covered where it comes down to likability or lack thereof of the person in focus, in this case, jodi arias was not likeable and by a jury, found despicable. first-degree murder. >> well, moments ago in a courtroom in arizona a verdict came doing for jodi arias after 67 days in court. the verdict is guilty. here is the tape. >> we, the jury in the above entitled action upon our oath find as to count one first-degree murder guilty. a jurors find premeditated, zero find felony murder, 7 find both premeditated and felony. >> all right. dan springer is outside of the courthouse. dan, tell us what you know. >> reporter: andrea, just before that verdict was read i can tell

you there was a chance outside the courthouse justice for travis, they were chanting it over and over again. a big crowd of over 300 people and then as that verdict was read, they erupted in cheers. this was definitely a crowd that was against jodi arias. she did not many fans here in phoenix over the course of the last four years. i can tell you that inside the courthouse, the courtroom, travis' family was there and they could be seen smiling and cheering and hugging each other and crying tears of joy, frankly he had couple family there, sisters, brothers and many friends who have followed this trial from the beginning. very little reaction from jodi arias. i could see she was biting her lip and appeared as if she may started crying but didn't. she looked back at her mother and her aunt and a friend that were seated hinder. again, not a lot of emotion from

anyone connected to jodi arias. what this means now that the jury will come back tomorrow. they were asked to come back 1:00 tomorrow. that starts what is called the aggravation phase. the verdict phase and now they go to aggravation phase and both sides will present evidence whether there is an aggravating circumstance that could lead to her being executed. that will start at 1:00 tomorrow. the jury, the same jury will decide on that. if they come back and say yes, there is aggravating circumstance of cruelty, then start the penalty phase and that could be a two-week process in which both sides argue whether jodi arias should be skitd or not. >> bob: 200they have to come back tomorrow and start another phase to this trial. how does it give time to put witnesses together? >> as i understand, this is a short part of the trial.

it's less than a day. so both sides have presented evidence that this was a cruel crime. i also heard from legal experts here in arizona, sometimes these lawyers do present witnesses. so we might in fact have a mini trial in the aggravation phase. what they are going arguing is whether this was extremely cruel. the judge already tossed out other factors, other aggravating factors. they are hanging in their hat, prosecution that is, one factor was it cruel? they have to argue the prosecutors do that travis suffered extensively during the slicing of his neck and he was shot and all 27 stab wounds. how much time will it take to make the case, i don't know. how much time defense will take, we don't know. typically that phase of the trial lasts only a few hours. >> kimberly: it's kimberly

guilfoyle. so it's took time and to try this pretty quick because the defendant was on the stand for 18 days. they had tremendous amount of evidence to go through. with respect to the phase in the penalty phase, aggravating factors, we have a little bit of insight from the jurors, seven of them said that they committed felony and it was present pre-med at a time. others found there was premeditation present. they have heard testimony from the medical examiner as to the cause and manner of death which is i think in and of itself heinous. i don't think it will take long for that to determine. >> reporter: i agree with that. that is why the aggravating phase may be over tomorrow. the penalty phase when you mentioned seven of the jurors came back with felony murder. that is really important because that may tell you they may not want to execute her. they will be the same jury that will hear the penalty phase of this trial which is whether or not she gets life in prison behind bars or she is executed.

>> andrea: let's go to on the record's greta van susteren. greta you heard the charges come down. can you walk us through the charges and what they mean. >> greta: i can tell you quite frankly she got murder in the first degree, that is bingo for the state of arizona, the prosecutors, because they want to execute her and they had to get her convicted of first-degree murder. i am told they would have taken murder in second degree but they won on murder one. this is very sobering experience moment for the defense lawyers because now they have gone from trying to prove or disprove the prosecution's case on whether or not she did it on or whether it was self-defense. now, they are going to have plea for her life. remember the defense lawyers stood in front of the jury, nine out of ten days he doesn't like his client. how in the world she is worth

saving. it's beyond me why he said that. typically, i've done death penalty, if your client is at least bit sympathetic, you want to put your client before the jury and make a statement to the jury in the penalty phase but had her on the witness stand for 18 case. she is locked into how they feel about her. she can't look soft and squishy and save my life because she made herself like a liar for 18 days. she has been sarcastic with the prosecutor. this is enormous problem for the defense lawyers. you can't imagine what the problem. much of it they created themselves by the tactics they took in this case. look, i do regret being monday night quarterback, this case from the beginning i haven't understood the tactics for it. obviously, now the defense lawyers have the verdict to contend with. >> andrea: greta, we thank you so much. let's go to cleveland, ohio

