bill: big packed day. we'll see what we get tomorrow. i think tomorrow is friday isn't it? martha: i thought it was friday about three times this week. i'll take your word for it. "happening now" starts right now. see you tomorrow, everybody, have a good one. jon: yes, bill it is friday tomorrow. brand-new stories and breaking news. jenna: new developments in california as a manhunt expands for the killer of an 8-year-old little girl. the latest on that. also a new request of the president not nor new laws but for more leadership. we'll speak to one writer who says america is getting something else from the commander and chief. plus, why one of two teen hikers rescued from the california wilderness could now be facing jail time. a twist to the story. it's all "happening now." one of our lead headlines today the fbi asking for help from the public in its hunt for three people who may be connected to the terror attack on our consulate in benghazi.

glad you're with us, everybody, i'm jenna lee. jon: the story keeps changing by the moment it seems. i'm jon scott. more than seven months after that dead here le here assault so far no arrests have been made. the feds say they are looking for three men me believe were on the ground of the compound during the attack and can help move the investigation forward. they've released these somewhat grainy images hoping someone will be able to help identify the men in these pictures. mean time, more of our fox news exclusive interview with a special operator who watched the attack unfold in realtime, and says the fbi knows exactly who orchestrated the attack but is sitting on the information. adam house here live with that from los angeles. adam. >> reporter: yeah, jon he's not just blaming the tphaoeub he's blaming a multitude of things and a lot of it had to to with the way the fbi works with the state department and military as well. he does note, i smoke to him after the pictures came out yesterday,er does note the coincidence those picks came out just hours after our report where he talked about how this mastermind was still walking

free. meantime what this is about today our third and final part of the series is the break down in communication between the state department and military and that was accentuated on the night the benghazi attacks hit in libya. >> what difference at this point does it make? >> reporter: the lack of action in benghazi makes a big difference to multiple sources on the ground that night and others who witnessed the events unfold. >> they had no plan, they had no contingency plans for what if this happens. and that's the problem that the state department is going to face in the future. they are dealing with more possible till regions, hostile countries. this attack is going to happen again. >> reporter: our source who was monitoring the events in benghazi in realtime reveals a lack of reaction by the u.s. state department, pentagon, and the white house on the night four americans were killed. he suggests more could have been done to save lives and asks, were multiple security warnings i can tornado?

ignored? this is the reason given by then secretary of tkefbs leon panetta. >> you don't deploy forcers into harm's way without knowing what is going on, without having some realtime information. >> i could see the initial confusion in the beginning, you know, you have a situation that is developing. the problem with state department is they don't have those procedures in place. >> reporter: we're also told by multiple sources that shortly after the attack began around 9:40pm special forcers put out a call sign for all available assets, military and otherwise in the vicinity to be moved into position to help. >> the special operations gave the call sign? >> yes. >> but they did not move. >> assets did not move. >> reporter: four american lives were lost that night and six others injured? my whole reason for sitting in this seat, if this could get somebody off their butt to poke somebody in the chest to make a decision for my guys to do their job and to finish their job,

then i kind of feel like i've done my work here. >> reporter: also we've learned that the person in charge of security that night in benghazi would have been the ambassador himself. once his distress button was pushed it falls to his deputy. his deputy was not in country which means it reverts back to the state department and directly to hillary clinton as well as the undersecretary patrick kennedy who we are told was in the operations center that night monitoring some of the calls coming in. more questions to go along with some of the other questions. we are getting some answers. this is the first source, weave talked to a number, the first one in toronto of a camera and it took incredible courage to do so, jon. jon: adam housley reporting. great work there from los angeles. thank you. jenna: right now in california a manhunt for the killer of an 8-year-old little girl. layla fowler was stabbed to death in her home over the weekend. there is no suspect, no motive yet. but police are looking into whether a man charged with an attempted kidnapping in the same region could be connected to the case. though right now investigators are calling this a shot in the

dark. claudia cowan is live from san francisco with more. >> reporter: according to investigators it's most likely a bizarre coincidence that another attack on a little girl happened so close to where layla fowler was stabbed to death last saturday. the kidnapping attempt happened in placerville, 45 miles there layla's home in valley springs. they are rural and low crime areas east of sacramento. police say on tuesday morning 42-year-old jason wayrine forced himself into an apartment and tried to steal a 15-month-old daughter saying he was under the devil's orders to kill the baby. the description of the suspect in layla's murder included long i shall fray hair. there are more differences than similarities. phreut took a dna sample to rule him out which they've all of done today. the manhunt continues, the search for layla's killer, and authorities are following up on

more than 300 tips. they are also now getting additional resources from the fbi. >> we are briefing them on our case so far, giving them the information we have developed. they are reviewing it and i cannot comment on it any further at this time on what aspect if any they'll be taking in assisting us with this investigation. >> reporter: nearly a week after layla was murdered funeral arrangements are still pending, and her home remains a crime scene, suggesting investigators are still going through every inch of it looking for clues, along with fingerprints, and dna evidence. authorities are onl analyzing several knives found inside the home, one of which they say could be the murder weapon. jenna: claudia cowan live in san francisco. thank you. jon: right now a new call for presidential leadership. it's coming from the pages of the "wall street journal." are daniel hennin skwrer rights the u.s. and the world are only four months into mr. obama's additional 48 live month tenure

as american president. the u.s. and the world are at the edge of political and economic instability. what is needed now is u.s. presidential leadership. what it looks like we and the world are getting instead is presidential follower ship, or worst presidential lee induced confusion. daniel henninger, the editor of the "wall street journal" is the man who wrote these words. he joins us now. this started at least if i'm reading your column correctly with the question that jonathan article from abc news asked the president. way -pbt to replay it for the viewers in case they didn't see it and get your reaction. >> mr. president you are a hundred days into your second term, on the gun bill you put it seems everything into it to try to get it passed, obviousliette didn't. congress has ignored your efforts to try to get them to undue these sequester cuts. there was even a bill that you threatened to veto that got 92 democrats in the house voting yes. my question to you is do you

still have the juice to get the rest of your agenda through this congress. >> if you put it that way jonathan, maybe i should just pack up and go home, golly. you know, i think it's a little -- as mark twain said, rumors of my demise may be a little exaggerated at this point. jon: what do you think of that question and that answer? >> reporter: well, i think the question put its finger on a problem that by and large people around washington are talk being about the president having, whether his agenda is trouble, whether he's lost his mojo. the issue i'm raising here is presidential leadership. two things, gun control which the reporter just talked about, and the first question he was asked bid henry at fox which was syria. the president has said if they use chemical weapons in syria they will be crossing a red line. that will be a game-changer. gun control after newtown the president raises the issue of passing a gun control act, insists that this is going to be

done. in both instances come crunch time, when you really want the president engaged in leading to get done what he promised would get done, he wasn't there. he didn't twist arms to get the gun registration bill legislation passed, and then when they asked him about syria, after three nations have established that chemical weapons had been used he says, we have a united nations investigation going on, we have to get the international community engaged. that is not leadership, that is follower ship. jon: the press was kind of falling all over itself to, you know, to worship him really in his first term. if the white house press corp is expressing doubt about this president's leadership, what is bashar al-assad doing? >> well, you know the white house press corp is about a lot of things, they are about presidential politics but they are also about the substance of policy that the country is trying to deal with. and i think in the first term barack obama was by and large

politician and chief. he's manipulated politics so it would benefit him and he got himself reelected. now he's a second-term president, and i think second-term presidencies tend to be about completing what you wanted to get done and doing it on behalf of the entire country. the problem for barack obama is because he is so political he has really divided the country down the middle. what you need to pull over the people who had opposed him to support i think his agenda is reaching out not just to republicans but to the entire country, and that takes leadership rather than as i say being politician in chief. jon: talking about two-term presidents there was a four-term president, franklin dell del delano rows volt and you say this president has talked about himself like that. >> presidents cannot keep the world as arm's length.

