just time to take a little swim and all that activity builds up an appetite. here is this guy having a little snack. good moose. that is what they do up in anchorage. >> jon: thanks for joining us. >> jenna: america live starts right now. >> megyn: fox news alert on the kidnappings in cleveland as we get man accused of holding women o hostage for 10 years is on suicide watch. i'm megyn kelly. ariel castro reigned on multiple charges of rape and kidnapping. his bond set at $78 million. the women now in their 20s and 30s vanished when they were 16, 14 and 20 years old respectively as you see on the vaccine. horrors they endured are just starting to be revealed am authorities are trying to understand how the women were kept in the house for so long

without being detected and making new efforts to confirm there are no other victims. meantime, the women are adjusting to life on the outside. youngest of them all giving a thumbs up. look at that. as she returned home to a large crowd of well-wishers. earlier, gina's mother spoke out and she described the moment when she was reunited with her daughter. >> we didn't say nothing. we grabbed each other and held arms. that is what we did. there was no words. it was just hugging and kissing and crying. they are doing great, all three of them when they did see all three of them together. they didn't want to get separated at that point yet, but then it's working out good. they are fantastic. >> megyn: live in cleveland with the very latest, garret? >> reporter: just a few minutes

ago i got off the phone with ariel castro's attorney and he did confirm that ariel castro will be under suicide watch later today when he is being held in the county jail. that is after his first court appearance this morning. that court appearance was brief as expected but full of emotion. castro, he avoided making eye contact throughout the arraignment. he was biting his collar and he pulled up his shirt over his face. he did not make any kind of statement. the prosecutor, though, had plenty to say. strong words to describe these charges. he called it deliberate, depraved, saying the three women endured repeated beatings and then he took a personal shot at castro, saying now he is captive his two older brothers, pedro and onil they were appearing on separate charges not related

with this case. those charges for open containers of alcohol and drug abuse. one had a hundred dollar fine and the other dismissed. they are free and talking about the two brothers yesterday, thus far, they had no reason to believe and no evidence that the two brothers knew anything about the case or related in the least. they did stress they have a lot of evidence they are still going through and that they left that option open for further charges to come. we are expecting a press conference at 4:00 p.m. eastern time. hopefully we'll get more updates on the investigation. >> megyn: unbelievable to watch those pictures. with his collar up. he doesn't want to see his face, doesn't want to see his shame. we'll see that man's shame in the days and weeks to come. thank you, sir. they appear so remorseful

once they are caught. what is being leaked about this man's suicide note or confession that was found at his house, dated 2004, how he needs help. a lot of questions remain in this case. how did it take a decade for these women to get free? what can the cops do when the three women go missing within a three block square blocks? we're coming and taking a look at your basement, period. we'll talk about it with a police officer. there are a lot of missing persons' cases that are still open and active. take a look the numbers in cleveland. look at all these red dots, are resources stretched too thin? we'll investigate that moment. stay tuned. >> jodi arias verdict, we the jewel duly impaneled and sworn in the above entitled action do find the defendant as to count one first-degree murder, guilty.

>> megyn: that was about it. in terms of her reaction inside the courtroom. that was the verdict, guilty. first-degree murder and now comes the penalty phase where the jurors will decide in a couple of moments they will begin whether jodi arias potentially deserves to die for killing her ex-boyfriend. as you can imagine, travis alexander's family overcome with emotion with the verdict. the family openly weeping and after the verdict was read, areas went before the tv cameras jigs one. our own fox affiliate in phoenix arizona. >> i said years ago i would rather get death and life and that is still true today. i would rather have my freedom. >> megyn: do we believe it? a little later, we will speak to the reporter that scored that

exclusive video with jodi arias and a man we introduced to you, phil houston he spent his entire career working for c.i.a. advising them on terror suspects why lying or telling the truth. lying or telling the truth detection. he will tell us whether he thinks any of what jodi arias told our fox affiliate reporter was true during the 45 minutes of revelations. that is coming up. >> another fox news alert, an urgent message from dick cheney to house republicans who are raising questions about the terror attack in benghazi and aftermath in the wake of yesterday's hearing. that message, be prepared to subpoena the former secretary of state hillary clinton in this matter. this comes after a charged hearing on the hill yesterday