where the cleveland police department is holding a press conference live. it looks like we have a deputy chief speaking now. >> they are on their the road to regaining their own personal lives. we want the media to give them a little space and a chance to recover because we all recognize is very traumatic incident. over the last two days is to gather as much evidence and understand the facts as of much as we can. certainly at this point, we don't have answers to all the questions that we have. the cleveland office and federal bureau of investigation, partners from washington have completed the search of the seymour avenue crime scene and collected the evidence they believe is necessary to successfully proceed to the criminal proceedings. we will not today, however, discuss the results of the search or the evidence that was

seized at the crime scene. i'm joined this afternoon by city of cleveland prosecutor, special agent of the closely office steve anthony, chief of police, michael mcgrath and deputy chief of police ed tomba. prosecutor perez will provide a synopsis that was presented for his consideration and his decision. following the decision and the comments by prosecutor perez, deputy chief of police will respond to those questions which he can at this point answer. i know you've heard this before, i would like to share one last time. at least for today this is an ongoing investigation. there is evidence that cannot be disdisclosed at this time. i know that our law enforcement officials to provide accurate information to the extent

possible. i would like to introduce city of cleveland prosecutor victor perez. >> good afternoon everyone. my name is victor per easy and i am the chief assistant prosecutor for the deficit of cleveland. first and foremost, i believe i speak for everyone in our city that we are a happy that michelle, gina and amanda are safe and healthy. second, i would like to thank the citizens that came to amanda's immediate assistance that led to the discovery of michelle and gina. i would also like to commend the members of the cleveland division of police, the sheriff's office, federal bureau of investigations for their dedicated work in conducting the investigation in this case. regarding this case, i just find criminal complaints charging ariel castro with four counts of

kidnapping and three counts of rape. these are first degree felonies. defendant will be a reigned tomorrow morning in cleveland municipal court and his case will be transferred over to the court. the prosecutor's office will then proceed with the prosecution of these criminal cases. this case will proceed to the grand jury chat time i expect will result in indictments on these charges and may result in additional counts. as it release to pedro and onil no charges will be filed at this time. there is no evidence that these two individuals had any involvement in the commission of the crimes committed against michelle, gina, amanda and the minor child. however, both of them, too, have cleveland municipal courts for

misdemeanor cases. dismiss misdemeanor cases will both be heard in cleveland municipal court. >> finally as the chief prosecutor for the city of cleveland born and raised in puerto rico, i want everyone to know that the actual defendant in this criminal case are not a reflection of the rest of the puerto rico community here or in puerto rico. i also want to remind everyone that this is in our a pending criminal matter. we will not be able to provide any more comments at this time. thank you. >> questions? >> for kidnap victims are gina, amanda, michelle and the young child. victims of the rape are gina,

amanda and michelle. >> state your name and what media outlet you are working for. >> brian from cnn, can you tell us about the search we are finding out about just now about a second residence on seymour avenue where they went in protective suits and dogs, two doors down from the castro home? >> that is a continuation of the search that we conducted at the home on seymour avenue during the course of our investigation over the last couple of days. information was obtained that provided us enough probable cause to seek a search warrant to go into that house with an attempt to secure evidence. no suspects there and what is

going on that the f.b.i.'s evidence recovery team. that is their crime scene unit. they do put protective suits on and they go in there with gloves and they search and photograph very meticulously the contents of that home. well, i can't tell you the exact connection but i can tell you during the course of our investigation, information that was obtained led us to that address. >> good evening, i'm ainsley earhardt and i work for fox news channel. a lot of our viewers, did these girls over the course of that ten-year period, 11 year period every try to escape? were there drugs involved. was ariel castro drugging these girls? what allowed them and what window of opportunity allowed them to escape this time? >> number one we're not positive of any type of drugs. that is yet to be determined. number two, the only opportunity

after interviewing the young ladies to escape was the other day when amanda escaped. they were in that home -- i don't believe -- they don't believe they have been outside of the home for the last ten years respectively. >> were they kept together in one room? >> they were not in one room. they did know each other and they did know each other were there. >> one more question, what isipe father? what will that be? >> that is amanda's daughter. as far as the relationship, that hasn't been determined. there is going to be a paternity case. there was search warrant issued on the suspect to obtain his dna. >> thank you. >> i wanted to know if mr. castro was cooperating with investigators? was he speaking to you.