barack obama is trying to prevent himself from getting entangled in anything whether it's syria, the middle east or north korea. as fdr discovered, bill clinton, george w. bush. enrich adder nixon, the president of the united states has got to be engaged in the affairs of the world or the world begins to become destabilized. jon: that's why in syria red lines become a little fuzzy? >> red lines become a little fuzzy. i don't think the argument here is that the united states has to, you know, get involved in syria with troops on the ground, but i think the united states has to be more heavily involved in what is going on in syria and in the mideast right now than we have been so far because the region is beginning to spin out of control. jon: daniel henninger,ed toker kwral page editor at the "wall street journal." thank you. jenna: it was known as a might nare cruise. passengers on the carnival triumph strand -d for 0 days without power and food shortages

and toilets that don't work. what is next for the industry? we are live with that story coming up. plus an armed robbery suspect messing with the wrong guy, and it's all caught on tape. i'm over the hill.

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jenna: you'd think there would be rough seas ahead for the cruise industry especially after the nightmare conditions passengers on carnival's triumph had to endure a few months back. you remember the stories, the ship lost power leaving passengers without working toilets, food short anales forcing them to dine on onion sandwiches among other things, and that wasn't the only recent cruise ship disaster, but still the industry sails on and surprisingly it's doing quite well. phil keating is live in port canaveral florida with more on this. what is the cruise industry doing that is keeping passengers coming back?

>> reporter: spending billions of dollars not only on pr, but also on ship upgrades for the ten thousand or so passengers in the process of arriving here at port canaveral in florida today. sadly enough it's a rainy and not no sunny day. but there are certainly bars and restaurants inside the ship to help them get along. three cruise ships in port today, the disney sheufp as well aship as well as the two carnival behind it. last year about 20 million passengers went on cruise ships despite the well publicized very negative cruises. new ships always do well attracting more people and royal caribbean has got one the quantum of the seas called a game-changer in the industry, it debuts next year. port canaveral will be a leg stop for it. more waoepblg january's break ale way debuts next tuesday. and they are reporting a 62%

increase in this quarter over last year. and carnival holding steady in the first quarter, that despite the problem cruises and even higher, better than expected by a lot of the industry leaders. bargain ticket prices right now as low as 75 bucks a night also attracting the masses. all of this despite the succession of cruises from hell like february's carnival try ufpl -p. the costa concordia in italy and a fire on the coast of allegra. carnival owns all those ships and is promising to spend millions of dollars. jay rockefeller remains critical of the industry saying quote when a passenger boards a ship they have an expectation that their vacation will be safe and comfortable. it's unfortunate that it has taken a series of terrible cruise line failures and the scrutiny that followed for carnival to respond with some

improvements or safety. now as far as the passenger bill of rights that senator charles schumer of new york would like to see applicable to cruisers, similar to that for airline passengers, well, that remains just a concept at this point, unlike the airline passenger's bill of rights it is not yet a law. jenna. jenna: we talked to some of the try ufpl -p passenger triumph passengers after they got off the ship and they said they wouldn't have a problem getting back on. >> 60% of all cruise passengers, 60% of repeat passengers. the growth market right now that the industry is focusing on are the first-time cruisers. every time you see one of those cruises from hell on tv sometimes they are a little more hesitant. but the cruise passengers we spoke with, they are not hesitant at all. they love it. jenna: we did notice that you're doing this report from shore, by the way, phil, not on one of those ships. >> reporter: yeah.

jenna: just for the record. >> reporter: i'm still getting wet. jenna: you've got to get inside. phil keating live for us from florida. thank you. jon: and the passengers will get right back on after they cleaned the thing, right. jenna: right, not immediately, when it's ready to sail. jon: she said it was just one of those nights. two weeks abg the oscar winner and her husband landed in jail, well reese witherspoon is opening up now about the bad behavior that got her arrested. plus, new questions about who knew what and when they knew it as three pals of one of the boston terror suspects are arrested and charged with serious crimes in connection with those attacks. money, and i avoid frustration. you'll find reviews on home repair to healthcare written by people just like you. you want to be sure the money you're about to spend is money well spent. angie's list -- reviews you can trust.

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jon: reese witherspoon opening up this morning about the behavior that got her arrested. police charged the oscar winner with disorder early conduct and her husband with a du risker two weeks ago after pulling them rick folbaum has the story. >> reporter: reese witherspoon was on good morning america where she talked to george stephanopoulos. her and her husband were pulled over in atlanta a couple of weeks abg, toth was behind the wheel swerving a bit. once police determined that he was drunk and began arresting him witherspoon jumped out from the passenger side and asked police if they knew what she was a celebrity. do you know what my name is? you're about to find out she said. she was told to get back in the car twice but she refused leading to her own arrest. we went out to dinner in atlanta, and we had one too many glasses of wine, we thought we were nine to drive and we absolutely were not.

and it's just completely unacceptable and we are so sorry and embarrassed, and we know better, and we shouldn't have done that. i saw him arresting my husband and i literally panicked, and i said all kind of crazy things. i told him i was pregnant, i'm not pregnant. i said, crazy things. and if you -- you hear me laughing because i have no idea what i was talking about. i am so sorry, i was so disrespectful to him. i have police officers in my family, i work with police officers every day, i know better and it's just unacceptable. when a police officer tells you to stay in the car, you stay in the car. i learned that for sure. you know, i think i've played a lawyer in a movie so many times i think i am a lawyer, and clearly i'm not a lawyer, because i got arrested. jon: both weather spoon and her husband have a court date later on this month. she's already been in touch with the police in atlanta to once again apologize for her behavior. back to you. jon: give her points for the mea

culpa, but maybe two, too many glasses of wine or three, what do you think? >> reporter: it sounds that way. jon: rick folbaum thank you. jenna: new information in the boston marathon bombing investigation. we are learning more about the three friends of the suspected terrorists dzhokhar tsarnaev who police say tried to destroy evidence to protect him. one of them is charged with lying to investigators, the other two pictured here with the younger brother, that is dzhokhar in times square are charged with conspiring to obstruct justice. scott webber served as a senior courage to former secretary of homeland security michael chertoff. pretty serious charges. what do you make of those? >> it's disturb eurpb disturbing in light of the press attention and photos released and these three students realize very quickly that their friend is one of the primary suspects. instead of reaching out to the authorities, what do they do, they reach out to their friend and then ultimately it appears that they help destroy evidence, or try to.

