday night we began to call around and investigate, talk to the kids and quickly were able to piece together that something had

happened. that next monday we called the santa clara county sheriff's office and they came down and met with us and let us know that they were starting an investigation and that something had happened, something terrible had happened. >> megyn: i know there are so many issues here, but a couple of the top two, bob, include whether she was sexually assaulted. whether the cyber bullying took place thereafter and whether the law needs change to stiffen the penalties for those to act. right now it's my understanding in california the legislature set a higher standard for prosecuting as adults, drunk minors that commit sexual assault on other minors. and ask you about the cyber bullying, some on the defense

are saying she wasn't cyber bullied, that it's one photo the boys didn't circulate, it was on their phone, and not circulated in media. >> and the one for the family the way that kids deal with these phones and cyber bullying and dangers caused by the device between their hands, understand the power and damage it can cause and whatever the camp for the boys say about the distribution, we do know in audrie's own words that in her mind, the whole school knew and whether the number is ten that saw the photograph or whatever, that's ten too many. this should have never been done. who knows how many people we are were talking about it. we can properly delve into the

mind of audrie, the poor girl was tormented. she felt everybody knew about it and that's why we're contending that this, the message was so vast. >> megyn: yes. let me jump in and tell the viewers what she wrote on her facebook page. she wrote, "worse day ever. the whole school knows. my life is like ruined now." you can hear in a teenage voice the devastation and you know, lisa, as her stepmom, you know, we were all 15-year-old girls once and the "i can never recover from this horror" is made a lot quicker when you're 15 years old and you think your friends know what's happened to you in a case like this. >> yes, absolutely. and the messages that we read, audrie kept referring to her life. my life is over. my life is ruined. it wasn't just her reputation, she already felt that her life was over, that severe in her

mind. and i want to clarify something you just said with the record to the perpetrato perpetrators. they were 100% sober, and they were not drinking at that party even though they might have provided the alcohol. >> sheila, i want to ask you, any contact, seven, eight months after the incident. the boys were arrested and they've been investigating, have you had any contact, you or larry and the young men, i appreciate the clarification, robert, they're young men, 16 years old. from them or their parents? >> none at all. >> megyn: wow. >> absolutely no attempt. >> no one has reached out to us to offer condolences or express an apology. >> the first attempt on behalf of any family of the boys after seven months was through a group of attorneys in a public statement. and what they chose to do is not to apologize or to express their condolences, this is a

family which has been waiting for over seven months to hear from someone from these families and the first thing he we heard was in the paper telling us that we're spreading inaccuracies about what has been portrayed and number two, they are vehemently denying that what they did had anything to do with what audrie did. that'sion reason why-- >> and let me read that statement to which you refer. >> apparently these are boys, young men, who are not accepting responsibility. it's the family's intention-- much of what you've reported the last several days, from the boys' attorneys, most disturbing to attempt to link audrie's suicide to the specific actions of these three boys, so they are denying, larry that their actions had anything to do with your daughter's death and i know you're going to pursue a wrongful death lawsuit

against these young men. your thoughts on their allegation that their behavior had nothing to do with your daughter's suicide. >> it's absolutely ridiculous. first and foremost that they admit to the actions they took, just like the report in the school newspaper. like robert said, whether it's ten people, three people, a hundred people, simple fact of the matter is our daughter was sexually assaulted. so-- >> and they documented their own crime. >> so, we stay sober, we assault your daughter, we take record of that, we spread it around, we humiliate her afterwards to try to quiet her, to try to quiet others through a campaign of fear and intimidation and now that our campaign has failed and we're arrested, oh, yeah, you know, those actions that we took, yeah, that's -- that happened, but had nothing to do with your daughter's death eight days later. that was just a coincidence.

>> preposterous. >> eight days, who knows what it could have been. there was another article written back when it happened that certain people were cited saying, who knows? who knows what happened? and this is after the bullying was out and so forth and so on. it's ridiculous that they would make that statement and that, like robert said, spinning over the top and sitting here seven months trying to piece together what had happened and the first information we get from their family is that there's no link between their actions and poor audrie's death. >> megyn: it's happening too often. without casting judgment on this case which has yet to be resolved in the legal system, we just saw the case in steubenville, ohio where a young girl was sexually assaulted by two football players who were convicted of rape. we saw a case out of canada a girl just hanged herself after she-- her parents say she was sexually assaulted and then