do you expect any other victims beyond this? >> yes, he was read and provided his miranda rights which he waived and he did speak with us and provided us, the division of police, f.b.i. and prosecutor's office with a detailed statement. as of right now, we don't anticipate any other victims where sleet suspect. >> can i ask one more? what about the reward money, if anybody will receive any reward money? >> we don't but we are actually discussing that. that will be up to the entities that put up the reward money and what their protocol is. mr. ramsey does deserve something, a lot of credit and he is the true key to this case. >> thank you. >> tom bear it's with channel 3 in cleveland here. would it be safe to say bulk of the case is statements on the

women. how much of the case is based upon what they told you? >> that is the major part of the case is what they told us and what the other suspect told us and what the young ladies told us. they were the ones that were there. they were the main players in it. what they told law enforcement was key. that will be a key parted in the case. >> were they able to get into the ten-year narrative. so much has transpired. how much detail did you get? >> as far as the history of it, i mean, it was a lengthy interview. i don't want to get into that. victims of rape, victims of traumaticly young victims, they've been known to disclose 10-sapp years later. as of right now they provided with enough information and enough of a basis we would seek charges against ariel castro.

>> is there any evidence that mr. cast throw or any of these girls connected with ashley summers or any new information to light about her? >> there is no information that has come to light about her. she is an active and open investigation. i can assure you that her disappearance was part of our questioning of the three subjects that we brought in. that is still an open and active investigation. >> is there any sign that mr. castro was interviewed by cleveland police or the f.b.i. prior to this day for any reason? >> no, yesterday was the first time. >> i wanted to ask, one, about the physical restraints that he allegedly used to keep the girls there. what verbal threats he may have made, and also other pregnancy system miscarriages the girls may have had?

>> all of that is evidentiary as far as that hinges on the prosecution. i really don't want to get into exactly in answer those questions. that is something that is going to have to be brought out in court. i can't bring that out in public... i know the chief mentioned something earlier about that today but what that was, we can't bring it out into the public forum. >> channels five, cleveland -- was a suicide note from ariel castro found in his home? >> that is another part of evidence that i can't comment on the basis of that. there was over 200 items taken from the home on seymour avenue. all those items will be processed. they were all taken into the custody of the f.b.i.'s evidence response team. they have yet to be processed.

exactly what they are, i don't know. there is a crime scene log, but that is part of the open investigation. i can tell you there was over 200 items taken out of home. >> any questions about the citizenship of the castro brothers, are they u.s. citizens? >> i don't know. i couldn't tell you. >> thanks. >> we had a lot of questions earlier extra 911 calls that may have come up and not been responded to. >> i'll try and answer the question the best i can. immediately after the recovery of the three victims and their daughter for the home on seymour avenue, we begin a search of our records to determine whether or not there were any calls for service to that house on seymour. our review indicated there were no other calls except for one call for service in 2000. we were able to identify the cleveland police were at the home once in 2004 for an

incident that involved mr. castro as part of his employment as a school bus driver here in the city of cleveland. as a result of the evidence obtained thus far and the statements from the suspect and the victims there is no evidence to indicate that any of them were ever outside in the yard in chains without clothing or any other manner. in fact, i think the evidence we've obtained that indicates in the last decade they've only known to be outside the home on two separate occasions and that was only briefly. >> josh with abc news. deputy chief can you tell us about o'neills and relationship with brother -- onil. did they know there were three women living in the house? >> as far as relationship, i couldn't tell you. we focused on their knowledge or

lack of knowledge. absolutely not. there is nothing that leads us to believe that they were involved or had any knowledge of this. that comes from statements of our victims and their statements and their brothers' statements. as far as what their relationship was, ariel kept everybody at distance. they are from puerto rico. to eps answer that question about the citizenship. >> can you clarify then why pedro and onil were taken into custody in relationship to this case? >> they were with their brother. was an investigative stop. as you know early on, you can only imagine the chaos and relief we had finding these three girls. we had enough probable cause to bring them into custody. they were brought into custody