jenna: the narrative that seems to have emerged may be in part from the defense lawyers for these young men is that these are just young guys panicking when they see a friend of theirs on tv and they acted to protect their friend. what do you think about that. >> i know one of the lawyers, i've known him for 20-plus years, we worked for the same judge over two decades to say. he is a very capable lawyer e. has a tough job ahead of him. it appears to be more than young indent students who didn't know what they were doing. there appear from the complaint to be calculated actions by these three young men to try and destroy the evidence and help their friend because they were afraid he was going to get in trouble. jenna: what is going to be crucial to nothing whether or not they were involved before the event? >> to the extent that they are going to talk any store to th more to the feds. there were some interviews beforehand on the immigration issues. i don't know if they are going to clam up now or maybe in the context of working out a plea deal. i think the circle of influence

for dzhokhar, who else he hung out with, who else he associated with will be very important to loren about. jenna: do you think there will be more arrests? >> its ao pure speculation. one of of the things that skwrupld outhat jumped out of me when you read the criminal complaint is dzhokhar's roommate was in the room when the three young men came in to collect the backpack p and vaseline. i wonder where he stands in all of this. the female dna, the tkpwofpd government is working on. there is the older brother's wife. i don't think the story is done yet. jenna: one of the questions that manies could up with regard to the two young men is how they were able to come back into the count we when their visa was expired. i just renewed my passport. of it wasn't an easy thing to do. i imagine in it was wrong i wouldn't be able to leave the country. how did that happen that it is expired and they are allowed in. >> there is so much data that exeubs exists and the

government has to sift through all the data. the visa was eubgs period when one of the defendants came back into the country. they should have never let him in. there is clearly some other roads that the government needs to go down to find out why that happened. >> to you think that the department of homeland security and other agencies have gown too big. i'm looking at statistics after 9/11, we went from not having an agency for the department of homeland security to having nearly 200,000 employees. the employees obviously haven't in this case, particularly shown to be more effective, although to your point, sometimes these things happen and that's part of reality. >> the problem, jenna is government is slow to move to change, and i keep hammering on this but it's really important, data, data, data, technology, technology, technology. lock at umar farouk abdul-mutullab the underwear bomber we couldn't connect the d dothe dots then.

before the bombing, with the older brother, and after the bombing there was contact between dzhokhar and the three boys and texting going on. the government has to be more proactive and leverage off of open source, and we are not using of it as we should. jenna: it's there for us. all right, scott, great to have you as always. jon: chris stirewalt says some of the mistakes made in those arrests yesterday, that led up to the arrests yesterday could affect the immigration debate in this country. check that out. fox news.com his power play column. wild weather across the country this spring day from snow and lots of it, to flooding fears, and even wind-whipped wildfires. we are live at the fox weather center with some strange goings on. new controversy over the morning-after-pill, what the justice department is doing now, and why some women's groups are up in arms. a live report next. are everywhere these days.

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jenna: "happening now", in new york city, an event that really has national implications as well. what you're seeing on your screen right there is the spire that is being put on top of one world trade center. i think we're making that okay, jon. kind of an awkward shot. we're looking into downtown manhattan on the spire on top of one world trade center was supposed to go up on monday but because of some weather

issues it wasn't able to happen. so it is actually happening right before our eyes. jon: this is a live look. you can see one world trade, formerly called the freedom tower on the right of your screen. the crain is ever so slowly lifting that spire up to the top. it will make that building top out at 1776 feet once it is put in place. jenna: tallest building in the western hemisphere once it is done. there is still a lot to be done inside the building. it is not finished. the top top of the building if you will it will be making it today. real quick note in about an hour on our program we'll be speaking to the nypd because there was this discovery earlier this week about the timing when the spire was supposed to go up on part of a plane, that was believed to be one of the planes that went into the world trade center. we'll talk to the nypd. this is better shot. jon: now you get a sense what it will look like. jenna: the nypd will talk about what they found, what

it is like up close and what it all means some years later. miraculous construction right there. jon: also interesting too, this spire is going to be bolted and welded in place on the second anniversary of the death of usama bin laden, the man whose evil plans really knocked down the world trade center. jenna: good point toer are. one of the thing that the spire is going to be doing, it will serve as a way for media, we used to satellites, it will be one of the ways we're able to broadcast, not just us. oh look, you can see the american flag. jon: old glory. jenna: it is not just aesthetic is the point. it will serve a function as sort of this big antenna in lower manhattan but history made today. the final spire put on top of one world trade. as it goes up we'll bring you back down to lower man hat and -- manhattan and we'll show you how it all comes together. meanwhile we move to fox weather alert. a rare may snowfall in

colorado. i don't mean to insult your state. jon: no. jenna: it is beautiful but it is may. jon: it has a tendency to break the trees and that's never good. jenna: there is another part of the country dealing with flash flood warnings as well. in california you have some dry winds there. that is causing some concern forrest fires. very busy around the country today. meteorologist maria molina joining us live in the studio with more on this. >> i, thanks for having me in person in the studio and yes, we have all kind of weather. we have dry weather, windy weather and hot temperatures the other extreme and snowfall. incredible totals we want to bring to you. 28 inches of snow across sections of colorado. that is incredible in itself. we're talking about a total during the month of may is even more incredible. other parts of the country as well looking at significant snowfall. parts of wyoming. in minnesota we had aaccumulating snowfall, eight inches in part of that state, iowa and nebraska as well. we would be possibly

challenging some records in terms of snowfall totals for the month of may. we still have the snow coming down in sections of kansas, parts of iowa, up into sections of wisconsin. a couple more inches are still possible out here. please be careful out on the roadways. as we head to the south where a another area of low pressure is producing heavy rain. we have heavy rain coming into sections of the gulf coast all the way down to parts of south florida. how much rain did we see? quite significant. flood warnings are still in effect. some of you picked up to a foot of rain outside the city of mobile. four to eight inches widespread across sections of mississippi and parts of alabama. out west we have red flag warnings in effect. some strong winds. some could see gusts up to 60 miles per hour. the temperatures will be warming up as well. 88 degrees for the high in los angeles. 87 in san francisco. jon, jenna. jon: 15 inches of snow, we're two months away from frontier days. thanks, maria. >> thanks.

jenna: there is new controversy concerning the morning-after pill with the justice department appealing the court order lifting all age limits who can buy it without a prescription. that order basically allows young girls to buy emergency contraception as easily as they can buy an ace prince over-the-counter. reproductive groups are blasting appeal by the administration calling it politically motivated and a step backward for women. eric shawn live in the new york city studio with more. eric, what exactly is the administration doing. >> reporter: jenna, the administration by the justice department is filing appeal. they want to reverse the judge's order to make the contraceptive pill, one step, available without prescription this comes after the fda policy restricting ability to girls over under 17 was overruled by a judge. administration decision to appeal is being blasted by reproductive rights advocates. they suggested this morning that political motivations influenced the

administration's policies to originally bar young teens from getting pills over-the-counter. nancy northrop is president of center for reproductive rights. >> deeply disappointed just days after president obama proclaimed his commitment to women's reproductive rights, his administration has decided once again to deprive women of their right to obtain emergency contraception without unjustified and burdensome restrictions. >> reporter: well the birth control supporters say they will be foiling their own challenge to try and stop the administration's appeal. white house spokesman jay carney by the way yesterday said that the fda made its own decision about restricting the pills and he said that the president did not weigh in. jenna? jenna: what did the judge have to say about all of this? >> reporter: he had pretty tough words, federal judge edward korman slammed the policy that made pills available by subscription to young girls in april. he wrote the following, the policy was based on quote, a strong showing of bad faith and improper political influence, calling it

arbitrary and capricious an unreasonable. even accused if the da of misconduct. critics of his decision say girls as young as 15 should not have access to birth control pills. if they do, they should get them by prescription only and with their parents permission. but supporters of birth control contend there should be no restrictions on the availability much emergency contraceptives. they point to scientific studies they say show the bills are -- pills are safe. the ad administration argues that judge corman overstepped hits authority by having fda to change hits policies and. another ruling could come down in a few days. this is certainly not over quite yet. jenna: we'll watch that. interesting public debate on all of that. eric, thank you so much. appreciate it. jon: a brazen robbery gets caught on tape with the would-be victim fighting back. what he did to the armed suspect. you'll want to see that. and a new announcement in the case of a fugitive

cop killer living in cuba. 40 years to the day after she killed a new jersey state trooper @ñ@@@í