after three verdict diplomats gave moment by moment on what happened when our consulate was attacked and four americans died including our ambassador and the aftermath. gregory hicks was the deputy in chief, number two guy in libya. he was the highest ranking official after our ambassador chris stevens was murdered that night. at one point, he told lawmakers that he received a phone call following the attack that night from secretary clinton, 2:00 a.m., that the subject of what led to the attack didn't come up. listen.... >> more hicks, 2:00 in the morning, secretary of state calls you -- mr. hicks, not a common call at 2:00 in the morning? >> no, sir. >> did she ask you about the cause of the attack. did she ask about videos or anything at all that would have allowed you to answer the question of how benghazi came to

be attacked as far as you knew? >> i don't recall that being part of the conversation. >> so she wasn't interested in the cause of attack. this was the only time you talked directly to the secretary or you could have told or not told you her about the cause of the attack? >> yes, that was the only time i could have. >> megyn: chris is fox news politics editor and hosted of power play. let's start with the vice president. former vice president going on capitol hill, subpoena her. get ready to subpoena her. she has testified but we found out this week she never talked to the a.r.b., the review board of their handling of the situation and not surprisingly surprisingly and now mr. cheney is saying they need another

crack at mrs. clinton. >> it's certainly more likely to what we heard yesterday. we heard senator tom coburn that he had serious concerns about discrepancies in the testimony and he would like to hear from secretary clinton himself. so the ball is moving forward as it relates to hillary clinton, what she said, what her credibility is as it relates to her previous testimony in light of what more hicks said and in light what all the witnesses said. >> megyn: since the benghazi attack happened, it was the roughest week for mrs. clinton. steve hayes how intricately involved how the state department was involved. the talking points on this that told the truth that said the al-qaeda and sharia and it's a terrorist attack -- all scrubbed

among the leadership. mr. hicks talking about she didn't want to hear what led to those attacks. you know, all of this comes out of the time that hillary clinton to the stood in front of the caskets and talked about the awful internet video which she knew that wasn't the cause of attack and had nothing to do with it. >> standing in front of the remains of those americans killed in the attack was a big moment at the time. clinton was pushing back an already growing criticism from republicans about that and basically she was saying, she referenced the video. she talked about the tyranny of the mob even though she knew much more different about the nature of these attacks then she led on. then the next big deal when she said at this point, what

difference does it make. she was screaming it at senate republicans questioning her about that. as time goes by, every day takes us closer to the day she aannounces her candidacy, her role in this and strong on foreign policy and all the work she did to rehabilitate her family's image to veracity and dealing with coverups and things like that, loses ground. >> megyn: what we learned here, she said in congress, what difference does it make at this point. what led to the attack? what we are learning, it wasn't at that point she thought was irrelevant. the night of the attacks, as she is talking to the number one man in libya, she is not asking anything about what led to this. at no point did she seem interested in what led to the

terrorist attack. i want to ask you whether it will come back to haunted her. when she ran against barack obama who could forget this ad. >> it's 3:00 a.m. and children are safe and asleep. there is a phone in the white house and it's ringing. something is happening in the world. your vote will decide who answers that call. >> megyn: now? >> she got the call at 2:00 a.m. not 3:00 and according to mr. hicks, she did not call for action. she said tell us what happened. she didn't say act, act, she said wait, wait, waited. >> megyn: and hicks said the top deputy was very upset to talking to congressional investigators about the event and soon after he do the demoted. we have a twist in cleveland cleveland. see what she said next.

as a talk to a hostage negotiator. don't miss it. this with will be of an interesting segment. >> we may have first amendment fight involving texas cheerleader leaders and the bible. 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.

