building him a new home. the cost of the plane ride back to mongolia being covered byy by careeran area. >> an entire t rex? how do you do that? >> thanks for joining us. >> "america live" starts right now. fox news alert. with new details breaking in the remarkable story of three young women who escaped a home in cleveland, ohio overnight after a detecte decade of being held . the choppers are up over the house of horrors. welcome to "america live", everyone. unbelievable day. i'm megyn kelly. their survival story and escape from captivity gripping the country. amanda berry was 16 when she vanished in i 2003. gina dejesus just 14 when she disappeared in 2004. michelle knight was 20 when she went missing in 2002. police believe they were held

captive in a home near downtown cleveland a few miles from where they vanished. think about that. think about their families, wondering, waiting, searching, and they were there. they were there in the neighborhood all that time. moments ago we learned that two neighbors say police were called twice in recent years to investigate suspicious activity there. that is not consistent with what we heard earlier today, but the police said that they are combing their records to make sure what they believe is the case is, in fact, the case, that there were no suspicious calls. one man, however, is claiming that he called about pounding doors at the house, and another neighbor says her daughter saw a naked woman crawling on her hands and knees in the back yard. police say they cannot find records of those calls. authorities have arrested three brothers, ages 50 to 54. we know one of them is the homeowner, ariel castro. charges are expected to be filed any time now.

neighbor after neighbor claiming to be dumb founded over these events, say they never suspected anything was wrong inside that house for the most part. the initial reports i brought you are the first we're hearing that there was any sort of suspicion. and then came late yesterday afternoon when a neighbor eating mcdonald's's heard amanda berry's cries for help. they struggled to on the part door -- to open the door that held her captive for so many years. finally amanda was free. the now 27-year-old woman and a mother to a 6-year-old, choking bacterias as shback tears as shc call to 9-1-1. >> help me. i'm amanda berry. >> you need police, fire, or ambulance. what's going on there? >> i've been kidnapped and i've been missing for ten years and i'm here, i'm free now. >> okay. what's your address? >> 2207 seymour avenue. >> 2207? it looks like you're calling me

from 2210. it looks like you're calling me from 2210. >> i can't hear you. >> it looks like you're calling me from 2210 seymour. i'm crew across the street. >> please help me. >> stay there in the police get there. >> okay. thank you. >> talk to the police when they get there. >> okay. hello? >> yeah. talk to the police when they get there. >> okay. are they on their way right now. >> we'll send them as soon as we get a car open? >> i need them now before he gets back. >> all right. we're sending them, okay? who is the guy you're -- who is the guy who went out? >> his name is ariel castro. >> all right. how old is he? >> he's like 52. >> all right. and -- >> i'm amanda berry. i've been in the news for the last ten years. >> okay. i got that dear. >> hurry. and you said what was his name again? >> ariel castro. >> and is he white, black, or

hispanic. >> what's he wearing? >> i don't know. he's not here right now. >> when he left, what was he wearing? >> the police are on the way. talk to them when they get there, okay? >> okay. >> i told you they're on the way. talk to them when they get there. thank you. >> bye. >> trace gallagher live in our west coast newsroom, but we begin with garrett tenney live in cleveland. >> reporter: we've got live aerial pictures coming from the fox affiliate wj with. today the good news is all three of those women are back at home with their friends and family after spending last night in a local hospital. doctors say physically they're doing well, but perhaps a bit on the skinny side. emotional. that's the kind of help they'll keep their eye on in the coming days. three brothers, ariel, o'neal, and pedro castro are in custody. none of them are strangers to the police.

we learned at a press conference earlier that in 2004 police came to ariel castro's house where the police a sit girls were being held. ariel was a school bus driver, and there were reports he left a child on the bus. no one was at home at that time and charges were never filed. today the fbi is back at ariel castro's home, and they're continuing to process and sift through ten years worth of evidence and they say that they expect that process to take at least several more days. megyn? moi>> that i thank you. the be neighbor heard cries for help and went over to investigate. that's key and shouldn't be overlooked. already authorities are pointing out not everybody would do the same. this man heard someone in distress, went over, and she identified herself as amanda berry. listen to that neighbor describe how it happened. >> i was eating my mcdonald's. i hear some girl screaming, so my neighbor, he come across the street and i'm looking at him going across the street

wondering where he going. he goes next door to my house and i look, and i see this girl, and she is just going nuts on the door, so i'm like what's your problem? are you stuck? just open the door. she aid i can't, he got it locked. it was only enough to reach a hand out to grab the mail and close the door. we naturally going to pry it open. that didn't work, so we had to kick off the bottom. luckily on that door it was aluminum and it was cheap. she climbed out with her daughter. she went to my house and we called 911, all right. then when the police get here, she said there's three more girls up there, and that's when i seen it. that's when gina dejesus and they brought two girls out. >> you saw amanda berry and gina dejesus. >> yeah. isn't that something? >> oh, no. malnutrition. >> they didn't look good. >> no. none of that. they weren't none of that, not gatorade or nothing. >> you had no indication that there was anything wrong?

>> not a clue that that girl was in that house or anybody else was in there against their will because how he is, he just comes off to his back yard, plays with the dogs, tinkering with his cars and motorcycles, goes back in the house. he's somebody you look and you look away because he's not doing nothing but the average stuff, you see what i'm saying? nothing exciting about him. well, until today. >> unbelievable. as news of the discovery spread, cheering crowds lined the streets, grateful that the young girls who had vanished so long ago were alive and safe. obviously there are lots of questions about their emotional state, about the obvious likely abuse that they've been subjected to over the past ten years, all of which will be explored in the days to come. for now, there was a moment of celebratcelebration that their . the vast majority of these cases the young women wind up dead, and we find their bodies, their

remains, and that's what the families have to deal with. obviously they've been through a lot, but they're alive, and as ammann did puamanda put it, fre. now amidst all of this thee is sadness in the wake of what they've gone through. they lost so many years with their loved one. amanda berry seen in this picture here with her sister and as we understand it, she gave birth to a little girl while in captivity. now her mother has died while she was in captivity. so far, by wait, police are not saying who the child's father is or where the child was born. there will be no reunion for amanda and her mother. she died in 2006. friends and family said she never, never stopped looking for her daughter, even tugge turnina psychic to get answers. that so-called sig psychic toldr amanda was dead. bear that in mind the next time

you fork over your money. her health steadily deteriorated and some friends suggested she literally died of a broken heart. in the meantime, gina dejesus' family is celebrating their miracle. gina was captured on her way home from school back in 2004 when she was just 14 years old. her family says they've been looking for her ever since. outside their home today, a sign read welcome home, gina. something her aunt says they've been waiting a very long time to say. >> i will tell you this because i was there to see her. all three girls. got workgod works in mysterious. i mean, it's just unbelievable, unbelievable. these girls, these women are so strong, stronger than i am. i will tell you that much. and they all have a positive attitude. >attitude. >> think about that. how would you make it through and be strong and have a