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shotgun at the victim's face. you can see the victim fought back and got his hand on the so the gun and ran after the suspect chasing him to a waiting car. one person was arrested in connection with the attack. but it is not clear if he was the gunman or the car's driver. either way, a crime that could have happened, didn't happen. jon: i'm not sure the cops would want to do that but it turned out well for this guy. today marks 40 years since a new jersey state trooper was gunned down on the job. the woman convicted of killing him escaped from prison. she is now living in cuba apparently. joanne chesimard is a fugitive has been on the fbi's most-wanted list with a one million dollar reward for her capture. now some major announcements in that case. rick leventhal live from newark, new jersey. what did the fbi have to say this morning, rick? >> reporter: well, jon, the reward for the capture and return of joanne chesimard has been doubled to $2 million. she has now been added to

the fbi's most wanted terrorist list. she is the worse woman on and own second domestic terrorist to earn this distinction. we spoke with the special agent in charge of newark fbi office admits mitts she is not a current threat to the united states but known to associate with terrorist groups. she was active member of militant organizations that targeted law enforcement in the '70s and '80s and reportedly continues to pursue and espouse a terrorist agenda. she was convicted of the hurt of a police officer and authorities want to see her back behind bars. >> no person, no matter what his or her or personal or moral convictions are is above the law. joanne chesimard is a domestic terrorist who murdered a law enforcement officer execution-style. >> reporter: of course it won't be easy getting her out of cuba. anyone with information is encouraged to call 1-800-call fbi, jon? jon: she is still claiming she didn't get a fair trial, huh?

>> reporter: she called it a legal lynching. but authorities here will tell you a jury found her guilty of based on overwhelming evidence. she and her two companions were heavily armed. all had semiautomatic handguns and extra ammo. there were more guns and bullets in the trunk of their car. they had fake i.d.s. they engaged with a shootout with police and executesed trooper werner foerster. the other three are dead, one is in prison and joanne chesimard is in cuba. i spoke with the trooper's son eric who was just three years old when his father was killed. he told me the act fact that chesimard gets to enjoy time with her family and my father does not, it is a loss that will stay with us forever. the superintendent of the new jersey police explains why it is so important to catch her. >> it closes an open wound, rick. it also sends the message as apparently our presence here today that we will not give up if one of our members dies and then escapes justice whether from jail or flees prosecution.

>> reporter: and again, two million reasons to bringer back to the united states now, jon. jon: would be nice to see a break in that case, wouldn't it? rick leventhal, i'm sorry, rick leventhal in new jersey. thanks, rick. jenna: well a california teen may be in really, really big trouble. he made news a few weeks back because he was rescued from the wilderness with his friend on the screen. now he is making news for another reason. what crews found that could put him in jail and may add to why he got lost in the first place. the future of finding cancer could lie with our four-legged friends. a new collaboration with testing dog's ability to sniff out early stage cancer and save lives. we'll speak to the dog. find out how he or she feels about all of that, coming up next on "happening now." [ male announcer] surprise -- you're having triplets. [ babies crying ] [ male announcer] surprise -- you'resurprise --plets. your house was built on an ancient burial ground.

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jenna: well some new information on two teenage hikers rescued in the southern california wilderness. rick has this story, rick. >> reporter: you may remember jenna, this began easter sunday. two people, man and a woman, hiking in the canyons. they called the police from a dying cell phone saying they're lost and they need help. the search for these two teenagers really took four days and costs about $160,000. a sheriff's deputy was injured during the search. which took place in orange county, california's holy gemanyon. 19-year-old nicolas cendoya was found on day three, dehydrated and delirious. 18-year-old kendall jack was found the next day. she was dazed and suffering from hypothermia and dehydration. cendoya is facing drug charges. during the search they found his vehicle. inside of it they discovered 497 milligrams of methaphetamine. a tiny amount but still they

found it. prosecutors have charged him with drug possession, a crime that could get him three years behind bars. he has a court date, jenna on may 20 second. jenna: rick, thank you. jon: some unique developments that could help in the pat he will against cancer. past research suggests dogs can be used to sniff out early stage cancer. now an ovarian cancer foundation hopes to take that research even further. awarding a grant to fund a collaboration unlike anything the medical world has seen to this point. dr. cynthia otto is the director of the penn vet working dog center and that is thunder there, with her, one. dogs in this program. so, dr. otto, what is going to be different about the way you're going to use thunder and other dogs to sniff out cancer? >> well i think one of the biggest things we're looking at is a difference is the collaboration. we're working with dr. kani from the penn oaf varian

cancer research center. we're also working with a doctor who is the lead on this from the chemical census institute and dr. charley johns son from penn physics. all of us together are working to see if we can figure out the best way to identify a scent, an odor that can help us, predict who already has cancer, even before this sort of standard screening test would be useful. jon: we have some video now of dogs and women obviously in a training session. but as i understand it, you wouldn't actually have potential cancer patients in their doctor's office with your lab bro door, -- labrador, would you? >> oh, no. we do all of this in a laboratory setting. what we're doing is collecting some of the cancer samples from patients as a result of our collaboration with dr. tani. then we're collecting blood samples as well. so we're training the dogs

on that and what they will be doing in our study initially will be identifying blood samples from patients with cancer versus patients that don't have cancer, patients that have other diseases that aren't cancer. so that's really the goal. jon: it is my understanding you're going to be targeting especially ovarian cancer which is typically pretty hard to detect. the dogs would be able to do it when machines, blood tests, that kind of thing would not? >> i think what happens there isn't a early screening test for cancer. so what we're trying to do is have the dogs help us identify what that specific odor signature is. then we'll go to those machines and see if they can't match up what that is. we know doctors are more sensitive than most machines. and because they're thinking about this and putting things together, they can pick out odors among a lot of other contaminants. so if they can help us figure out what the machines eventually will then lock in on we can work together and

have a screening test that will hopefully identify some of these women that might have early stage cancer, that then is at a much more treatable stage. jon: well, it is fascinating. the cancer cells do put off an odor and the dogs can pick it up. dr. cynthia otto, please come back and let us know how the research progresses. >> we definitely will. thanks for having us. jon: thank you. jenna: he is more of the strong silent type. jon: very well-based. jenna: what incredible research. we'll keep you posted on that. the latest information on the marathon terror attacks. what the suspects are accused of doing right after the bombing plus what investigators can learn from them. [ man ] on december 17, 1903,