as many suspects are. we continue our investigation. we found no facts to link them to the crime. we do what we usually do, consult with a prosecutor for charges and for them to be released. that is the reason. >> can you tell us when their arraignment will be for out standing warrants? >> they should be in court tomorrow and it's up to the dge. they will be in court tomorrow morning. >> thank you. >> i don't know if this is for you or head. f.b.i. i don't know if it's a joint task force or not. we had a story where a gentleman was initially a suspect in gina's disappearance and a private investigator indicated to us that this gentleman said he had pointed authorities in his direction back in 2004. i don't know who the appropriate

person to respond. if that is true and what would be done if it is true? >> very quickly. we have heard that same statement. with due diligence we have scrubbed our entire investigative file and have no reason to believe that he made the comments that he is purport together media. just so i have it right there. was conversation with him, but you have no reason to believe that he made the statements to you that he made to us, is that correct? >> as part of long term investigation, he was interviewed at some point. that must be what he is referring to when he said he told us that. again, we have no information to believe based upon our investigative file that is, indeed, correct. >> thank you very much. >> pamela brown with cnn. >> it was mentioned that the only opportunity to escape for the victims was on monday when amanda escaped.

can you let us know what the circumstances were that gave her the opening on monday? >> well, she explained some things in her statement that are privileged that i can't disclose. for whatever reason, like i said the other day, something must have clicked and she saw an opportunity. she took that opportunity. i said the other day and i'll say it today. she is the true hero. she is the one that started this. as far as what the circumstances were, inside that home and the control that he may have had over those girls, we don't know that. i think that will take us a long time to figure that out. >> this is the first time they had tried to escape? >> yes. >> quickly, can you let us know how the alleged abductions happened years ago? can you provide any details? >> no, i can't at this time.

i'm sorry. that was part of our investigation. >> can you give us a general description of the conditions under which these women were living? i'll save my second question. >> if you want a general description, the house was in disarray, but without going into with any specifics, i did not go into the home. that was an active crime scene. i did not enter the home. we have a protocol about who enters that home. just from what the guys were saying that it was in quite a built of disarray. >> can you will tell me what you mine by disarray? >> everybody's definition would be different. that is just the interest gallon part of our investigation and i really don't want to go any farther into exactly what they

found or what was in that home. >> okay. looking back over the years as you investigated the women's disappearance, are there any areas you think to yourself, you think that was a missed opportunity, for example, a domestic violence incident where his partner or wife or whatever she was asked for protection? >> you know, i have been a part of this for quite a long time and know the investigators and the a little and everybody that worked on it. we've asked ourselves those questions numerous times over the last ten years. are we missing anything? is there a sign? is there an assignment or something that we missed? i'm just very, very confident in the ability of those investigators and those law enforcement officers that they checked every single lead. if there was one bit of evidence

one shred of a tip, no matter how minute it was, they followed up aggressively. i would have to say no, in hindsight, maybe we did but that will be hindsight after the criminal case is completed. >> sir, can you tell us about the young child that was rescued along with amanda berry. was she born in that house? is she ariel castro's biological child and were there other pregnancies among the women? >> the answer to that, no, i can't tell you about her. she is a minor. i can't discuss her status at all. >> because its criminal investigation. >> out of respect for the three young girls in that house. i think that information will come out eventually. >> or other three impregnated? >> that is not going to come out today. we're not going discuss that.

>> you messaged the women left the house twice in ten years. what were the circumstances of those instances. also, did the women know castro through his daughters before their abduction? >> i'll answer the second one. there is nothing that leads us to believe that there was knowledge between the two or friendship or they knew each other. as far as them leaving the house twice, when you get a chance to see where the house is situated and the garage is situated, we were told they left the house and went into the garage in disguise. so those are the two times that were mentioned or they can recall. >> so they never left the property? >> no. >> and there is no connection between castro and the girl girls' pre-abduction? >> we don't see that right now. if that comes out later, no, not