the cyber bullying again that followed, the celebration of the crime by the perpetrators, the alleged perpetrators which adds to the young girl's torment and i understand what you feel has happened in audrie's case. thank you all for being here. all the best to your family in the days and weeks and months ahead. >> thank you. >> thank you very much. >> megyn: a biography on the audrie pott foundation website notes that audrie was in the process of developing the ability to cope with the cruelty of this world, but had not quite figured it all out. much more on the story as we learn more details. also, coming up, what would be a city council to order a veterans group to take down a flag that's flown over military bases since 1775? we'll ask that vet group next right after this break. and will the jackson family lawsuit against the concert promoter end up answering the conspiracy theories about who is the biological father of

michael's children? he says he was their biological father. wait until you see what we found today in kelly's court. ♪ hey, it's sara. i'm going pro. i've been using crest pro-health for a week. my dentist said it was gonna help transform my mouth. [ male announcer ] go pro. for a clean that's up to four times better, try these crest pro-health products together. [ sara ] i've been using crest pro-health. so far...it feels different. [ male announcer ] crest pro-health protects not just some, but all these areas dentists check most. my mouth feels healthier. it feels cleaner. i think my dentist is gonna see the difference. [ male announcer ] go pro with crest pro-health. i don't think i'll ever go back to another product. see.

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>> well, a veterans group is now headed to court after being ordered to take down a flag. the flag known for the bright yellow background and "don't tread on me" message has been around since the revolutionary war. and some say it's got to come down because it has occasionally been used by tea party. the president of the united veterans memorial and patriotic association, he's at the center of this because you're the man who dared fly this flag underneath our american flag, and our navy,

marines, have been doing since 1775 and to this day continue to do. but the new rochelle city council sees it as a symbol of what? >> they see it as a symbol of some radical right wing tea party movement, which i am not-- belong to any of that. and the reason we put that flag there, because it's a naval militia armory, only a few in the country and probably one of the only few left in the country right now, and the marine corps train there. so, that's gaston flag was the first flag of the continental marine corps and the continental navy and that's the connection between that and the flag. >> megyn: they voted 5-2 to stop you from putting that flag up. 5-2. and what specifically did they tell you? >> well, they told me that that has a tea party message and they find it offensive and they didn't-- they took the flag down and confiscated it first and then had their vote of 5-2, which was what at their last council

meeting and at that point, we protested their decision to do that and we've been involved in this protest since then. >> megyn: now, reportedly, one council member compared the flag to the rainbow flagged used to symbolize gay pride and another compared it to the nazi flag, a mickey mouse flag, and graffiti. >> that's correct, when you try to educate them know that this was the first flag of the couldn't ten continental marine corps flag and-- >> their response was a lot of people died under the confederate flag. >> megyn: and since 1775-- >> the city council, definitely took a partisan vote. our group is diverse and we have a lot of people in the united states veterans

association of new rochelle. we're charged to take care of the monument and memorials around the city. i do the parade a 9/11 service, a veterans day affairs, a toys for tots at christmas time. >> megyn: nothing with politics, democrats and republicans alike and so on. >> yes. >> megyn: and now they've taken it down and say it's going to stay down filing a lawsuit? >> and the law center in ann arbor michigan stepped up and richard thompson an advocate for us, but we're waiting on word and the next move it to do that. the thing he we want from the city, we want that flag back on the pole and that's the end story for us. >> megyn: how do you like your chances? >> my chances i think are very good. i don't think their chances are good. >> megyn: do you think that's why it's going back up? >> we're waiting on it. i don't know, tell it to the marines. >> megyn: how do the vets feel? >> the vets around the city have been very supportive, around the county have been very supportive and around the

state right now in deer park, new york, they flew, they've raised the flag today. the gadsden flag today. >> megyn: keep us posted. >> i will, thanks for having me. >> megyn: stay around, we've got much more right after the break. or good decisions? ones i've made. ones we've all made. about marriage. children. money. about tomorrow. here's to good decisions. who matters most to you says the most about you. at massmutual we're owned by our policyowners, and they matter most to us. ready to plan for your family's future? we'll help you get there. the day building a play set begins with a surprise twinge of back pain... and a choice. take up to 4 advil in a day or 2 aleve for all day relief. [ male announcer ] that's handy. ♪