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>> reporter: live at the "happening now" now control room. a brand-new hour with brand-new stories come kwrourg way righ your way. on exclusive reporting on the benghazi, law enforcement suddenly releasing these pictures of three men wanted for questioning. a live report straight ahead. also, argues the jodi arias murder trial winds down a look back at some of the biggest most talked about courtroom highlights. the california wildfires still going strong smack in the heart of the state's wine country. the wind is the key here. the very a little et cetera on what firefighters are dealing with. all of that and breaking news as the second hour of "happening now" starts right now. jenna: welcome to the second hour of "happening now."

glad you're with us i'm jenna lee. jon: i'm jon scott. a lot of new information coming out since we first reported the story yesterday when federal prompt queuesers charged three friends of the surviving suspect, two of them seen here in new york city's time square with the ald bomber. they are both are from kazakhstan charged with conspiracy to obstruct justice by throwing away evidence after learning their friend was a suspect in the bombing attack. a third friend is charged with lying to federal investigators about his knowledge of the cover up efforts. peter doocy is live in boston. this story is changing rapidly. what is the latest? >> reporter: the latest is we've found a very interesting interview with the father of one of the aplg accomplices, conducted after azamat tazhayakov's arrest but before he was charged with obstruction of justice. even though the father knows

dzhokhar tsarnaev the two of them are different he says. >> we were shocked, everyone knows my son. he's never fought with anyone. he's never been in touch with any radicals. he doesn't go to the mosque, unless we go for some reason. in america he has never even been to a mosque. >> reporter: well, now that man's son azamat tazhayakov and another kazakhstan national dias kadyrbayev are facing five years in prison each for helping a boston bomb bomber cover his track. robel philipos is facing up to eight years for lying to investigators. jon: do the authorities think these three knew about the attack before it happened? >> reporter: no, the criminal complaint alleges that these three kind of started connecting the dots in their head roughly three days after the twin bombings here on boylston street because that's when the fbi put out surveillance footage of

tsarnaev with his backpack a block behind me. they saw the picture. they texted him, saying, hey this suspect looks a lot like you. he supplied lol. very suspicious. the three accomplices went to dzhokhar's dorm room and decided the fbi was probably right about their friend being a bomber, when they found hollowed out fireworks and vaseline and then remembered, oh, yeah, a month ago, before the bombing dzhokhar tsarnaev told us over a heal that he knows how to build a bomb. but despite all of their suspicions not one of the three new suspects ever called police and said they took all of that incriminating evidence off campus and dumped it in a dumpster at their off campus apartment, jon. jon: and the fbi is believed to have recovered that evidence, right? >> reporter: that's right. there is a photograph actually where you can see some of those hollowed out fireworks there were seven red tubes that had all of the powder taken out and

authorities, again, haven't been too specific about what was in the bomb, what he made it explode. but hallowed out fireworks very suspicious,. jon: meter doocy in boston. thank you. jenna: this fox news alert, the fbi releasing the first images of three men wanted in the deadly consulate attack in benghazi, libya. this is coming just days after or days ahead i should say of a house hearing into the government's handling of the investigation. chief washington correspondent james rosen is live in washington with more. >> reporter: good afternoon. under questioning by my fox news colleagued henry yesterday afternoon. white house press secretary carniva karen jay carney used language as to the benghazi attacks not heard before now. >> if we were to come forward is the white house willing to let them testify? >> yeah that is hypothetical. let's be clear. benghazi happened a longtime ago. >> reporter: the fbi's release of the eufpl anales of those threimages of the three people

wanted for questioning because they were said to be on the consulate ground that fateful evening mark a first such development in the case. and it was a longtime coming. there have been reports of arrest of half a dozen or so people over the last eight months but no one has been formally charged in the case. the obama administration's has an evolving position on whether survivors of the benghazi attacks should be permitted to testify before congress. the state department this week indicated that that would be improper. >> the bottom line is those survivors have provided extensive testimony to the arb, and to the fbi, and those -- that information was made available to the hill through that channel. we don't sort of have people at the operational level necessarily as witnesses or testifying, in fact many of them are back and have done -- are completing their duties in the field. >> reporter: jay carney yesterday again under questioning seemed to suggest the administration would indeed

permit lawmakers to question the benghazi survivors. >> anybody who wants to be heard by congress is welcome to be heard by congress in our view. that has been our a etch proper, our cooperative approach to this matter and to this investigation from the beginning. >> reporter: the next congressional hearing on benghazi is slated for may 8th. jenna. jenna: james rosen live in d.c. james thank you. jon: "happening now" in north korea, an american whose only crime, his friends say, was feeding or fans, sentenced to 15 years hard labor. david praoeu piper is live from thailand with more. >> reporter: yes. north korea had been cutting down its rhetoric over the past week or so, but this announcement seemed to have a great chance of raising tensions again between the u.s. and north korea. the announcement that 44-year-old kenneth bayh had been sentenced to 15 years hard labor came from the north korea news state agency today.

he had been held listen last year after entering the country as a tourist, last year pyongyang announced he haledoeut north korea including an attempt to overthrow the country. they described them as anti-government crimes. according to activists in south korea he's believed to have been a tour operator of korean descent. they also report that friend have described him as a devout christian. north korean activists have said that he may have been arrested for taking photos of starving children in the north. a state department spokesman has called on north korea to release him immediately on humanitarian ground. reports say diplomats from sweden who represent u.s. interests in pyongyang have been providing counsel for him. north korea has arrested several u.s. citizens in recent years including journalists and christians. they were released after intervention from high profile american figures, including

former presidents bill clinton and jimmy carter, both of whom went to pyongyang in 2009 mr. clinton negotiated the release of two u.s. journalists accused of entering north korea illegally. laura ling and elena lee. some north korean experts are suggesting this might be some kind of bargaining chip to try to ease the u.n. sanctions against pyongyang or even get former president's clinton or carter to get there, to help them establish kim jong un as the leader of that regime there. jon: you have to feel for that young man whatever is happening there. david piper, thank you. jenna: a possible break in the search for a missing mom. police think she was kidnapped while working the night shiftwadia gas station. now we have a sketch of a possible suspect and police are asking for your help. also fast moving flames burning thousands of acres in southern california forcingee evacuate wraeugss and leaving one man's home in ruins.

a live report next. >> once it all sits in real hard and i can actually sit down and have have a good cry with good friend. my neighbors, thank the lord that they are all a okay. [ male announcer ] this is george.