at all. >> thank you. >> this includes the media briefing. we would like to thank everyone for coming out. everyone have a nice day. >> all right. that was press conference held by cleveland police on the ongoing investigation of the cleveland kidnappers. of course, cleveland prosecutor spoke before deputy chief of police and he said that ariel castro has been charged with four counts of kidnapping and three counts of rape. these are first degree felonies. let's bring in kimberly guilfoyle. can you walk us through the charges we just heard from victor perez. >> in ohio, punishable by 15 years to life. just on one count he is could be held life without possibility of parole. she facing four of those charges. they will stack those charges if

he is convicted on all four. run them consecutively so he would be facing a four life sentences and then the time in between. there are more charges that could be filed in this case. we talked about additional charges once this investigation continues and moves forward. quite right now we know there is primary crime scene and a secondary residence that the f.b.i. is gathering information to determine more. this is based on victims of the case and looking for other victims of ariel castro. there has been discussion whether or not the women were pregnant, if there were any terminated pregnancies, things of that nature which does carry additional charges in ohio. viability being determined at 20 weeks of age in that state. >> andrea: so they can bring on additional charges? a lot of people were wondering. and also be noted that onil and

pedro were not charged. >> eric: along those charges, you would think that knowledge of a kidnapping or a rape would at least give them some sort of charges to keep pedro and onil. >> kimberly: right now the information would have to come from the women abducted so we were able to positively identify these brothers that they were there. they knew we were present in the home. we were being held against our will. i think what happened to a lot of these cases, when you are dealing with family members, ariel, i was the only one responsible and so if they are able to collect forensic evidence and witness statements to point them in some way they were accomplices around aided and abetted they will face charges. if the prosecutors are able to determine through suction consequent interviews that there was conspiracy or act in furtherance between these

brothers to do this, they would be facing the same charge as he would. right now we're not getting that. they were trying to hold them on other charges pending the investigation. >> greg: i was think the cleveland kidnappers were found in libyan embassy, other networks would lead with the story or hillary should send a candy gram. that's all i got to say. >> eric: and the chief said he didn't know the immigration status and he noted that ariel is from puerto rico. do you think he really doesn't know? do you think she waiting to release that infor>> kimberly: y that statement. one the first things you do when you run an individual through the system to determine if they have any warrant, you determine what their citizenship is, what their immigration status is, whether they have holes, likewise, they have previously arrested.

whether or not their are warrants are out for them. they have what we call contacts with law enforcement. so the extent of which needs to be determined. also, keep into hind mined very frequently, 99% of the time people use aliases so they will match up with fingerprints for other criminal activity. >> dana: i with a going to ask. i thought they did an excellent job. that ed tomba was very forthcoming with as much evidence as he could provide. >> during an investigation, something like this, where they are still conducting crime scene evaluation and recovery of evidence at secondary crime scene. you don't want to give too much out. you don't want any kind of tampering or destruction of evidence. we saw that in boston where other people came to assist and aid the individuals involved. i appreciate him being forthright because it does end some of the speculation people were having. we did learn she was the mother

of the minor child. >> bob: one question -- >> this is a fox news alert. if you are just tuning in. just under an hour ago in a phoenix courtroom, a verdict came down in the jodi arias murder trial. the coin vehicles, guilty of murder in the first degree. >> state of arizona versus jodi arias, count one, we the jury dual impaneled and sworn and above entitled action do find the defendant as to counted one, first-degree murder guilty. five jurors find premeditated. zero find felony murder, seven find both premeditated and felony. signed the foreperson. do you saw one and all true verdict. >> ladies and gentlemen they are going to answer ask a question.

juror wum n up one is this your true verdict? >> yes. >> injure number two? >> yes. >> juror number three? >> yes. >> juror number four, is this your true verdict? >> yes. >> juror number six is this your true verdict? >> yes. >> juror number 17 this your true verdict? >> yes. >> juror number nine is this junior true verdict? >> yes. >> juror number 12? >> yes. >> juror number 13 is this your true verdict? >> yes. >> juror number 14 is this your true verdict? >> yes. >> juror number 16? >> yes. >> juror number 18? >> yes. >> all right. ladies and gentlemen -- >> after 67 days finally we have a verdict in the jodi arias murder trial. fox news dan springer is live outside the courthouse in phoenix, arizona, dan? >> reporter: just before the verdict was read there were chants, justice for travis from a large crowd on the steps of