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>> a new book is shedding light on how one of the worst serial killers in american history was finally caught. charles cullen was busted in 2003 and confessed to killing 40 people while working for years pass a hospital nurse. investigators suspect he may be responsibility for the deaths of as many as 400 patients and now a new book claims he was taken down by one of his own co-workers. trace gallagher has the story, trace. >> trace: ill it happened over

a 16 years period at summit medical center in new jersey. you mentioned that he confess today 40 and they think it may be more than that and don't have the evidence to back it up. he's serving 17 life sentences and never revealed how he did it. but now the book, "the good nurse" has i.d.'d that confidential informant, amy was also a nurse at somerset and a confidante of the killer. she figured he was hand picking the victims, even if they were not his patients and going into the medical records and finding out which medications they were allergic do and pose add risk to the patient and then he would order the drugs and prepare these lethal cocktails for the patient and get this, the book claims he would prepare the medications for other nurses and let the other nurses administer the lethal results,

even if they were not his patients. cullen was killing people silently throughout the night and again, 40 confessions, megyn, never revealed how he did it. to this day we don't know, but the nurse says she finally figured out that she was going on-- they thought he was being helpful getting the drugs delivered and preparing these medications. instead he was silently killing at least dozens if not hundreds. >> megyn: oh, goodness. trace, thank you. and dramatic changes for men and women at the stop of our military. how about peer review on who is is naughty and who is nice? in a democracy? and the white house weighing in on the philadelphia trial of the abortion doctor accused of killing viable babies on the operating table. where was the oversight? muscle loss with exercise and ensure muscle health. i've got revigor. what's revigor? it's the amino acid metabolite, hmb to help rebuild muscle

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>> fox news alert. it's a possible big changes in the works for the men and women who run our armed services. welcome to a brand new hour of "america live" everyone, i'm megyn kelly. after a series of recent scandals involving high ranking officers, the military now wants generals and admirals to be evaluated by their peers. and the very folks they command. the new effort is being led by general martin dempsey, chairman of the joint chiefs. it's part of a broad overhaul in training and development programs for the military's top brass. are we now telling our commanders that being popular with the troops is more important than making good decisions?

pete from vet advance of america and tony schaeffer a retired army colonel and senior fellow at the advanced defense studies. and they say this is required because there's been some conduct issues at the top ranks and now what we really need is peer review, so, the folks who are not generals and admirals get to say, he's not a nice guy. he's not an ethical guy. he needs to go from four stars to three stars and so on. pete, your thoughts on this? >> well, the military faced a perception program. there haven't been more cases, just higher profile cases. perception is important at the officer class, but i don't know that the solution is giving, you know, captain hexa more input on what he thinks about general so-and-so. i want that general to see me as a tool on the battlefield to be used effectively to fight and win wars. i wonder what peer reviews

general macarthur and general patton would have gotten. we know they were capable of leading men on the battlefield. we don't want risk averse and everyone likes, are promoted and those maybe rough around the edges don't because they've ticked off people in a peer review. >> megyn: and the last you don't get to be an admiral, general or colonel like you, because you're effective. and sometimes being effective doesn't mean you're the nicest guy. >> a former chief staff of the army says the army's job is to win wars, that's the focus. the idea you should be effective on the battlefield to win the battles you are faced with. patton would not have survived a peer review, i'm sure. eisenhower who had problems with a -- you know, he slept with his driver kay somersby, in today's standards, the

generals were brilliant and absolutely able to do the best jobs in the country would not have survived. the idea they were going to peer review and thought if i like you, you must be good, is totally insane. we've got to get back and focus on measures of effectiveness not measures of performance. right now we perform to a standard, that may or may not achieve the requirements we need to win, but we've got step away from the whole idea we can somehow bring a negotiated process, a democracy to the military to think somehow it would be more effective and it simply won't.oe oprah winfrey. do we want general winfrey running the next war? there's a question about whether this is going to wind up with the most effective leader. tell what you the new york times has an interesting article quoting a professor at university of north carolina, chapel hill and specializes in military culture and thinks it's a great idea. quote, it will reduce what the military calls toxic leadership, elevating those who are highly competent, but

also fair and less brusk and preemptory. pete? >> i want brusk, i want brisk, i want harsh on the balancedfield. i want a decision-maker. someone who is going to calculate the risk and mitigate where he can, but take risks that will further our mission and advance ourselves toward victory. those are the types of leaders, i want. not someone who is going to put a finger in the wind, we've got enough of that in washington, enough politicians. we don't need politicians we need war fighters. we don't need more i am pediments between war fighters promoted as opposed to bureaucrat particular operators. >> it's not like a culture, if you could fall into line and march forward, that would be great, thank you for helping us out. they're not looking for that. but they talk about, a, we've had sexual misconduct and improprieties discovered in the military and talk, b, how some have been recently relieved of duty for

inappropriate leadership and judgment. >> this goes back to washington's army. the same thing happened there. part of the problem, we have not fired generals for incompetence since the vietnam war. in world war ii they would fire people not to be the best they could be to win the battles. right now my goodness, it's about perception, and if we do that more perception. we're on the path to warrior monks. people have frailties and they should not be show-shoppers. we make one mistake, you're out. and when general crystal was on the way back to get fired i said that night he shouldn't get fired and the ig agreed with me because of the things attributed to him were not. and that's the problem. the perception may be completely wrong of the reality and make bad decisions and create a toxic environment than more of the politically correct nonsense. >> megyn: and speaking of