positive attitude? i guess it would be the only way to live. i mean, the initial reports is that these women were chained up, were tied up. can that be? could you be tied up in a home for ten years? how could you survive? how could you emerge able to communicate with the world in any comprehensible way? yet that seems to be what's happened here. amanda berry now being hailed as a hero for escaping, for finding the courage to escape. think of the fear she must have had of her captor, and saving the lives of the other two captives and her young daughter. but what happened when she disappeared and the other two disappeared a decade ago? all three of these victims vanished within a half mile of each other, within a half mile. as it turns out, we are being -- they were being held prisoner just three short miles away from the location of their abduction. that's going to raise a lot of questions with police. you know that's where this is going. first, we want to get to trace gallagher with mover the story

live in l.a. >> reporter: miller knight was the first to disappear in 2002. she was 20 years old, last seen at a cousin's house. after an initial search, police and social workers, even some family concluded that michelle left on her own because she reportedly was angry that her son was removed from her custody. you see we have no pictures, no wanted pictures of her, even no back searching video back in the day because nobody really thought she was missing. her mother, barbara knight, never gave up, continually canvassing neighborhoods alone, saying her daughter would never leave without at least an occasional phone call. she thought in 2007 she spotted michelle at a shopping plaza just 10 blocks from where she disappeared. she called michelle's name. the woman never turned around. amanda berry went missing april 21st, 2003, the day before her 17th birthday. she was walking home after working her shift at burger king. she called home on her cell phone, said she had gotten a

ride, and that she would call right back. she never did. four days later, a man called on amanda's phone saying she was fine and that she would be home in a few days. her mother, as you said, megyn, searched and searched alone, even went on the mon tell williams show where that psychic you talked about told her, quote, she's not alive, honey. your daughter's not the kind who wouldn't call. she said so you don't think i'll ever see her again? yeah, in heaven, on the other side. i'm sorry. gina dejesus went missing sam ml 2nd, 2004, almost exactly a year after amanda. she was last seen at a pay phone walking home from school. she walked one way, her friends walk the other. john walsh, host of "america's most wanted", was shocked she never got an amber alert issued. her family knew the castro family, the man who b abducted r allegallegedly. >> it takes a certain kind of evil to snatch a girl off the

street and lock her up for years, never mind three of them. up next we'll speak with an fbi profiler about the men accused of the crime. those three girls may not be the only victims. investigators suggested back in '09 that another young girl who vanished from the area may be involved here. ♪

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these could be signs of rare but serious side effects. is your cholesterol at goal? ask your doctor about crestor. [ female announcer ] if you can't afford your medication, astrazeneca may be able to help. >> megyn: fox news alert right now. choppers are up over this house of horrors. a closer look today at the home of ariel castro. the suspect has been arrested along with his two brothers in the case of three girls who were kidnapped a decade ago. they are women now, and they have been through an unspeakable ordeal. the uk's daily mail is reporting that ariel castro posted a facebook update on may 2nd reading, quote, miracles really do happen. god is good. that was just four days before amanda berry escaped from his home and called police. joining me now by phone is mary ellen o'toole, a former fbi

criminal profiler. we're very happy to have your expertise today. very good to see you or to hear you. what do you make of this guy? i mean, i know it's sort of a simple question, but also complex. what kind of a man can kidnap three women and keep them tied up in his house for ten years? >> sure. based on what i've heard so far, i would say that this offender is what we call a sexual saidist, and that's a very specific type of sex offender. these are the individuals that will kidnap their victims and they will keep them for hours, days, weeks, months, or years, and the whole motive behind them taking and keeping someone is because they're sexually aroused by the victims' response to the infliction of physical, emotional, or mental torture. they're extremely dangerous individuals. >> megyn: there are reports, and this is, you know, this story just broke late last night, but there are reports that these

women were kept restrained, tie. i mean, for ten years? is that possible? >> well, they wouldn't be -- it's not likely they would be tied up 24/7 at this point. they probably were initially, but i would suggest or predict that inside that home there will be customized areas that would be offlimits to anybody that came to the house. there would be maybe a customized soundproof basement or some other little cubby hole where these women basically lived for ten years. eventually there would have been maybe some -- i wouldn't say trust, but eventually they may get a little bit more freedom, but a sexual sadist is very interested in bondage, in torture, and in restraining people, so that would have been their life, a big part of the time unfortunately. >> megyn: would you expect in a case like this that there would be a stock home syndrome type

thing, the women would have brain washed into compliance? the way that amanda broke out, it seemed like she knew she had been a kidnapping victim, she wanted out, she knew who her attacker was, she was ready to steltell the police. she didn't sound like a stock hostockholm syndrome victim who empathized with the captor. >> i would say these women had to depend on the offender for food to be able to clean themselves, to be able to use the bathroom. they were completely dependent on him. so from their perspective, there would be very likely some ambivalent feelings towards him and about him, but at the same time, they're old enough to know that they don't want to be there, he took them, he kidnapped them, so there would be some anger as well. i think the ambivalence towards him is going to be important. > >> megyn: how does law enforcement now handle these young women? >> boy, it's going to be tough because each one of them is an

individual person with feelings and emotions, and here's where it gets really sensitive. these women have most likely been sexually abused by him on an ongoing basis, and possibly by others as well. they've also possibly been abused in front of other people, so that's very degrading behavior that they now have to deal with. at the same time, there's going to be anger. why did it take ten years for people to find me? they are now getting back into a life that is brand new to them. their friends are older, maybe their loved ones have passed on. everything that they're being hit with right now may even be considered overwhelming, but they'll get through it with very intensive professional mental health assistance. >> before i let you go, we talked about the main suspect, the three victims. what about these two brothers? i mean, it's not like he did this alone. the police are saying he had

help with his brothers. we don't know what his role is, but they're under arrest as well. >> sure, it remains to be seen. were these brothers, they would not have been equal partners in this, at least i don't believe that. but were they involved in some of the sexual assault? did they take advantage of the three women while they were in the home? that's certainly possible. is it possible that they helped the brother build the special rooms inside the house that i think you're going to find? absolutely. but to what extent were they all sexual sadists? i'm doubting that. i think it was the brother who lived there, so the extent to which ncaa younger or these other brothers are involved, that will come out. >> megyn: yeah. >> that may be who the prosecutor will work with in terms of finding the full extent of the damage because there's probably more damage there. >> megyn: there's a question about the mental state of these young women. mary ellen, thank you so much. >> you're very welcome. >> megyn: we are learning new details now about the possible

pregnancies of the women while in captivity. we'll get into that. we're learning that ariel castro's son once focused a class assignment on one of the missing women. the details are unbelievable. stay with me. anyone have occasional constipation,

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>> megyn: we want to bring you the latest. fox news has not independently confirmed this but another news outlet is reporting that these women, these three women were forced to have sex with their captors, rape, were raped repeatedly by their captors and that they became pregnant up to five times. they're citing police sources, up to five times. now, we've been told there's one little girl in the house, a 6-year-old, who we understand is the daughter of amanda.