the county courthouse. it was just one after another. justice for travis. when that verdict was read, cheers erupted, several hundred people, maybe 300, 400 people and there are still several dozen people out here. someone who is connected with travis alexander's family or a friend comes out, they cheer again. we've been told, we have been told travis alexander's family will not do any media after the sentencing phase. that begins tomorrow. we have what is called the aggravation phase which starts at 1:00 tomorrow. both attorneys will come in with the jury and argue whether there is an aggravating circumstance that could lead to the death penalty. that could take few hours but if done tomorrow the same jury could on come back and decide whether this was cruel to the point where it's an aggravating circumstance and then started the whole penalty phase. that is where the attorneys put

on witnesses as to childhood, what might be mitigating circumstances which could avoid the death penalty for jodi arias. apparently this thing is going to be moving right along and maricopa county this has cost the county $1.6 million. but it continues as they go from aggravation. but you mentioned seven jurors said it was felony murder, not premeditated murder. that might be an indication that this jury mate miet not want to execute jodi arias. >> andrea: thank you very much. we're going to take a short commercial break on this very busy news day on the five. coming up next, we'll take toy capitol hill where the explosive hearings on benghazi took place. stay with us. never skr

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the house committee on the benghazi terror attack on 9/11 last year. mark thompson, gregory hicks and eric nordstrom have been given their october that day and afterwards. one of the big questions, why did not susan rice call it a terror attack after that day. listen. >> what happened initially it was a spontaneous reaction to what had just transpired in cairo as a consequence of the video that people gathered outside the embassy. then it grew very violent. >> fast forward, mr. hicks, to the sunday talk shows and ambassador susan rice. she blamed it on a video, she did five different times. what was your reaction to that? >> i was stunned. my jaw dropped. i was embarrased. >> dana: greg, you were watching the testimony earlier today, what do you think?

>>. >> greg: i have to say media, is president obama's scandal condom. nothing gets through. they catch a break no matter what. hillary should put charles ramsey on her ticket. bob, you said, it is incredible, an amazing story you have the democrats in these hearings carrying more water an fleet of camels. you have media, they see something like this. oh, my god a trial. we have to follow the trial. there is a kidnapping. this is a news story. i guess we can call it, if we had not call these people terrorists and called them bullies or perhaps homophobic republicans, the media would have done something. if we caught them bigots. >> i thought the testimony was more powerful than anticipated. he was talking about the death of christopher stevens, yes, that was very moving. when we talked about the phone

call that he had with secretary clinton, that to me was very compelling. >> eric: not only that, but gregory hicks that was number two this charge after stevens was killed, he did make the a phone call and said he needed help. let me what you are doing, we'll could call you back. he you had found out there was no no help and there was help in tripoli and italy and turkey. quick observation. recipe i have cummings who is the ranking dock the committee was disgusting what he did. he had the opportunity, darrell issa addresses the whistleblowers, talks about their record. and cummings going to next 15 minimumth and goes after representative issa basically taking the legs out of everything he said in the testimony we were about to hear.

>> it was grandstanding. >> bob: did hicks say who called and say.... >> he was. >> dana: he was not given that information and that has to be a question for the lieutenant colonel. >> he said africom. >> dana: the other thing, bob, let me ask you quickly. hicks was number two and then number one. representative asked him did you talk to ambassador rice before she went out. he said no, not a single about it. susan rice's actions on that sunday and aftermath actually prevented the f.b.i. from getting into the country. >> bob: i'm shocked by that. something like this you have a discussion with the person who is in charge of the situation. so i'm a little surprised she didn't have a conversation.

>> dana: we covered this story from the beginning. tomorrow, i don't care what my segment tomorrow. more on the benghazi testimony and update on the criminal investigation out of cleveland. we still have kimberly, too.

four dead americans. was it because of protests or guys out to walk and decided to go kill americans? with a difference does it make? >> the committee wants to uncover prior during and after the attack matter. most importantly... excuse me... it matters to the friends and family of ambassador stevens, sean smith, glen doherty and tyrone woods who were murdered on september 11th, 2012. >> emotional testimony. hillary clinton opened that were wt testimony before a committee. the question in my mind is going to run for president in 2016. with a implications does it have? >> she says does it make. you have imagine republicans are going use this against her.