politically incorrect, i should have called pete captain, but he comes on every week and-- >> everyone outranks me. >> megyn: not me. for a little more con he text let's take a look at numbers, since 2009, eight generals, one admirals and two lieutenant generals have been retired or forced out for sexual misconduct. sexuality violence and generals in modern day warfare become like rock stars and there needs to be a citizen's check on them or enlisted man check on them and that's what he's trying to accomplish. fox news alert right now. audrie pott's family is just getting started with that news conference we told, but. you can see the lawyer, she is the california teenager who hanged herself after three boys allegedly sexually assaulted her and then allegedly shared pictures of the incident with classmates. her parents expected to talk about how they learned about the sexual assault.

you heard some of that here moments ago. the boys involved, young men, and their reaction to what occurred. let's listen to the lawyer for a moment here. >> her next day was going to be at the next school dance. she was dealing with something as a 15-year-old that hardly any of us are capable of dealing with. the sexual sought was one thing. when it's committed by three people who you knew, these were friends, and then to be publicly humiliated and disgraced in front of the whole student body that was too much for this young girl to take. in audrie's facebook messages we find writings of a young girl who felt traumatized, humiliated and shamed by what they had done to her. lisa, her stepmother, will speak to those facebook messages. audrie, in her own words, names two of the young men by

name. and he she recognizanes what they did to her and said as a result of what they did to her, my life is ruined now. on the day of the tragedy, audrey called her mother to ask her to come pick her up at school and in her own words, i can't do this anymore, mom. please pick me up. audrie's mom sheila picked her up and when they got home, a tragedy occurred. there is more to this story and the parents deserve the answers. students at the school knew what happened. we now know today that at least ten students saw this photograph. where were they? i am urging parents, we as a group are urging parents to have a discussion with your

children. if there is any information you know about this horrible event and the aftermath of the distribution of not only a photograph, but defamatory words about audrey, please come forward, talk to these decorated police officers, our job is to find out the truth. it's important to note-- >> you see the family attorney who joined us moments ago with audrie's mom, dad and stepmother, urging anybody who knows anything about this alleged crime to speak out. in that video the family gave us of audrie in her younger girls, that tells the story. she looks like a happy young girl in the school play, in the musical, playing her instruments, on the horse. you just never think something so awful is going to happen to your child. he we all know about bullying and teen drinking in high school. since when did the risks of at that become a sexual assault on an unconscious girl and cyber bullying that would lead to a young girl to feel she

had no chance of recovery and her reputation, in her life and her happiness? they're just so tender at that age and i mean, i just don't know when we got to this point, where this is now somehow the norm? i mean, we've seen three cases in the past seven or eight months of this? we don't know. these boys claim that they're innocent of the alleged crime and this will play out now and it may have been soon and placed in the criminal justice department. right now as juveniles, her parents hope they'll be tried as adults. this is an ongoing problem in this society we need to take a closer look at. you've heard audrie's parents here breaking their silence the first time about an hour ago, and an exclusive interview that haired last hour and we're putting that right now online and it will be up, keep checking. it will be up momentarily and

hear from them in their first interview about their daughter's death. also coming up ahead, the white house just weighed in moments ago on this horrific trial. the philadelphia abortion doctor, that is being charitable, an abortion doctor performs a legal abortion. this doctor is accused of murdering viable babies who were born to their mothers on the operating table, with their mother's consent. where was the oversight and what is the white house saying about this? that's right when we come back. growing anger over new york city's decision to start charging a reservation fee for 9/11 memorial? what the victims families are now say about that. new questions today whether michael jackson's wrongful death lawsuit that brought by his family could wind up exposing the true paternity of the pop star's children. michael said he was their biological father, but now the

group that his family is suing says that's not the case. they know the actual identities of the fathers in question and will take up that issue today in kelly's court. ♪ we went out and asked people a simple question:

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>> this doctor who is accused of having, delivering some babies who were literally screaming and then beheading them, he's facing murder charges on that and that hasn't been, and the is the president having any reaction to situations alleged. >> the president is aware of this and two, the president does not take a position on an ongoing trial. so, i won't as well. >> certainly, the things that you hear and read about this

case are unfollowing, but i can't comment further on an ongoing legal proceeding. >> unsettling. you can say that again. the breaking news there from the white house in just the last hour as our own ed henry asks the administration to weigh in for what we believe will be the first time on a murder trial involving a philadelphia abortion clinic. more like murder clinic. and that's not a judgment on abortion or pro choice or pro-life. this man, this so-called doctor is accused of murdering, born-alive babies. and the horror that allegedly went inside with quote, dr. kermit gosnell accused of killing at least seven babies and a female adult patient in 2009. most of the details are too horrific to get into in any detail here, but one of the questions that demands more attention is where were the state and federal officials that should or could have been checking on this clinic?