we don't know what happened to those other pregnancies or babies, if they were carried to term. we are also told that the police, according to this report, were searching, quote, disturbed dirt in the back yard where the suspects might have been digging. we have a chopper in the air. we are taking a look at the house and the surrounding neighborhood. if there's activity in the back yard, we'll take you to that cautiously and respectfully, but that is the latest report. this is how it's going to go in this case. the initial jubilation of finding out that the women are alive is going to be followed by some very bad news. it just is. that's what happens in these cases. there's a bizarre twist today already in the case of these three women they were found alive after a decade in captivity in cleveland. i mean, this is in like suburban cleveland. a new report says one of the suspect's sons actually chose to write an article while in college about one of the victims. apparently ariel castro's son

who is called anthony was a journalism student in college back in 2004 and wrote about the disappearance of gina dejesus. he detailed how her case had changed their neighborhood, writing almost everyone feels a connection with the family. he even quoted gina's mother as saying that it's a shame that a tragedy had to happen for her to really know her neighbors. now, we understand that this son spoke with a local reporter and told her, quote, this is beyond comprehension. i'm truly stunned right now, and it appears that when he wrote that article, he was of adult age, so we do not know or have reason to believe he was living with his father at the time. more on that will emerge soon, you can bet. in the meantime, one of the women who survived this weekend's deadly limousine fire near san francisco is speaking out, describing the horrific moments when flames suddenly engulfed the back of the vehicle, killing five of her friends. they were heading to a wedding

celebration. one of those killed was the bride. the driver claims he did all he could to save them but now the survivor says she wants to set the record straight. claudia cowan live with more in san francisco. >> reporter: megyn, by all accounts when that stretch limousine caught on fire saturday night, nine women scrambled for their lives and in a matter of seconds, five of them perished. the driver, orville brown, said he helped pull four of the women to safety, but one of them said he could have done more to help. she said when the limo began filling up with smoke and fire, she yelled and banged on the partition but she said brown did not want to stop the care. he said he didn't understand what she was saying, thought maybe the women were asking if they could smoke. when he finally did pull the car over, ariana said he got out and that was it. she said she was the first to escape by crawling through that partition, and only when she got stuck did brown return to help her and then three others escaped the same way. she tearfully described trying

to save her five trapped friends. >> the whole car was on fire. i said i need to go back. i need to go back and save them. the man said you cannot go back in there. >> reporter: the driver is also distraught but claims he did everything possible amid the confusion, smoke, and fire. brown says he and one of the survivors possibly frantically tried to on the part doors of the burning car. >> i think she was the one that opened the back door first. the lady got stuck, and i tried to pull her -- you know, i pulled her. i said let's hurry up, hurry up. at that point when the door was open, it was horrific. the flames were high. >> reporter: brown said he didn't smell any gas and that no one was smoking. he thinks it was an electrical fire that could have been smoldering for days. that's one of many possibilities in an investigation that's likely to take weeks.

megyn? >> megyn: claudia cowan, thank you. as three separate whistle blowers prepare to come forward tomorrow with their stories on the record before congress about what they say really happened in benghazi, we explain why this terror attack could become the biggest controversy of the 2016 presidential election. and as boston bombing investigators shift their focus now to tamerlan tsarnaev's wife, there is a growing debate over the fate of their 3-year-old daughter. is anyone looking out for the well-being of this child? we did some digging with the massachusetts state authorities and wait until you hear what we found. and three women found alive after a decade in captivity. now could there case help police solve the case of another missing 14-year-old girl? plus more reaction from three very relieved families today. >> it's a miracle of god. it is nothing short of a miracle. i just broke into joyful tears.

gina did remember everyone. she asked for her brother and sister and her nieces. she's healthy. she looks really healthy. i'm being told she's healthy. she's thin. have hail damage to both their cars. ted ted is trying to get a hold of his insurance agent. maxwell is not. he's on geico.com setting up an appointment with an adjuster. ted is now on hold with his insurance company. maxwell is not and just confirmed a 5:30 time for tuesday. ted, is still waiting.

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>> megyn: fox news alert. a new lead we're following on the drama in cleveland, ohio. three young women escaped a home there last night after more than a decade of being held hostage. and just about a half hour ago, two neighbors of that homeowner

reportereportedly came out sayit police were called twice in recent years to investigate suspicious activity there. one man said he heard pounding on the doors at the house and another neighbor said her daughter once saw a naked woman crawling on her hands and knees in the back yard. both say the police came, they looked around, but they never went inside the house where the three women were found monday after a frantic 9-1-1 call. our trace gallagher has some new details on all of this and we will bring them to you as well as new details on the three men. we'll bring that to you just ahead. with all due respect, the fact is we have four dead americans. was it because of a protest or was it because of guys out for a walk one night who decided they'd go kill some americans? what difference at this point does it make? >> megyn: that was former secretary of state hillary clinton back in january testifying about the false

talking points, the misleading talking points offered by the obama administration in the wake of the benghazi terror attack that killed four americans, including our and. tomorrow, for the first time publicly, we'll hear directly from the whistle blowers whothid the response, put politics ahead of security, and has been misleading the american people since the day of that attack. some are now suggesting that tomorrow's testimony will provide not only some much-needed answers but could also throw mrs. clinton's political future into question. brit hume is our fox news senior political analyst. he's with me now, brit, she may wish she never did that. i mean, the consensus was that that was an orchestrated moment when she gave that testimony. what difference does it make? it was the most emotion she showed in the testimony, but you have to wonder why she did that now and got so emphatic on that point. what difference does it make? now we know. i mean, now, according to the reporting that's come out this

week, her state department, and we don't know whether it was hillary clinton herself, but her state department was all over changing those talking points to take out the explanation that al-qaeda was behind this and to cleanse the talking points to lead us to believe this is about some spontaneous protests related to a video which we know now it definitely was not. >> reporter: megyn, there's really no way for her to escape responsibility for this if this testimony does what we all expect now that it will do. of course, over the years in washington i've seen many a hype hearing fail to live up to expectations, but if it does live up, there's no way i think she can escape this. i think she recognized from the start that this was trouble. i don't think it was an accident that susan rice, the u.n. ambassador who was kind of an unusual choice, was the person who went out on the sunday shows to recite those talking points. i think then secretary clinton knew that the talking points were shaky. she may have participated in making them shaky, but she did

not want any o of that mud on hr shoes that might be caused. susan rice, of course, has paid a price for being the one who recited them. we also know, as you suggest, victoria newland, a state department spokeswoman, with a involved in the crafting of the talking points. she reports directly or indirectly to hillary clinton. she said my building, that means hillary clinton's state department, had a problem with this or that or the other thing and they were changed at her behest. secretary clinton cannot escape responsibility for that. >> megyn: brit, as a practical matter, you've got her writing that i've got serious concerns about the draft when they talked about al-qaeda. i've got serious concerns about the draft. i'm worried this is going to be used against the state department for not paying attention to cia warnings and that they keep revising it. we're still unhappy. they do not resolve all my issues and those of my building leadership. on a terror attack against, you