also, who is running against her in a democratic primary they are going use it, as well. in my opinion, a tape like that and after what we heard it was clear-cut terrorism immediately after the attack and they weren't ready despite numerous warnings and three previous attacks on the same consulate she should be blown out. water. however, the media today, yawning away again. so hillary clinton has more than nine lives. if the media would stay on it. maybe she has a chance. you never know, politician she could come back. >> kimberly: the question is are they going to be able to do damage control too attenuate this. this is really bad. the testimony was compelling. these are witnesses that really made an impact. i think with their words and emotions. these are people that not just disgruntled but the tenor of their voice and lives that were

lost could have been saved. >> bob: i know dana and eric listened in detail. what exactly did they say hill hillary did? >> called gregory hicks and we're going to get out of here. what difference does it make. >> she did call and kochb tact hicks who is now number one in charge. two people died out of that. >> bob: was there any other testimony about hillary clinton? >> yes. especially about the changing of the talking points that was actually the changing of the intel. they knew it was al-qaeda and shi and made up the story about the video. then she did the testimony, speech in front of the casket blaming the video. meanwhile, that guy is still in jail. >> greg: one thing you have to remember from that footage from hillary, she is not a nice person. that is the bottom line.

that is not a nice person. >> kimberly: that is not presidential. >> bob: when we come back, a quick update from rick levanthol charges that were filed in the case of three missing women found alive. mine was earned in djibouti, africa. 2004. vietnam in 1972. [ all ] fort benning, georgia in 1999. [ male announcer ] usaa auto insurance is often handed down from generation to generation. because it offers a superior level of protection and because usaa's commitment to serve military members, veterans, and their families is without equal. begin your legacy, get an auto insurance quote. usaa. we know what it means to serve.

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>> this is a fox news alert. let's go back now to rick leventhal in cleveland for an update on the case of the three missing women found alive. rick? >> within the last hour, learned cleveland's top prosecutor has charged ariel castro with four counts of kidnap asking three counts of rape. he will be arraigned tomorrow morning. the charges against -- because of the confinement of amanda berry, gina dejesus and michelle knight and amanda's six-year-old daughter. perhaps more surprising, though, is the news that castro's brothers who have been held since monday night, will not be charged in connection with this case. according to the prosecutor, there is nothing that has led the investigators to believe that the brothers had any

involvement or any knowledge of the kidnappings, the confinement and the sexual assaults of the three -- they were together when they arrested ariel castro. they took them into custody as part of this investigative stop and probable cause, but say after lengthy discussions with the three victims with the suspect himself and with the brothers, again, no reason to suspect that pedro and onil had anything to do with any of this. we also learned that the three women hadn't been outside the property in ten years. they were only in the garage outside twice, they told us. they wave -- the suspect waived his miranda rights. they took 200 plus items from the home and right now the investigation continues. they have sniffer dogs out back of the houses next door. the f.b.i.'s evidence response team is checking the neighbors' homes for possible evidence. >> all right. thanks so much. of course, it has been one busy news day here on "the five," from the cleveland kidnapping to

the jodi arias verdict, murder count in the first degree to the benghazi hearings. so greg, any thoughts on these three? >> yeah. when you look at all the screwed up cities, when you see what happened with gosnell, when you see what's happening in cleveland and other towns like detroit, we've spent 40 years mock conservative values about right and wrong. if you're going to mock it, we need to replace it with something. instead we replace it with a phony election kahn that basically covers for brutality. i think that's what we're seeing. >> eric? >> benghazi, the smirks and the body language of the democrats on that panel in that hearing were shameful. they were childish, unamerican and unprofessional. i'm not proud of the democrats today. >> you always are, though. [ laughter ] >> this is different than any other day, right? >> bob? >> i only say gone to cleveland -- i find it difficult to believe for ten years nobody,

but nobody else saw these girls except for the suspect. >> all right. stay with the fox news channel for continuing coverage. that's it for "the five." we'll see you here tomorrow. "special report" is up next. >> bret: the benghazi hearing, the truths about a cover-up or just more partisan politics. this is "special report". >> bret: good evening, i'm bret baier. lawmakers and the nation are tonight digesting gripping often gut wrenching accounts from state department employees about the terrorist attacks that killed four americans last september in libya, including the u.s. ambassador. we have fox team coverage tonight. james rosen with new evidence showing what members of the administration knew and when they knew it. we begin with mike emmanuel on capitol hill. good evening. >> good evening. powerful words from state