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jon: police release new clues in the search for a missing michigan mother. rick folbaum has that live from the newsroom. >> reporte police, jon are desperately hoping for a break in this case. it's now almost a week since 25-year-old jessica herringa was last seen. a night clerk in the town of noon shores, michigan last seen at her job friday night. poli released a sketch of this man. they say they want to talk to him. he's described as 30 to 40 years old. 6 feet tall. light brown or sandy, wavy hair parted as you can see from the sketch inhe middle. of the police are looking for a silv or gray chrysler

minivan. it's going to be -- there you see it in the surveillance video. it's been seen in through different videos from t separate nearby businesses, awful around the time of the ab suction, which was 11 chocolate local time. there were no -- dash 11:00 local time. no signs of struggle, her car, purse all left behind. someone who build in to fill up his tank called 911 to say the gas station sta was open but there were no employees. jessica is 5'1". 110 pounds. blond shoulder-length hair, blue eyes, a real mystery right now. anybody with any information is urged to call the michigan state police. back to you. jon: let's hope they can solve that one. thank you. jenna: michigan to california now several wildfires are raging in that state, one of them ripping through the rugged terrain in the southern part of california coming dangerously osrhoods. one man lost his home to the flames. >> now we're looking at the

living room. some salvageable stuff up on the mantle still. have been fortunate to have one or two memories. jenna: he has a great attitude that we heard in the other sound byte as well. thankful that his neighbors are okay. william la jeunesse is live on the west coast with more. >> reporter: we normally see 50-mile an hour santa ana winds in october not may. that combined with just five inches of winter rain, not your average 15 inches means that southern california is on high alert this summer especially in the next few days with these temperatures in the 90s. just in camarillo the fire you're seeing right now is in ventura county, it began 90 minutes ago. vetters suspect someone threw a cigarette butt out the window on the 101 freeway. it quickly spread. they are trying to put a ring around the fire which is making a beeline right now nor a subdivision. the good news is that that is newer construction, the bad news

is when mother nature is pushing 30, 40, 50-mile an hour wind firefighters can't contain the flames this these conditions, a mandatory evacuation is likely in the next few hours there. that was the case yesterday when this fire east of los angeles in riverside county blew up growing from 60 to almost 3,000 acres in a matter of hours despite dozens -- about a dozen helicopters and tankers dropping water and restarred tkapbt. firefighters evacuated 500, they lost one home. it's about 40% contained now. the bottom line is here have a red flag warning in effect for all of southern california through friday night. right now that fire basically up in camarillo and ventura county, 6% humidity. that means that you have the brush, if you will is as dry as a newspaper. already this year we've seen about 700 fires. 30% more than normal. and it is only may. so it's bad conditions right now. back to you. jenna: some concerns of what is

to come. william, thank you. jon: there are some shocking new details just confirmed about some of america's first settlers. what archaeologists have discovered about the early death of this 14-year-old girl, and what happened to her after death. of it is changing what we know about life in jamestown more than 400 years ago. we'll get into that. plus, new fallout from seattle's violent may day riots. what it took for police to break up this crowd. also, plenty of cash riding on the kentucky derby this he can wao end weekend, why many in the state are also betting big bucks on the bourbon business. >> leach the bourbon on the shelf. ♪ and i'll drink it by myself. ♪ i love you, please, darling

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jon: right now 17 people are facing charges following a riot in seattle. take a look. a may day rally turned violent last night as marchers broke windows and pelted police with rocks. police responding with flash-bang grenades and pepper spray. eight officers were injured in all of this. and a woman driving by was treated for cuts after a demonstrator threw a glass bottle at her car chat her window. the isn't in custody are facing charges of assault and property damage. the anticapitalism protest followed a peaceful rally for immigration reform earlier in the day. jenna: some surprising new details about how difficult life was for some of the errolist

american set lores. jamestown was founded 400 years ago in what is now virginia. it was the first permanent english settlement and now archaeologists are releasing new details on the extreme lengths some took to survive the horrible first winters, particularly what is known in history as the starving time, a particularly tough winter for some of these folks. we need to warn you some of the information in this story is disturbing and here is why, william kelso is the lead archaeologist of the jamestown archeology center. dr. kelso what you say you discovered is the first and only evidence of can in a pwa list eupl in colonial america. >> yes it is. we found a partial skull and a severed leg bone of a human

remain, it turned out by forensic studies that it was a 14-year-old english girl. the marks, the cut marks on the skull, the way it was treated, the way it was opened, there are scores and scores of knife marks where the only explanation is that soft tissue in the brain were being removed. we have six accounts from the historical records from one eyewitness and several recollections that said that in that very hopeless time the starving time the colonists resorted to living off those who had already die. some i should say, some. jenna: how do you know it's can a balance liscann cannibiblism? >> the nature of the marks, the skull was opened purposely by several attempts.

so that's a telling thing. then as i was saying the skin is peeled off, it's not a scalp even. that -- the scalp isn't even touch. it's peeling off of the jaw muscles. cutting out of the tongue. this is pretty grim stuff. and there is no question that forensic and tra patro anthropologists, a world expert, and we saw things that people would only eat under extreme conditions of starvation. jenna: we are showing pictures on the screen of what jamestown looked like, their drawings. we also have the skull that you're talking about, and then the image that was made from that skull of what this girl, this 14-year-old, who you call jane, looked like. we don't really know what some of these se set he willers have

gone through. you're putting some pieces together. what can you tell us about jane, the 14-year-old and the starving time? >> well, we first of all we can't tell you the real name of jane, because there were some 20 women that came over and she would be one of them but they are not namedwadiall on the manifest. so -- named at all on the nan fess. so that we can't do. we can't opinion that down. what it tells you about the starving time. to me i suddenly had this great empathy about how hopeless a condition these people were in. and yet the english kept coming. until the colony could be permanent. if they had failed american history would play out a whole different way. i think this sort of reality history, you know, you can put yourself in that place. what would i do? what would i do to stay alive under those conditions?

you know, you could say what you would want to do but who knows. i'll tell you it wasn't everybody, and there were 60 people still left alive, although -- out of 300 during that starving time. jenna: it must have given you interesting perspective about what it means to be an american and how you kneel about our country today. >> that the entire excavation has been that way. 20 yvering things that the colonists did and try to make a living and to make a prove it for the company and all of that. jenna: it's really amazing. as grimace you mentioned some of the details are i know that you're still doing research in the area and it's incomplete at this time, you're still working in the area. our viewers can see what you just saw on the screen. thank you so much. we appreciate your expertise on this and look forward to having you back. >> thank you. jon: and "happening now," just in time for this saturday's

139th running of the kentucky derby another reminder of why it's always a good time to visit the bluegrass state. for this one we have the booming business of bourbon to thank. garrett kinee live from louisville as part of our series on the new economy. >> reporter: jon the business certainly is blooming. distillers are selling every drop they can produce. 595% of all bourbon is produced in kentucky, other local businesses are seeing a boom as well. it's a new golden age for bourbon. and distillers are struggling to keep up with the record-high demand. the thirst for bourbon is even spilling over into tourism where the kentucky bourbon trail saw more than half a million visitors last year alone. >> it's the old adage when the tide risingess all the ships sail. >> reporter: mint julip tours opened its doors in 2007. president service that takes groups from distillery to distillery along the bourbon

trail has grown 41% each year since opening. >> we started with one vehicle, we now have seven. we started with my wife and i. now we have five full-time employees and 17 part-time tour guides and drivers. >> reporter: lisa marie williams was looking to sell her bed and breakfast a year ago. >> because of the growth of the bourbon trail, it has just been amazing. >> reporter: the last six months business has picked up so much that she is having to hire outside help just to keep up with all of the cleaning and laundry. >> it has picked up so tremendously that we are now want being to expand instead, so i'm planning on adding two more rooms, so we can have a total of six rooms here. >> reporter: just to give you an idea of how well business is going for lisa marie, today several people have already called after seeing our story a few hours ago. she has all four of her rooms booked now for a stay in october. jon. jon: wow. that is trickle down economics i guess. garrett, thank you.

well it has been a long, long trial, but closing arguments are about to begin in the jodi arias murder trial. some key testimony that could sway jurors in a case that has really captured the whole country's attention. plus, lilo on thin ice? why lindsay lohan's smoking nicks could land her back in jail. we have your fox 411.

jon: fox news alert, and another fire to tell you about. this in riverside, california, about 60 miles to the east of los angeles. riverside is named for the santa ana river that runs through it and it's the santa ana winds that are causing the problem here. a home on fire. we don't know what started it. you can see by the way the smoke is boiling off that structure firefighters are going to have their hands full trying to get this one put out. when wind like this are blowing the oxygen right into the fire it's really stuff tough to get a structure fire put out, and that appears to be the case here. this video in from riverside, california. when we know more about any injuries or other problems there we'll get back to you. jenna: right now closing arguments about to begin in the jodi arias murder trial. after months of sensational and often bizarre testimony. rick is live with a recap from our newsroom.