know, our consulate that resulted in our ambassador being killed, is it plausible that building leadership did not include the secretary of state, hillary clinton, that she would not be involved in weighing in on how we were going to respond to this publicly? >> reporter: well, look at it another way, megyn. let's assume that she claims that she didn't have any responsibility for that. what does that say about her stewardship of her department at a moment when a terrible thing has happened to an ambassador whom we're to believe and she's given every indication she had great faith in and cared a lot about? the murdered ambassador there was her subordinate. the staff there at the embassy were her subordinates. so if she tal took a walk during this, that doesn't exactly recommend her for the person that will receive the middle of the night phone calls, does it? i mean, i don't think there's any way for her to escape this even if she succeeds in arguing that she didn't have the her

fingerprints on it. if she didn't, she should have. when she heard the talking points recited, she had to know they were wrong. if she didn't, that's dereliction, and if she didn't know they were wrong, she should have said something. so she's -- i just don't think there's any juan guevar any way. look. she'll get a vast amount of for giveness. she's an icon of the democratic party. a lot of people in the immediata will want to excuse her if they can, but the facts will prove too heavy. >> megyn: i want to ask you that. how does this influence her decision about whether or not to run? obviously she'll take some hits if she runs and her opponent in the primary or general election will use it against her. do you think this could keep her out of the race? >> reporter: we have to see how bad it gets, but it's certainly a weapon in the hands of her potential opponents, both within her party and in a general election if she gets that far. the other thing, megyn, is this also contributes to another question which is was she really a very successful and special

secretary of state? i think the case for that is pretty weak. there was no great clinton doctrine in foreign policy. are there any treaties she forwarded and help negotiate that made a big difference? is the situation in the middle east which has always been a tin der box which every american secretary of state must deal with, is that markedly improved by virtue of her stewardship of the state department? i think the answer to all of those questions is probably no. is this really a great credential for her as the last job she held going into a presidential cain? >> megyn: now we see. i've got to run but now we see as these hearings take place that this has become much more than about misleading the american people and a fox news investigation. i'll give you the last word, brit. >> reporter: well, i would just say we also have the additional question of why the security was not beefed up at the embassy and why nothing was done to try to rescue these people when everything hit the fan, and

there are a lot of questions that remain unanswered. we may get some of the answers to that as well. this could end up being an even bigger debacle than the cover up represented by the talking points. >> megyn: brit hume, great to see you. >> reporter: thank you, megyn. >> megyn: coming up, as boston bombing investigators shift their focus to tamerlan tsarnaev's american wife, there are growing questions about the status of their 3-year-old daughter. is anyone looking out for the well-being of this child? we looked into it. wait until you hear what we found. i'll tell you you right after the break. shocking allegations against an air force official in charge of the air force's sexual assault prevention program. wait until you hear what he's now accused of doing. and who are these brothers? they are accused of holding three women hostage for a decade. one witness coming forward moments ago to say they might have seen one of the suspects at the vigils for the missing girls. the news keeps breaking. stay tuned. >> the real hero is amanda. she's the real hero.

i mean, she's the one that got this rolling. you know, we're just -- we're following her lead. without her, none of us would be here today.

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>> megyn: as those investigating the boston bombing now shift their focus to tamerlan tsarnaev's american wife, there are growing questions about the status of their daughter. is anyone looking out for the well-being of this 3-year-old

little girl? the child was apparently living in the same home where her father and possibly the you yo e allegedly made the bombs, at least six of them that we know of. joining me now, wendy murphy, formeformer prosecutor and victs rights advocates. according to reports, they found trace explosives all over the 800 square foot apartment from the kitchen sink to the bathtub to elsewhere in the apartment. we believe up to six bombs could have been made there. we know the tamerlan tsarnaev father was a terrorist. we don't know whether the mother was or wasn't. we just know the fbi is wanting to talk to her. according to some reports, she's not cooperating. are there reports of dcf looking into this, checking out the custody? >> that's a really good question. thus far i haven't read that she's under investigation, but what's interesting about massachusetts law and it's not like this everywhere. any person can file a complaint with dcf asking that there be an investigation to determine the

answers to those exact questions. look. under massachusetts law, it is considered child abuse if you either negligently or intentionally fail to provide for your child's emotional stability, so whether she was in the apartment knowing that the bombs were being made, exposing her child to that, not to mention exposing her child to two terrorists planning to kill people, or whether she wasn't in the apartment because as some reports say, she was working 80 hours a week, so she was elsewhere while they were secretly doing it in front of the child, that's negligently allowing the same thing to happen, and in both cases, she could be in very serious trouble and she could lose custody of her child. if she lies to any of the officials investigating any of this, she could well find herself in a federal prison. that's a six-year stint, lying during an investigation of this sort. >> megyn: yeah. the massachusetts statute as i see it says a judge may consider taking away legal or physical

custody if the child i's present or past living conditions adversely affect that child's physical, mental, moral, or emotional health. how can you say living with a terrorist making bombs in front of you couldn't have any impact? i realize thes she's three, buty say a lot of our character is cooked by the time we're three. shouldn't they be looking into this? >> i think so. the question is, who's going to file the complaint. if somebody doesn't, megyn, i will. i promise i will do it. anyone who cares about kids, and i'm an advocate for kids can do it. you cited the law. it's really generous to kids because we want to protect them, and the question isn't does the three-year-old know what a bomb is. that's not the standard. the standard is is the child being exposed to things harmful to her emotional well being. >> megyn: or physical. bomb making can go wrong. >> there you go. you know, we know that this puts the child at risk whether the child knows it or not. i've seen cases that i've been

involved in where mothers have lost custody of their children for failing to protect them from domestic abuse in the house, from the kinds of fighting that we know causes severe psychological harm to children. this is way past that. > >> megyn: can they look into that even though now she's gone and living with her parents in rhode island? can the massachusetts state authorities even still look into it? >> yes, they can. the question of jurisdiction is based on the circumstances of the child's living conditions at the time. now, would they have to depend oin some sense on rhode island officials to help facilitate an investigation? in other words, can they transfer i it to rhode island? yes, they can, and maybe they will. they won't do it sui sponte. they need somebody to file a complaint. i hope that happens. >> megyn: we'll stay in touch and find out what, if anything is done. it's a crazy parents wher worldy

sammy have to submit themselves to oversight and for this woman, nothing. thank you, wendy. coming up, new information on the three missing girls found alive in ohio. we just received brand new mug shots of the three involved. wait until you see. [ male announcer ] citibank's app for ipad