or was politics at play here? kirsten power at the daily beast and fox news contributor and the only one i know has been demanding the media pay attention, you were on the program friday and talking "the washington post" health reporter sarah kliff hasn't been covering it, oh, it's a local crime story and now "the washington post" over the weekend says we were wrong not to send someone and now we will. credit to them for admitting. >> absolutely. >> megyn: their own nonfeasance in the case. but i want to ask that question. as we learn more what the doctor is doing, forget the seven he's charged with. we've had witnesses testimony hundreds of born alive babies who were murdered. not all of those are being charged, but how, how did it go on for so long? >> yeah, well, and also, you remember the women -- there

were a deaths of a few women, but a lot of of women ended up in the emergency room at university of pennsylvania which was very close by and you know, still it was never really reported, even though everyone in the community knew what was going on there. if you read the grand jury report, this was not an issue of people not knowing what was going on, in fact, the grand jury concluded it wasn't an accident that he wasn't shut down, it was quote, by design, that it was a political decision by the pro choice republicans governor tom ridge's administration that if they-- there were regulations on the book that had been enforced under the pro-life democrat, bob casey, that it would restrict access, and ignored repeated complaints going on in the clinic, not just to the babies, but to the women and it was a horror show for the women in there, even the ones

that weren't killed. they were often really butchered, just, i won't-- like i said, it's very graphic what happened to a lot of these women and the descriptions of what you saw when you went in there. so, it was just unbelievable lapse of regulatory oversight, but it wasn't an accident. >> megyn: and just to put a period on what you said, a health department official said in grand jury testimony that health department lawyers changed their legal opinions and advice to suit the policy preferences of different governors n this case she he said the state did not want to be, quote, putting a barrier up to women who wanted abortions and we're not talking again, about abortions in the early part of a pregnancy. 24 weeks, 30 weeks, 30 weeks, these infants were born alive and there is testimony after testimony of this doctor and his associates murdering those live babies on the table and people knew. people knew, the department of health decided not to do

anything about it. >> yes. there were so many complaints about what was going on there, and it's just, it's absolutely just not a question. and it's not even up for debate whether they knew it. they said, you have people under testimony and in fact, one of the health department officials under testimony when pressed about it, why didn't you do anything about it and i'm quoting, people die. >> megyn: you know, it wasn't, as we understand it, until the current governor came in over the past year or so and said we're going to start resuming these inspections of these so-called health clinics and some are, some are health clinics in which abortions are performed and some, scarily, bear more resemblance to this clinic, perhaps, they're looking into this. governor ed rendell said there wasn't a lack of oversight by health officials-- i mean, he says there weren't any politics involved here, it was just a lack of oversight by health officials and ignores the question whether

the two things are linked, the lack of oversight as a result of politics. >> i mean, this is not what the grand jury concluded and i recommend this report to people and it's very readable and they say at the outset, this is not a debate about abortion, and there were people on the grand jury who were pro-abortion rights and people who were anti-abortion rights. that's not what this is about. there is no question, i mean, page after page after page of just the most unbelievable testimony about how the government ignored complaints, even when a woman died, they never sent anybody to investigate. ed rendell is 100% wrong.ean, a wrong of the motivations. it was being inspected under the pro-life democratic governor and then-- >> got to run against a hard

break and tell that the state lawyer testified to the grand jury, officials were concerned abortion clinics wouldn't meet the inspection standards and then there would be less abortion facilities. kirsten, thank you for calling attention to this. we'll have you back. >> thank you, megyn, see you soon. >> megyn: don't go away, we've got much more after the break.

>> well, three rides at disneyland, temporarily closed over the weekend, after being hit with safety violations. and said that voluntarily closed space mountain as well as the matterhorn and bob sleds over california so it could review the safety recall. citations in november while a maintenance workering was

performing maintenance on the exterior of space mountain, and they said that disney never fixed the problem. details of how a notorious terrorist locked away for life spread his message of hate. and the so-called blind sheik of the 1993 world trade center bombing an attack that injured a thousand hours in manhattan and killed six. he's supposed to be locked away in a prison in north carolina, he's seen more and more online these days. how can that be? trace has the story. >> trace: the blind sheik is locked away in solitary confinement and has no internet access and almost no contact. but in the social media world he's becoming popular, and his sons in egypt are now reportedly operating his youtube account, as well as his twitter account and facebook page and he has