>> reporter: six years after travis alexander's tal death. five years after being charged with first-degree murder the closing arguments in the jodi arias trial are about to get underway. arias at first denying any involvement in the killing only to change her story two years after she was arrested saying she did it in self-defense. >> did you kill travis alexander on june 4th, 2008? >> yes, i did. i was extremely confident that no jury would convict me because i didn't expect any of you to be here. >> reporter: alexander was shot in the head, stabbed repeatedly, his throat was slit. the prosecutor said she acted in a faith of jealous rage over news that her ex-boyfriend didn't want to see her any more. the defense said he what us abusive and presented a domestic violence expert who clashed with the prosecutor during cross-examination. >> you can tell what an individual many years ago was

feeling just by looking at a text message, this is what you're telling us, right? >> what i'm telling you is i'm looking at many, many text messages, many, many communications. that's what i had to go on. and when that is consistent i feel like that is a pretty straightforward sort of situation. >> ultimately what you're saying is that you are a human lie detector, right? >> gosh, i didn't think i was saying that mr. martinez. >> reporter: the trial also featured the unusual aspect of allowing the jury to ask questions, questions that were read to witnesses, in this case jodi arias by the judge. >> after you shot travis why not run out of the house to get away? >> okay. i'm sorry. that is correct. after i shot him i didn't know that i shot him, but after the gun went off he -- while he was lunging at me we fell over and he was trying to get on top of

me. it's hard to describe the fear. it was like mortal terror. >> reporter: arrow as is charged with premeditated first-degree murder but the jury could convict her of lesser charges. should they find her guilty of murder in the first-degree, jenna, arizona does have the death penalty so that would be in play. back to you. jenna: rick, thank you. jon: well nor more on this long and sensational trial let's bring in criminal defense attorney brian claypool. also former federal prosecutor fred tecci. i want to let you know what is going on in the courtroom right now. the judge has taken the attorneys into chambers along with jodi and apparently two people who appear to be members of the family of the victim, travis alexander. we don't know what they are talking about, but fred, what would occasion that kind of a meeting? >> you know what, jon i've got to tell you that is is a tough one to figure out.

the only thing that could it could possibly be is they are concerned about some of the things that juan martinez is going to go through, some of of the pictures he's going to show, autopsy photos. graphic, horrible, horrible things and i think the judge may be instructing the family members that look we'll have no emotional outbursts, no crying you need to stick there. and jodi arias has the right to be there for that type of a conference. same with jodi, she needs to sit there quietly. jon: doesn't that give her an advantage if she sees the evidence ahead of the prosecution's finale? >> i don't think it gives her an advantage, and i think fred is right. i think really what they are doing is they are previewing what evidence that juan martinez is going to show in front of the jury to make sure the family will be okay with that. so they have an option to leave the courtroom. and also there might be an issue they are talking about in terms of what is called cumulative evidence, to make sure that not too much of these photographs of travis being killed are shown to

the jury. jon: brian, let me stay with you for this question. you say that the fact that the jurors were still writing out questions as recently as yesterday, questions to be posed to jodi arias, the defendant here, that doesn't bode well, you say, for the prosecution. why? >> jon, absolutely. i mean, if jurors are writing questions and taking notes on the defense's last expert in in case who is talking about jodi has post-traumatic stress disorder i think there is a good shot that she is still in the game here for second-degree murder and not first-degree murder. if these jurors had made up their mind that they whr-r going to convict her of first-degree murder rest assured they would not be taking notes down and writing questions on the last day of trial. jon: fred, what do you think about that theory? >> brian is a good lawyer, he's done a lot of cases and has a lot of trial experience. i best if i asked him honestly no one can really figure out what the jury is doing with this kind of stuff.

i've never been able to to it. i can spin it that there are jurors that are so convinced that she is guilty, they know some people -rp holding out and they are writing questions to get the information that they need to beat the holdouts over the head. jurors take their oaths very, very seriously and they will give everybody a fair opportunity. i don't know why the judge let this last defense weuft testify. i thought it was a mistake. uflt math lee i think, you know, brian could be a hundred percent right, this is like trying to figure out what is going on in a closed box. but i don't see it. jon: you still think, fred, she told a couple of whoppers in the days after the murder. and seemed to think she could get away with it. she has now admitted the murder but says he was abusive and it was a self-defense case. do you see the possibility of her walking here? >> you know what, jon, look i said it all the time. i may not be right but i'm committed to my position. i don't see it and i'll tell you why. because she is trying to get herself a it requested. if she had come in than a said you know what the guy had beaten me, i sole a gun, i couldn't live in the fear any more, i stole ha knife.

i went there to confront him and give graphic testimony about how we tried to make love, we tried to save it, i snapped, i went crazy, i killed him, stabbed him, shot him 4 and ran she would have a chance of getting second degree and passion. she is trying to get herself acquitted. some of the testimony, particularly the evidence of magazines that she tried to sneak out of the prison that she told her friend that she messed up when she -- not her worst language when she didn't get her story straight. i think the evidence of this woman's guilt, mental intentions and just horrible, horrible acts, including walking up when this guy is lying bleeding from 27 stab wound and shooting him in the head as he lied on the ground. i think it's going to convict her of first-degree murder. jon: brian let's get a very quick assessment from you on the state of this case? no way, jon. i don't think there will be a first-degree murder conviction i tell you why. there is no gun, no knife and jodi arias said she shot travis alex and der inadvertently that she didn't mean to pull that

trigger. juan martinez made a huge error in the case. he failed to put on a forensic pathologist to give this jury an alternative way in which the shooting occurred. to show the jury exactly how she killed travis alexander in cold blood. i think they will find her guilty of second-degree murder sph the pathologist testified the gunshot came second, like at the end stpwhao we'll hav. jon: we'll have to let it go. we'll follow the case. thank you both. >> thank you. jenna: investigators in the boston marathon bombing finding lots of international connections as they learn more about the suspects. what it all means to the case and how investigators are putting all these clues together, next. [ male announcer ] here's a word you should keep in mind. unbiased. some brokerage firms are. but way too many aren't. why? because selling their funds makes them more money. which makes you wonder -- isn't that a conflict? search "proprietary mutual funds." yikes! then go to e-trade. we've got over 8,000 mutual funds, and not one of them has our name on it. we're in the business of finding the right investments for you.