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helps him deposit his checks. jay also like it when mother nature helps him wash his car. mother nature's cool like that. citibank mobile check deposit. easier banking. standard at citibank. foxwashington where we are g remarks from the secretary of defense. there is serious new trouble for the air force after a series of sexual assault cases. and no now a top staffer in chae of the sexual assault prevention team has been charged with a sex crime himself. >> megyn: national security correspondent jennifer griffin live at the pentagon with more. jennifer? >> reporter: megyn, after months of being accused of ignoring epidemic levels of sexual assault in the military, 33 air force instructors allegedly

accused of sexual assault themselves, the air force officer now in charge of preventing sexual assault is charged on sunday morning not far from the pentagon with, you got it, sexual battery. 41-year-old lieutenant column cl jeffrey kruskinski was arrested early sunday morning. he was immediately suspended from his job as head of the air force sexual assault prevention and response office. >> on a decidedly negative note, both secretary donnelly and i were appalled at the deeply troubling sexual battery allegations against the chief of our sexual assault prevention and response branch on the air staff just this weekend. >> reporter: crew sin ski was arrested in a parking lot in crystal city, virginia for allegedly assaulting a woman while under the influence of alcohol. defense secretary chuck hagel is expected to address this incident about an hour from now, all of this happening on the same day that the pentagon is putting out a comprehensive report on sexual assault in the military. senator carl levin gave a

preview of that report. he said every day there are at least 70 reports of sexual assault in the military. we've just gotten a copy of the pentagon report. most shocking, perhaps, is there were 3,374 incidents of sexual assault reported in the past year alone, megyn, an increase of 6% from the year before. >> megyn: unbelievable. all right. jennifer, thank you. incredible. just ahead, judge napolitano joins us live on these cleveland kikidnappings and the growing question of whether cops could be in trouble for not finding these women earlier, especially in the wake of the reports we brought you earlier which we'll go over. plus, katy beers was held captive underground for 17 days by her captor. she joins us live ahead on what's ahead for these women. this is kate. she likes a man with a little hair on his chest. but definitely not on his back. this is hannah. she likes a guy with a smooth stomach to show off his six-pack. [ ding! ] and this is genesis. she likes men completely hairless

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>> megyn: we're learning more about the lives of the three young women who have been held hostage in a major city for more than a decade. including reports that one of these victims knew the man suspected of kidnapping the three young women. brand new hour here of "america live". welcome, everyone. i'm megyn kelly. their story of survival since it broke last night has gripped the country. new details are shocking. the three women include michelle knight. she's 20 years old. we don't have a picture of her. she was 20 years old when she disappeared back i in 2002. amanda berry va vanished in 200t the age of 16.

that case got a lot of press. gina dejesus was 14 when she went missing about a year after that, all in the same area. according to local media reports, two of the women were often held in the basement and one woman in a room upstairs. that's the first we're hearing. neighbors in the cleveland neighborhood say they've seen strange things at the house where the women were held, and now there is a report from the associated press that two neighbors say they called officers on at least two separate occasions and we'll get into the details of those in one second he when judge napolitano joins me. police say they have no records of any such phone calls, but they continue to comb their records. the house at issue belongs to a man named ariel castro, and here it is. the mug shot. ariel castro shown here on the right and those are his two brothers. would you look at this photo? i mean, police say these three men knew and held captive three young women for ten years, and

one of them had a baby in captivity. neighbors say that they've seen ariel castro take a young girl to the playground, presumably that same child found in the house with with the women, a 6-year-old. she is believed to be amanda berry's daughter. castro and his two brothers identified by police as pedro and onil are under arrest. we're waiting their initial court appearance where charges will be initially filed. relatives of gina dejesus say ariel castro was related to gina's best friend, and that he even attended vigils for the missing girls. >> with all the vigils you've had for the last nine years, has he ever been to them? >> if i can recall, i've seen him twice, and i mean, you go through the footage of all the vigils, i've seen him twice there. >> how does that make you feel? >> angry. i'm mad. i'm mad right now, you know. he involved himself. he was more like a step ahead of us through this whole process,

but we got him. >> megyn: not unusual for kidnappers to do that. in fact, police generally will comb footage of memorials to see who is there and to follow up. i don't know whether that was done in this case. certainly didn't produce results if it was. trace gallagher has more. trace? >> reporter: you saw the pictures of the three brothers, megyn. the two brothers lived elsewhere. ariel castro lived inside the house where the women were being held. in fact, he has owned that house since 1992. that home is currently in foreclosure because the back property taxes have not been paid. one neighbor claims that ariel castro was very seldom at the house but others say he was there often, spending time with his dog, his cars, his motorcycles in the back yard, and that he always entered through the back door and most neighbors agree that the home was mostly dark. the lights at night were never on. castro was arrested for domestic violence and disorderly conduct back in 1993. he has been stopped six times over the years for traffic

violations. in fact, even lost his job as a school bus driver for making illegal u turns. in 2004 he left a child on one of his school buses and police went to his home. the home where the women were being held. they found there was no criminal intent with the bus driving incident. his daughter was sentenced to 25 years in prison for attempting to kill her baby cutting the baby's throat. the baby survived. castro's son also named ariel who goes by the name anthony is a freelance journalist, and while he was at bowling green back in 2004, he wrote a story on the disappearance of gina dejesus. remember, the dejesus family and the castro families knew each other. he even interviewed gina's mom who told him, and i'm quoting here, you can tell the difference. people are watching out for each other's kids. it's a shame that a tragedy had to happen for me to really know my neighbors. bless their hearts. they have been great.

the son today said that this is beyond comprehension, that he is stunned. on his facebook page on may 2nd, aeria aerial castro wrote,d i'm quoting. miracles really do happen, god is good. he added a smiley face. one more footnote, megyn. the basement that these women were allegedly held in, 470 square feet. the house, four bedrooms, one bath. >> megyn: oh, good god. trace, thank you. joining me with more is judge andrew napolitano. he's our fox news senior judicial analyst. people are from u frustrate ando blame people. the three men to blame are on the screen in those ridiculous mug shots, according to police. there's a question about whether the police and the state of ohio, division of child and family services, perhaps, dropped the ball here because now there are reports according to the associated press that the police were called not just the two times they told us about to

the house for unrelated issues. >> right. >> megyn: but one neighbor says her daughter saw a naked woman crawling on her hands and knees in the back yard. they say the police came and looked around but never we want inside the house. >> you know, we could -- you and i and people observing this now could make a very strong case for the police having dropped the ball. we can do so in hindsight. >> megyn: uh-huh. >> we can also make a strong case against agencies of the ohio state government having dropped the ball and three innocent people, a fourth because there's a child, a baby, having suffered egregiously as a result of this. the public policy of ohio and of all 50 states prohibits suing law enforcement because it didn't do its job. now, if a cop punches you in the nose because he doesn't like what you say, financial, yo of n sue the cop an the police department that employs him. >> megyn: because it's an intentional act. >> yes. because it's a discretionary act on his part. he chose to do it.