thousands and thousands and thousands of followers. they're using these outlets to keep omar abdul rahman, also known as the blind sheik, to keep his followers to his islamic teachings and continued endorsement of harming americans overseas. now, the websites include updates on the blind sheik as well as his terror group which is new, as many know, part of egypt's governing coalition. the sites are run from egypt, but they are run through a server in chicago. that company has not yet commented on running this through their servers. apparently nothing the feds can do to shut this down. now, remember the sheik's former defense attorney was convicted of passing messages from the blind sheik to his terror group and that attorney is serving a ten-year prison sentence and the fed says on top of the world trade center that he has also planning to bomb the george washington bridge as well as the lincoln tunnel, megyn and now the blind sheik is a hit online.

>> wow, all right. trace, thank you. well, late last week, the white house released president obama's tax returns, showing the first couple ended up with a tax rate around 18% last year. and up next, why some folks think this looks very bad for the white house, especially in light of what president obama was saying about mitt romney and his tax rates. plus, explosive new suggestions that the late michael jackson did not father all three of his children and that the entity being sued for michael jackson's death is going to prove it in court. and take up the case in kelly's court, and who they are claiming is at least one of the fathers. ♪ change makes people nervous.

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anncr: and many of the tornado's victims are... without homes tonight. girl: first, i saw it on cable. then i read about it online.

i found out how to help. i downloaded the info. i spoke up... and told my friends... and they told their friends... and together, we made a difference. anncr: and tornado relief has been pouring in from... across the country. girl: we might be hundreds of miles apart... but because we're connected, it's like we're all neighbors. >> well, we've got new developments with the manhunt in texas where authorities are investigating the death of two texas prosecutors and now are questioning a former justice of the peace. 46-year-old eric williams was arrested on the charge of making a terroristic threat after he was linked to threatening e-mails. two prosecutors who were killed put williams on trial last year for theft. he was found guilty. over the weekend, investigators searched his home and storage facility and they reportedly found 20 guns.

williams has denied killing district attorney mike mcclellan and wife cynthia, gunned down two months after the murder of the other prosecutor involved in the theft trial. oh, joy, today is tax day, in case you hadn't remembered. and just before the weekend, the white house released president obama's tax returns. the president and first lady filed jointly and the obamas earned more than $600,000 last year. the first couple paid just over 112,000 in federal tax and that means that the president's effective federal income tax rate for 2012 was 18.4%. well, the first family appears to have followed all the rules and some critics are suggesting they have created an image pro sem in the process and that they look hypocritical, given their criticism of the rich, paying these low tax rates. joining me now to discuss it

simon rosenburg, president and founder of ndn and campaign manager. and an author of the book "bullies", so, that's the criticism, that he was so upset about, you know, these low tax rates for the rich and you know, 18%, not that high a federal tax rate. he wants millionaires to pay at least 30% and ben, your thoughts on it. >> a president who based his entire tax policy on fairness, it doesn't seem fair or in accordance with his idea the best kind of spending is government stimulus. about 40% of president obama's gross income came from private sources that's not real stimulus. we should tax that at 100% and pay it back in the form of a government salary and presumably we'd be stimulating the economy. >> megyn: what do you make of it, simon, he went on and on about mitt romney's tax rate

in the teens. he also paid a federal tax rate in the teens. >> i think that the critique that the president made in 2012 was about a period of american history and republican economic policies that saw very rich people doing very well and everybody else falling behind and mitt romney, he argued, represented this kind of selfishness of the rich and their inability to really focus on, and the republican party's inability to focus on the struggle of the everyday people. that was the critique. the second was, one of the reasons that romney's taxes were so low, he sealeded hielde around the world and he only released one year. >> megyn: last year he paid 20.5%, he hasn't taken a whole lot of percentages. >> and he's argued that's wrong and he wants to change the system and make it more-- >> oh, well.

>> that's the core much the obama argument. >> megyn: ben, let me ask you, as i i recall, the president did make a fairly big deal out of mitt romney's tax rate or 14% or under 15% and went that specific point many times and here is a sound bite in which president obama did that last september. >> governor romney said he thought was for someone making 20 million dollars a year like him to pay a lower tax rate than a cop or a teacher, or somebody working over at one of the casinos that's making 50,000. now, i don't think that's fa fair. >> megyn: hypocrisy? >> absolutely. i mean, look, this is the party president. this is the guy who says that he's for the common man and somebody who believes in the common man, but when it comes down to it he's enjoying cyndi lauper howling her lungs out at the white house on the taxpayers' dime. i'm happy to pay my taxes and most people in the country are happy to pay the taxes although they don't enjoy it,