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jon: investigators continue tracking town every lead in the aftermath of the boston marathon bombings searching far and wide both here in the u.s. and overseas for any clues and any solid evidence. that search leading them to three college buddies of the surviving suspect. two of them are from kazakhstan. this photo shows them with the suspect in new york city's time square where the bombers apparently were planning a follow-up attack. the two charged with conspiring to cover up evidence. the third suspect, an american, is charged with making false statements in a terrorism investigation. let's talk about it all with bob stran tpw-rbgs a former could he

chairman of the new york antiterrorism task force now the ceo of an investigative management group. nothing so far i've read about the investigation shows that they knew in advance that the tsarnaev brothers were planning to bomb the boston marathon. >> nothing that we've head so far. be earn that the law enforcement involved in the case is looking very closely at their hard drives, going through everything in terms of their phone records, all their social media and looking at exactly what they knew and when they knew it, because that is really the issue here. one of the reasons that many say that they even have been charged at this point so early on just with title 18 obstruction is to get the leverage to get them to talk a little bit more and be more open about what they knew and who else might have been involved. jon: there is one report out that dzhokhar tsarnaev supposedly said to these friends, you know, in the weeks before the bombing, maybe months before the bombing, that he knew how to build a bomb. i don't know, teenagers brag

about a lot of things and i suppose that that might have been a fairly, or might have seemed fairly innocuous at the time. against the backdrop of what we know now it was pretty incriminating. >> what kind of person is going to talk about that? first of all get away from them. don't go in his room and start to cover up evidence. for anybody that is listening if you know anybody talking about making bombs it might be a good idea to report them and get away from them, not try to cover up something, not try to go to his room, take his hard drive, take his backpack with all the gunpowder out of the fireworks. you know, it doesn't quite fit to me. i think there is more to this than meets the eye. >> you're not necessarily buying the story that goes that these guys saw the fbi photos on the day they were released and sent a text message to dzhokhar and said hey you look at one of the bombers, he writes back supposedly lol? >> i think there was too much friendship before this. they knew each other. there were seven or eight friend that were very close that came

from the same part of the world, in the former soviet union. there was a relationship there. we'll know in the next week because they are going through all this data, they are going through all their hard drives, they are pulling together all the social media and they are linking things up. jon: how in the world does it happen that one of these guys original here was in the country on a student visa, that visa expires, apparently he was no longer even going to class, comes back to the country and still manages to get in? >> it's not the first time we've heard about this. jon. we know that most young people use the student visas to get to the u.s. and to stay here and to take advantage of our laws. obviously that is a loophole that needs to be tight end. we need to look more closely at the students that are coming here. actually check and make sure that they are enrolled and attending class. so when we talk about putting in new laws maybe we should just try to take a look at what our laws are right now, enforce those laws, and maybe a lot of this wouldn't happen. jon: i mean americans are happy to share our educational systems and universities, but use them

correctly. >> right for the right reasons, right? >> bob stra in, g, thank you. jenna: it's a video that really brings you back, the removal of a plane part near ground zero anstker zero in downtown manhattan all these years later. the chief of the nypd investigative unit who looked for survivors at ground zero is here to tell us what the moment was like and what we can learn from the discovery next. we went out and asked people a simple question: how old is the oldest person you've known? we gave people a sticker and had them show us. we learned a lot of us have known someone who's lived well into their 90s. and that's a great thing. but even though we're living longer, one thing that hasn't changed: the official retirement age. ♪ the question is how do you make sure you have the money you need to enjoy all of these years. ♪

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jenna: "happening now" in new york city an investigation continues into a piece of an airplane removed from an alley near ground sister owe, believed to be part of one of the jets that crashed into the twin towers. investigators initially thought

this five-foot maes was part of the jet's landing gear, but officials say it was part of the underside of the airplane's wing. the discovery brings it all back for all of us, really, but particularly for our next guest. chief william aubry is commanding officer of the nypd's investigative division, they removed a piece of the plane. he was at ground zero after the 9/11 attacks. an honor to have you in the studio with us, chief. >> thank you for having me. jenna: wraoef covered the story in bits and pieces over the past week. it's a remarkable discovery. when did you first hear about it and what was the response? >> we first heard about it when the surveyor realized that this may be a piece of a plane. so we worked with the office of chief medical examiner and the nypd emergency service unit, we responded there, and we identified that there was a serial number on the part, and when we saw there was trash trash it was a boeing label with a serial number, we reached out

to boeing and we realized that it was part of a 767. jenna: what did you think? >> it was an eerie -- it was somber feeling when you're there and you're in this one and a half foot space that is about 90 feet long, and it's a confined space. it was a feeling that brought back a lot of emotions. jenna: in you could hold that for our viewers, it's about this wide? >> it's one foot six inches and the part was one foot five inches wide. jenna: how did you even go about getting it out, and what about what else could be in that space between the buildings? >> well, the way that we removed it was we used the emergency service personnel, there were about a dozen officers back there and they use -- in the back court there there is a wall about three stories high.

they mahmoud new verdict it over the three-story high wallin to an area where there is an old fire escape, a metal fire escape that is rotted and russed. rust. >> did you find any human remains. >> i'd rather not comment on the human remains out of respect for the family, that is the chief medical pain examiner in new york city that deals with that. we've worked closely with them inch than in sift thaing that area. it was author leo gone through and i'd rather leave it up to them to deal with the families. >> we appreciate that sentiment. looking at some of the video we see your team of guys down there among others that are part of this investigation, we just showed our viewers today the spire going up on one world trade today, that is the final piece at the top of that building. of course we can't forget that this piece was found at a 51

park which is what has been called the ground zero mosque, it's been an area of great controversy. there are all these different narratives at play if you will, chief. i'm just sort of curious how that all feels. how do you bring it together now so many years after 9/11? >> if you think about it it's over eleven years, and on 9/11 it was a clear, beautiful day and while we're removing that it was a clear, beautiful day. and the irony of that remaining piece of the freedom tower going up pretty much on the same day that we removed this part, it brings back an awful lot of memories for people that were involved. jenna: we really appreciate your service. >> thank you. jenna: and the service of your families a well. they've also been a part of this. we look forward to having you back, sir. >> thank you very much. jenna: thank you very much. chief aubry. we'll be right back with more "happening now." which is why he's investing in his heart health by eating kellogg's raisin bran®.

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the san diego police department up veils the newest the new set of click wheels, jenna. no known as the guardian, designed to build ties between the police and the community. taking an old patrol car, they spent about 50,000 bucks to trick it out. the whole thing was paid for by local business dealers. it wasn't a tax thing. this cool cruiser is going to special events, parades and car shows. and general that who has a thing

for cars -- >> yeah. if you're look for community outreach, that seems like a smart thing to do. >> you'll drive it. >> i'll totally drive it. >> thanks for joining us. >> "america live" starts right now. new questions in the boston bombing investigation about a laptop computer and what the fbi has for possible evidence as it tries to track down where the tsarnaev brothers got the information and know how to build what we are now told were fairly sophisticated bombs. welcome to "america live." i'm megyn kelly. it comes from the affidavit yesterday, filed in the arrest of three new suspects, classmates and friends of dzhokhar tsarnaev. two are accused of trying to get rid of evidence after the boston bombing. the two college