but protecting the public is not a discretionary act. the police are obliged to do it. they're immune from decisions made for protecting the public. state differently, their failure to assure your safety or their failure to catch the bad guy cannot form a basis for a lawsuit against them even if you suffered exquisitely as a result of those failures. >> megyn: is it anyone's responsibility other than the police to go look for missing children? these women, two out of the three, were children when they were first abducted. >> well, yes. however, the government of ohio treated this as runaways, not as kidnapping. >> megyn: which is a problem. that's a problem. before i get you to comment on that. i want to show the viewers with john walsh who lost his little boy adam in a kidnapping where he was murdered, little adam was. he knows this case because they profiled it many times on "america's most wanted". >> amanda berry's mother before she died, and we ro profiled ths

girl three times, said i'm absolutely incensed in the beginning that police listed her as a runaway, and gina dejesus' parents still to this day cannot understand why she wasn't an amber alert. i say you're literally by your assumption that this woman is a runaway, even though all the evidence suggests she's not, you're signing her death warrant by not looking for her. i don't really think anybody was looking for michelle knight except her parents or her mother. >> megyn: they say the woman who is an adult, michelle, they said oh, she's a runaway. the family said no, no. the police convinced them yes. >> i think john walsh is probably right. first, he's a very smart guy. second, because of his own family tragedy, he's the country's expert on this type of stuff, abuse of children, criminal abuse of children. the state of ohio like all states has taken the position that we don't want police to be sued. look, there's a growing body of belief, still a minority but a growing body of belief that police would actually be fairer and more efficient if they had

to answer for their misdeeds, but that is not the law. >> megyn: if we hold the police responsible, we're really holding the people of ohio, of cleveland, first of all, because they don't have their own fund. it's the taxpayers dollars. >> they may have insurance for this, but insurance would be very difficult to get and very expensive. >> megyn: what about -- i mean, i don't know what kind of assets these cass astros have. >> they have nothing. >> megyn: the house is in foreclosure which raises interesting questions. why -- i mean, if it was in foreclosure, was it just a a matter of time before somebody shoulder up and he got found out? >> well, when the bank puts a property in foreclosure, the bank has an obligation to inspect the property. we don't know. we just learned from trace gallagher that it was in foreclosure. how long was it in foreclosure? was it last week or three or four years ago? uninspected, unreviewed with a dungeon existing in the basement. >> what about the little girl, six years old, judge. we don't know how she was born. obviously she was born while amanda was in captivity. she was in captivity for ten years, the child is six.

we have no reason to believe they ever left this house or let amanda give birth to that child in a hospital. if we find out that was the case, now that we hear reports that the father brought -- well, i shouldn't say he's the father. i'm assuming that the defendant is the father. brought her to the playground. if he took her out sometimes, according to eye witnesses, if he was bringing her, i don't know, to school? could it be possible she went to school, to hospitals? there were red flags. i don't know how far this could go. >> i think the police will be a little red-faced when all of this investigation is over and quite frankly, megyn, i'm glad the fbi is involved. i don't want to criticize the police in cleveland. they have their hands full. but they didn't look thoroughly enough in this case, and we all need to know what happened so that this cannot happen again. in terms of that child, you know as well as anybody there are certain things that children can only learn, certain values they can only acquire in their infancy. if this child never learned those values and the never leard those things, she may never live a normal life because she was

not rescued until she was age six. >> megyn: the one thing she has going for her is her mother had, from all accounts, a normal first 15 years, and so hopefully the mother was somewhat well enough to help her and the other women who were in that house, but we just -- we don't know. >> we've already crossed the cleveland police in not telling the truth. they have to tell the truth, whether they have a black eye on this or not. >> i want to ask you. >> megyn: they're not going to get sued. they can't get sued under ohio law. to underscore. we know who is responsible for this, not the cops. we've got to ask hard questions in the wake of these events. all within three square miles. they were being held right there. it does beg the question of how far can the police go? you don't really like a lot of government intrusion, but should they have gone into that house when these women, girls first went missing? could they have said i would like to look inside? i would like to check your basement? >> even i, the house fox libertarian and former judge, would say a child naked crawling

in the back yard is sufficient to knock on that door and go in and see what's going on and they didn't. >> megyn: judge andrew napolitano, thank you. >> pleasure. >> megyn: we have a fox news alert coming in right now. president obama is live in the east room of the white house answering questions from reporters with the south korean president. moments ago he was asked about syria, and reports of chemical weapons. here is his response. >> stephen, i think that we have both a moral obligation and a natural security interest in a, ending the slaughter in syria, but b, alsot we've got a stable syria that is representative of all the syrian people, and it's not creating chaos for its neighbors. and that's whyr for the last two years we have been active in

trying to ensure that ba sheer assad exits the stage and that we can begin a political transition process. that's the reason why we've invested so much in humanitarian aid. that's the reason why we're so invested in helping the opposition, why we've mobilized the international community to isolate syria. that's why we are now providing non-lethal citie assistance to e opposition and that's why we're going t to continue to do the wk that we need to do. and in terms of the costs and the benefits, i think there would be severe costs in doing nothing. that's why we're not doing nothing. that's why we are actively vested in the process. if what you're asking is are there continuing reevaluations

about what we do, what actions we take in conjunction with other international partners to optimize the day when or to hasten the day when we can see a better situation in syria, we've been doing that all along. we'll continue to do that. i think that understandably there's a desire for easy answers. that's not the situation there. my job is to constantly measure our very real and legitimate humanitarian and national security interests in syria but measuring those against my bottom line which is what's in the best interests of america's security and making sure that i'm making decisions not based on a hope and a prayer but on

hard headed analysis in terms of what will actually make us safer and stabilize the region. i would note not to answer the question that you lobbed over to president park where you suggested even in your question a perceived crossing of a red line. the operative word there, i guess, is perceived, and what i've said is that we have evidence that there has been the use of chemical weapons inside of syria, but i don't make decisions based on perceived, and i can't organize international coalitions around perceived. we tried that in the past, by the way, and it didn't work out well, so we want to make sure that, you know, we have the best analysis possible. we want to make sure that we are acting deliberately, but i would just point out that there have

been several instances during the course of my presidency where i said i was going to do something, and it ended up getting done, and there were times when there were folks on the sidelines wondering why hasn't it happened yet and what's going on and why didn't it go on tomorrow, but in the end, whether it's bin laden or qaddafi, if we say we're taking a position, i would think at this point the international community has a pretty good sense that we typically follow through on our commitments. >> megyn: interesting. president obama there speaking of his own statement that if they use chemical weapons in syria on their own people, that would be a red line, and there would be consequences and saying there you should believe the president, take the president at his word, but saying at this point it's only a, quote, perceived crossing of a red line, and i don't make decisions based on perceive, adding we've done that in the past. he also said with respect to syria he understands the desire

for easy answers, but that is just not the situation here. earlier he also spoke to the relationship with north korea, saying it can no longer create international crises with its nuclear provocation, that those days are over. more from the white house as we get it. back to our breaking news from cleveland, ohio. if you're just joining us, we just got our first look at the mug shots for the castro brothers. ariel castro is the homeowner, we are told, according to police of the home in which these three young women were held for 10 years. the other two are his brothers. they sand accused right now of kidnapping and holding these women hostage for a decade. one of the women was able to escape. we don't exactly know how last night other than she got to the front door and started screaming and a neighbor hel helped her. the police showed up and got the others out. this ability to escape ones captor isn't always what we see in kidnap cases like this.