while i'm paying for his golf vacations and he's paying a 18% tax rate. it's hypocritical for this president to take the position that rich people aren't paying their fair share and he makes a pr move i'm giving back 5% of my salary back to the federal government, that amounted to $20,000. if you had assay 21% tax rate than 18%, you wouldn't have to sacrifice that $20,000 with your 5% salary and paid your fair share. >> megyn: does it undermine his argument, simon, it's so wrong and unfair. i do it, but you know, i object. >> no, i think it actually reinforces his argument, which is that he says the tax system in the united states is skewed against regular working people, even a guy like me. he said this during a campaign. even a guy like me, my tax rate is too low. people like me should be paying more because we can afford it. i think it reinforces the core

argument that obama is making that we need an economic strategy for the country that's more focused on struggle of everyday people and i think that's what the presidency is about and i think that the republicans are counter to that have lost their way. i wish ronald reagan could come back he got up every day worrying about everyday people and i don't think that's been true of the republican party in recent years and one of the reasons they've been losing elections again and again. >> megyn: if he feels so bad why did he take the charitable deductions. he gave over 150,000 in charity. if he thinks it's so wrong, why did he take those? >> megyn, i think-- >> and cut-- >> i'll give it back to ben after simon. >> and i think it's reasonable to expect them to pay, that's what mitt romney said. >> megyn: and you agree with na now? >> no, no, i agree with the point that he's making that no one should pay more, but that doesn't mean that the tax system is fair and equitiable, they're not the same thing. >> megyn: go ahead, ben.

>> this is a president whose recovery has been the least equitiable, according to robert rush, an obama guy and clinton guy. and taking every deduction under the sun. he should be arguing for tax fairness like arguing that o.j. simpson should be the lead advocate against murder. >> megyn: well, just for a little context here, the president had adjusted gross income $608,000 and he gave $150,000 to charity. vice-president biden, adjusted growth income. 385,000, and $7,000 to charity and this has been a theme on which o'reilly has been going off on the vice-president for the charitable he donations or lack thereof. you want to comment. >> the reason you know about this is because they release their tax rusheturns, right? mitt romney refused-- >> they're in office. that doesn't matter. he wanted to be president of the united states question he had done shady

things and illegal things to avoid american tax rates was legitimate area of inquiry in the last election. >> megyn: what do you make on my point of today's news of his $385,000 adjusted gross income, the bidens both of them gave $7,000 to charity? >> i have no opinion about whether or not any individual who makes decisions about what they're going to give away and what they're going to keep, it's up to them and private decision. >> of course it is. >> and it doesn't stop us from commenting on it. >> and live with the consequences. >> ben, your thoughts. >> the real hypocrite is not joe biden who thinks every dollar he pace is patriotic. the hypocrite is president obama if he want today help the economy and working american, that 20% of his money he paid to charity should have handed it over and said to the department of treasury to redistribute in accordance with principles of the fairness.

>> megyn: and bidens must not watch o'reilly because he railed on them for almost doing nothing the year before and now here it is again. simon and ben, thank you both. >> i'm willing to bet that joe biden doesn't watch the o'reilly factor. >> megyn: i'm not betting you on that. i'm on your side. all right, guys. a federal income tax reaches a milestone, 2013 marks the 100 anniversary and some people are the not celebrating. it takes the american taxpayer 13 hours to prepare his taxes when you take time to gather the receipts, read the rules, fill out the forms the irs requires and then go redo it once you realize you screwed it up. and more than 140 million personal tax filings are expected of those, some 2.7 million will contain mistakes. been there. coming up next, will the wrongful death lawsuits that michael jackson's family has brought against the concert

promoter behind his "this is it" tour solve a mystery surrounding the pop star's family? kelly's court takes up the issue of paternity of his children which just now found itself center stage in this case next. ♪ [ male announcer ] this is kevin.

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>> kelly's court extensively on the docket today. the multi-billion dollar legal battle, one that could contain a thriller of a revelation about the self-proclaimed king of pop and his family. it all centers on the wrongful death lawsuit brought by jackson's mother and his three children against aeg, the concert promoter behind the ill-fated "this is it" tour. now sources within aeg claim that jackson did not really father all three of his

children and aeg is apparently prepared to show evidence that only blanket, his youngest child was his child by logically. can this come in? joining me lis wiehl, and mark eiglarsh, a former prosecutor and defense attorney. the judge in this case said no, it can't come in. and aeg's attorneys are reportedly mab trying to get it in when it comes to damages, why, mark? this is relevant how? >> well, the lawsuit is brought by the next of kin, by his alleged children and perhaps they're not his children. but megyn, i also think this litigation stuff is dirty. when you're talking 40 billion dollars as what they're suing over potentially, i think they're going to try to open the door in the actual case itself. even though the judge ruled it's not admissible. when somebody takes the