some have terrible endings, and some have more hopeful ones. eric shawn joins us now with a look at a few other recent cases where the victims did manage to escape with their lives. eric? >> hi, megyn. well, the message today is never give up hope. that's what is being said about these type of long term abductions from one young victim who went through it for nearly two decades. she's j.c. did yoduguard. she was snatched in california when she was 11 years old and was missing for 18 years. she said today the three cleveland women in this case, quote, these individuals need the opportunity to heal and connect back into the world. this isn't who they are. it is only what happened to them. the human spirit is incredibly resilient. more than ever this reaffirms we should never give up hope. back in 1991 she was kidnapped as she stood at a bus stop. her captor was sentenced to 431 years in prison. another on one of the most well

known victims is elizabeth smart. she was 14 when she was taken from her home in an after afflut made in salt lake city. she was held ca captive for nine months by a drifter and a girlfriend who were then convicted. elizabeth has also spoken out and written a book about it. there's the case of katie beers. she was 9 years old back in 1992 when she was snatched by a family friend named john es poty so. katie was missing for 17 days. he stashed her in a specially built underground bunker that he built for the purpose of holding katie. he was sentenced to 15 years to life in prison. katie beers is now 30 years old. she's the mother of two. she recently wrote a book about her experience and she'll talk to you, megyn, in just a moment. turns out the national center for missing and exploited children said 2000 children are missing every day. more than 99% return safely. most, they say, are runaways, wand off by mistake or taken by a relative in a domestic

dispute. of those that are forcefully abducted, 81% and more than -- 81% escape and more than half believe something is going wrong when they're abducted and they're able to flee before being caught. so at least that is encouraging, megyn. >> megyn: thank you, eric. you just heard eric mention the powerful case of katie beers. she joins me now live from washington in our nation's capital for an annual event put on for missing and exploited children. katie, thanks for being here. we have a couple minutes on this side of the break and we'll carry over because of the breaking news from the white house. you maintained your silence for 20 years. you didn't want to talk about. let me get your thoughts on what we've seen today on the three missing women now found in cleveland. >> i'm happy that these women were found and released and i just -- i hope that they can go on and find the support system

that they need, find the counseling that they need, and go on and live a happy and healthy life. >> megyn: is that possible? >> i think that was the correct -- i think that with the correct support system and counseling, yes, it is possible. >> megyn: i know you were held for 17 days. these women were held for ten years. have you met others who have even lengthier terms in captivity than you did? >> i've only ever met so far one abduction survivor, and that was harvey weinstein. i met him when i was i believe 12 or 13 years old. he had a similar situation to me in new york, but i'll be at the hope awards tonight through the national center for missing and exploited children with jaycee dugard. hopefully i'll get to meet her and say hi. >> megyn: i want to ask you about, you know, what it was like? you were nine years old when you were taken. these girls were 15, 14, when they were taken, and what goes

through your head as a young child, not knowing when the end will come, what the end will be? i'd like to pick it up with you there after this break. thanks for hanging in there with us.

>> megyn: katie beers survived a kidnapping or deal that lasted 17 days. she's back with with me now. katie, if you could just take us back. we heard eric shawn report that it was a family friend that abducted you. how did he do it? >> the family friend, john esposito, he actually tried to get me to sneak out of my godmother's house for probably six to eight months prior to him actually abducting me, and finally when i was celebrating my tenth birthday with my godmother, he asked m if he coud

take me to an indoor arcade. my godmother said yes. i was hesitant because my biological mother told me not to go with him because she had found out that he had sexually abused my biological brother. so instead of going to the indoor arcade, he actually ended up taking me to his home and abducting me from there. >> megyn: i know there had been a lifetime of neglect and abuse in your life which wound up essentially putting you in this circumstance, but when you became his captive and we've got the video tape here of the surroundings, what went through your head? you were just a little girl. do you have any idea whether it will ever end? do you have feelings of, you know, fear, of a need to trust this man? >> up until he abducted me and sexually assaulted me, i had trusted him. my biological mother didn't tell me about the abuse toward my

brother, so i didn't know why i wasn't allowed to go with him, but he was somebody that i trusted all of my life, and when he had abducted me, he told me that he was just going to hold me captive until the police stopped looking for me, and then i would still be abducted, but i wouldn't have to be in this underground dungeon any longer. i had no idea when it was going to end. >> megyn: how did you get out? how did it end? >> i think it was a combination of me manipulating him, asking him questions about what my future was going to hold, kids, getting married, work, things like that. also, the police had suspicion

that -- >> it helped that i was able to

confront one of my abusers in a trial. >> megyn: right. there's some closure in seeing the justice system do it' its p. hopefully that same closure can be provided to these women today. you're so brave. thank you so much. >> megyn: thanks for coming on and telling your story. i can't imagine all these years later how hard it must be to acknowledge that piece of your history and to speak out and hopefully help others. katie, all the best to you. >> thank you, megyn. >> take care. >> megyn: we'll tell ow viewers we've got breaking news on benghazi as the whistle blowers get ready to take the stand less than 24 hours from now. stay with us me. that's next. i was cooking dinner for my family.

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>> megyn: we are less than 24 hours away from what is expected to be explosives hears on benghazi. we're learning more on the matter. state department whistle blowers, including the gregory hicks tried to get help to the consulate on the night of the attacks.

>> the testimony as we understand it is a man named gregory hicks will be tomorrow. he will testify he sought help as the consulate came under attack. he will testify that all available resources were utilized. as it looks like now, mr. hicks will directly contradict that. >> mr. hicks has already given information to republicans and democrats in the room.

>> people actually were accountable and involved and will be testifying rather than second hand hearsay that has proven to be consistently wrong. >> megyn: why would they tell a c-130 that it needed to stand down rather than go and help those under attack in benghazi? >> all we can find out so far, megyn, is that the four individuals who were told to stand down, to get off the aircraft, were department of defense individuals and that it was a problem that they were perceiving of not wanting armed u.s. military to go in relief of these men and women in distress, both in the consulate and obviously in the annex, and that's one of the great questions along with questions such as why wasn't there any attempt at any response or at least trying to get permission to respond with jet aircraft or other assets for seven and a half hours as these men died? >> megyn: one of the most startling things that has come out recently is the chang chainf

events with respect to the talking points, the now infamous talking points that led to our un ambassador susan rice going on all five sunday talk shows and telling us this was not preplanned or premeditated and seeming to down play any connection, a narrative continued by other administration officials in the week or so or weeks after that. i want to talk to you about those initial talking points. the initial draft and it's recounted very nicely by steve hayes in the weekly standard this sunday. the initial draft of the cia's talking points, let's put it on the screen so the viewers can see it. this is from the cia, the intel, this is what they wanted susan rice to talk about first. we believe based on currently available information that the attacks, attacks in benghazi were spontaneously inspired by the protests at the u.s. embassy in cairo and evolved into a direct assault against the u.s.