witness stand and vouches for the veracity of michael jackson or vouches that he's always telling the truth about things, i think aeg is going to try to get it in. >> megyn: new york post is saying an aeg source says that a lot that the family is not coming forth with. the drug use and identity of children and use it to show the family wasn't communicating and you can't believe anything you say. >> completely irrelevant, absolutely to the case, both to the case in chief and to the awards part of this case, whether it's one kid or the mother that's still alive, the award is going to be awarded. it doesn't matter how many kids he actually sired so there's irrelevant there. and you're telling me he that aeg did not know that michael jackson had a drinking problem and a drug problem? really? really? and you have e-mails which are

the smoking guns for the jackson. main guy says remind murray that it's aeg not mj, michael jackson who is playing his salary and what is expected of them. >> megyn: they've moved on from that now, according to the post they are prepared to offer irrefutable proof that michael jackson did not sire prince and paris the two oldest children, but only the youngest blanket. and you look at them next to each other, he had so much plastic surgeon-- but the youngest child he does look like michael jackson, but now according to reports this there are several people claiming paternity. other two children, including, weirdly, mark, something didn't know, a former child actor mark lester and claims he may have fathered the daughter mark lester. you know who he is, when he started. >> please, sir, i want a

paternity test. >> megyn: exactly. here he is as an adult. and show him an as a child with his split screen next to the daughter, paris, this may refresh our viewer's memory because he came to fame playing oliver and apparently this guy is ready to claim paternity of her, i don't know how and then the singer, michael jackson's former doctor michael klein and-- >> i tell you, megyn, i'll tell you how. in the interest of disclosure, i did play oliver in the high school play. not relevant, but my parents will enjoy that. this guy is claiming that michael jackson who he's been friends with since the early '80s and the godfather of his children asked him for sperm and apparently another witness will say that michael jackson came to him and said, you know, i'm going to need some help fathering these children and apparently the explanations, he didn't have good relationships with people and concerned about the skin color, things like that and this guy, oliver, formerly oliver twist, lester, says, okay and he gave a sample of

sperm, he's not certain whether he's the father, but he did give a sample. >> megyn: isn't the timing interesting, megyn and mark here, that jackson has been dead since 2009 this is happening why? because there's he a 40 billion dollar lawsuit out there and that's why the people are coming forward, now, money. >> megyn: they're trying to raise the stakes on these three children who now they're going to throw into the court proceeding or try to. he was-- he wasn't even your father, and it sounds like this judge is getting ready to say no to that, lis. >> right. >> megyn: and yet, could there be a back doorway of getting this in? >> i don't see how. >> yes. >> mark, the judge ruled it's not admissible, if the lawyers try to get it in they're going to be slapped down by this judge. >> he doesn't know the defense, listen, conrad murray is responsible for michael jackson's death and also, michael jackson also in part to blame for his death and the credibility is greatly in

question. >> the theory here is negligent hiring, the theory on the part. whether he sired one kid or ten kids and-- >> a means to embarrass the jackson family, but we'll see how it plays out in court. oliver twist, who knew. and within budget. angie's list members can tell you which provider is the best in town. you'll find reviews on everything from home repair to healthcare. now that we're expecting, i like the fact that i can go onto angie's list and look for pediatricians. the service providers that i've found on angie's list actually have blown me away. join today and find out why over 1 million members count on angie's list. angie's list -- reviews you can trust.

>> may be free for the national september 11th memorial in new york city but a new service fee went into effect that's spark outrage among some of those who lost family in the attack. >> seven million people have visited the memorial.

passes are still free unless you make an advance reservation, then the passes are two dollars each. many say it's a bargain and the president of the memorial say it's a necessity saying this thing has $16 million a year in operating costs. he says, and i'm quoting here, like other institutions, in order to support the operational needed of the 9/11 memorial we have implemented a century fay fee solely for advance reservations. visitors may visit without enduring a fee but family members say the fees site late the memorial's mission. here's man who lost his firefighter son. >> it's another example of them making this a revenue-generating tourist attraction rather than a memorial. it should be free. >> making money off of people who died. we should note the september 11th museum is still under construction because there's some funding issues between the foundation and the

new york, new jersey port authority which owns all the land, and when the museum opens, it's still very unclear, there's a very good chance it, too, could have a fee for everybody. just to get inside the door. >> thank you. new developments out of north korea today as the country celebrates the birthday of its founder. we'll go live next. korean peninsula next. okay, team! after age 40, we can start losing muscle --

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