consulate. let me just start there because after state and others got their hands on that during that period odraft, one changewas made, mane made. i want to call the viewers' attention to the next change. let's pop it back on the screen. attacks suddenly got changed to demonstration. look at this. the currently available demonstration suggestion that -- information suggests that the demonstrations in benghazi were spontaneously inspired by the protests at the consulate. this explains to me some of the confusion that evolved by greg hicks and others about who on earth started talking about demonstrations because there the weren't any. now it appears, mr. chairman, you tell me, that attacks was changed to demonstrations at the behest of the state department. >> well, either that or people in the white house, it's very clear, though, that this was a political change and one that flies in the face of two other statements. the last statements made to

gregory hicks by ambassador stephens in which he said greg, we're under attack, and the actual statements made by the president of libya on those sunday talk shows on face the nation in which he called it a premeditated attack, said that september 11th was a chosen date, and ambassador rice managed to contradict the president of our host country. >> megyn: okay. i have that queued up. i have the part where the president of libya having just said that, and bob schieffer asked susan rice to respond, and here is what she said. listen to her on cbs face the nation. >> you do not agree with him that this was something that had been plotted out. >> we do not agree have information -- we do not have information at present that leads us to conclude this was premeditated or preplanned. >> megyn: i want to ask you, mr. chairman. both the initial reports say

these were spontaneous inspired by the protesters at the u.s. absence. is she, you know, consistent with the talking points? it could have been spontaneous, and nonetheless carried out by al-qaeda. >> this was, in fact, an attack on this compound and on the cia annex and it was done deliberately. that will always ring to the

american people greg, we're under attack. mr. hicks went out of his way if he had seen a protest. he would have gone out the back door and been gone. that did not happen because there was no warning. as far as we can tell this attack began at the same time that they compromised individuals that were supposed to be guarding individuals. they were attacking without warning. that's what we believe to be true now. that's what the cia had as far as evidence. >> megyn: i want to show the viewers that. i want to show the viewers. for weeks we were told by various members

now the question is since the secretary and the president have sort of stood behind and allowed these people who made false statements and false allegations to continue to keep their jobs. the question is where is the accountability for lying to the american people? i use that word very carefully. the american people were lied to and today the defense of the administration is that they changed these talking points because they were protecting classified information. i challenge the administration to come forward and tell us what they were protecting other than their own back sides. >> megyn: darrell issa, we'll watch with great interest tomorrow. thank you for being here. >> thank you, megyn. >> megyn: taking your thoughts on it. follow me on twitter

@megynkelly. up next, three brothers are in custody accused of holding three women in captivity inside their home for ten years. could others have known about this? what are the likely charges? how are they likely to defend against this, and could there be murder charges?

>> megyn: kelly's court is back in session. on the docket today, the case of these three ohio women kept hostage inside a home in cleveland for three years. sorry. ten years. they're now free. two of them were snatched when they were just teenagers.

the third we believe was about 20 years old. thertheir alleged captors, three brothers, are now in custody and facing charges. in fact, we could hear those charges any moment now. could others have known, however, about their alleged crimes? could this have been done without others knowing, and about the horrific imprisonment of these women. joining me now to discuss it, fox news legal analyst mercedes column wicolwin and faith jenki. let me ask you as a former prosecutor, faith, what rargs k45rchargeswill likely be broug? >> initially multiple counts of kidnapping. under these facts, megyn, it will be a felony in the first degree. felony in the first degree kidnapping for these guys. in addition to that, it appears there's going to be some sexual assault charges even if not initially filed in the initial complaint. i think as the investigation goes forward, based on what we're hearing, it's likely that these women were sexually assaulted over the course of these years. >> megyn: and given that, okay,

let's just start with that and i'll stick with you on this, faith. kidnapping, at least three counts and rape. it would be multiple counts every time. absolutely. >> megyn: if all three of them were involved in that, al are al three look at live in prison? >> absolutely. you're looking at a minimum of 15 years in prison, a maximum of life in prison. in a case like this you'll look at sentences running consecutively which is one after the other. even if a prosecutor were to offer some kind of deal for the simple fact of not making these women have to testify in a court of law against these guys, you're still looking at consecutive sentences. i don't think any of these guys will see the light of dagen if the facts continue to come out as they have been today about this case. >> megyn: what about it was aerial castro's home. he appears to be the main guy. the brothers are also under arrest, mercedes. i don't know what their role was, but we're all making assumptions. you've got those two family

members and other family. is it possible these women were in there for ten years and no other family members knew? >> how odd would it be. aeriaariel castro agency son interviewed the mother of one of the captives. how is it the son, dejesus and ariel cas cass tropical were fay friends. > >> megyn: he was in college at the time. i don't know that he was living with ariel castro. i don't know about that son. i want to ask this. if they can prove a family member or a friend had knowledge of the girls in that basement, the women, and they became women over the course, could they be charged, mercedes? >> absolutely, aiders and abettors. they knew of the crime. they may have assisted in the crime, aiders and abettors. they can be charged equally for the same charges the castro brothers are facing. >> megyn: there's an nbc local news report that at least five

pregnant nancypregnancies occur. it's described that the babies did not survive. what does that mean, babies were born alive? if they were, could there be murder charges in the case? that's next. stay with us.

>> megyn: all right, so again, this is a local nbc news report citing several police sources who say that they -- that up to five pregnancies resulted during this time frame and yet we only have one baby who is now six years old. so my question to you, faith, you're saying it is unclear what happened following those pregnancies. if we had babies born alive that were harmed, i mean, you're looking at possible murder charges, are you not? >> right. i mean, if th as the prosecutorn

this case, megyn, i would be so aggressive. i would pursue felony murder charges. if these babies were born alive and then died, they did so while this individual or these individuals were in the commission of a felony which is rape and kidnapping. those are the charges that i would pursue. in a case like this, you're so happy that these girls are back with their families, but justice can never really be done. as a prosecutor, you want to absolutely be as aggressive as you can. >> megyn: right. you can't give them their ten years back or their childhood, their freedom, their peace of mind, their mental health. mercedes, my last questioner to you. how do you defend against these charges if you're a defense attorney? >> keeping this men alive is really what it is. you can't possibly say they were insane. you can't be insane for ten years. this isn't something that suddenly came up. this is a situation where we're going to keep you alive. >> megyn: why can't you be insane for ten years? why can't they say they're criz, it runs in the family? >> they can try but they'll be laughed out of court. only 2% of these insane types of

defenses are successful, 2%. to have something like this, to come forward, i mean, i've seen cases where they'll come forward and say hey, by the way, there was consent involved. consent? really? these people were tied down. how could there possibly be consent for rape? how could they allow themselves to be treated like animals for 10 years. >> megyn: last question, and then i'm up against a hard break. do you think they'll strike a deal to spare the women the pain of testifying? >> i think it's possible, but i don't think there will be a deal. if these men would somehow be subjected to doing anything less than life in prison. >> megyn: spare their lives and we'll see. panel, thank you so much. we'll be right back.

if you see something, say something. hug your little ones. here's shepard. >> shepard: first from fox at 3:00, a decade-long nightmare ending with screams, a daring escape, and the throw missing women finally reunited with their families. all women were victims of separate kidnapping, cases that gripped the cleveland area for many years, and people said they thought the women would never be found alive. now police say the women were tied up in a house for years, unable to escape, and you can see here, all this time, they were not far from where they'd first disappeared. trapped in a home just a short drive away with no way to contact the outside world, we're