>>. >> megyn: back to an update three women held hostage for more than a decade in cleveland by a man who is facing a bond of $8 million. as we learn the suspect's own daughter was best friends with one of the victims. here a little of arlene castro. the daughter at abc this morning. >> no, i had no idea. me and my father were never that close. every time we would talk, it would be short conversations. just said hello, how are you

doing. let me know if you need anything. that was it. >> megyn: lot of questions remain in this case. joining me john fleming, former nypd detective and former nypd hostage negotiator. i have a lot of questions. i want to start with you as a police officer, former police officer. a lot of people are wondering how didn't they go into the house. three girls go missing within the same neighborhood. how did they not knock on these doors. how did they not go into the basements. i know we have a fourth amendment but should have they done more? >> depending on the information they received. we have a system and they record calls. they dispatch police officers to locations. the call comes in, there is a shooting in one, two, three main street. that might be considered as the

officer comes on the scene under extending circumstances. >> megyn: but knowing three girls have gone missing and couple year period. look how close it is. that doesn't justify going to see i would like that see your basement? >> doesn't mean that the person is going to let you in. they say, no, you need probable cause. you need a warranty warranted or extending circumstances. >> megyn: you're not going to get it because the of the bill of rights? >> you have liberal nudge is judges. >> megyn: it's amazing because you see a situation like this and you want more. there has been a crime in the neighborhood. let me turn to tourn you. a local reporter got a 2004 letter written by the suspect ariel castro in which he says he wants to kill himself and give

his money to his victims. i'm a sexual predator and i need help. then he goes on to say, they are here because they made a mistake of getting in a car with a total stranger is this typical of a hostage taker? >> what he was doing. he was looking to build a little defense for himself. in relationship to this. >> megyn: look how ashamed he is. boo-hoo. >> a real dirt bag. that is nice way to say it. the bottom line, he took three girls, he kidnapped them. took them hostage and what he did, he took away their sense of smell, taste, hearing. he kept them where he could do a pavlonian job on them. the age they were at and they would just look at him as the only person. >> megyn: god forbid this would happen to any of our viewers, do

you have any cans of talking your way out of this situation? these were not little, little girls. they were 14, 16 and one was 20. >> first of all, the most important thing is the first 10-30 minutes is panic reaction. is where they try to organize themselves. the hostages try to find a place to stay. it's containment or cover. that is the most dangerous. that is where people get hurt or killed. if you are taken hostage, you treat that hostage take where royalty. you treat that hostage taker as if he is in command. any questions you don't ask questions. you let him ask questions. if you are sick on medication you tell the hostage taker you are sick on medication. >> megyn: you tell him sick even if you are not sick, but aren't you worried he will kill you.

>> you can always be sick in a situation like that. you can get yourself sick. most important thing you also, if you are taken hostage is look around and remember what you see. you will be interviewed by the police and if the police make a dynamic entry, be prepared to hit the ground. >> megyn: the police are taking a lot on this. why didn't you investigate this further. there was supposedly makes seeing naked women. do witnesses make up fake phone calls? >> there might be collective guilt. they said they have seen a man walking with a little girl. yeah, it's possible that these people are feeling a little guilt. like i said. cat system, it's all captured. would you see those calls. >> jaycee dugard, it's all

documented. the cat is very important. >> megyn: maybe some of the neighbors having seen something or not calling the cops. i have to run. the court ruling in an epic battle, cheerleaders and the bible and first amendment. don't go away. [ male announcer ] this is george.

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>>. >> megyn: we have court ruling involving texas cheerleaders bible verses and first amendment rights. we have been following the steer. trace? >> reporter: remember these are banners they ran through the beginning of the game. cheerleaders put things on them, god is for us, who could be against us? freedom from religion, that group was against them calling the banners a violation of separation of church and state. so the school district banned

the badgers then the governor and attorney generals took the school district to court and judge issued an injunction allowing the banners banners to stay. but then in january they reversed course and supported the baners. yesterday the judge ruled the banners did not violate the establishment clause, religious messages expressed on run through banners have not create an establishment of religion in the community. as you can imagine the cheerleaders and attorneys are elated. >> i'm proud of legacy. i'm proud of my friends in the community for standing up what we believe in. >> it helps reiterate that students don't shed their constitutional rights the school house door. >> reporter: in response, freedom from religion, say the baners are turning christians

into insiders and non-christians into non-believers and outsiders. even though the school district supports the banners they say the ruling gives them editorial control on what the cheerleaders write on the banners but the attorneys say, no, it doesn't. so the school district may appeal to the court asking for clarification of this ruling. might not be over just yet. >> megyn: "v" for victory. "v" for victory now. trace, thank you. >> almost there. feeling good so far? moving on, we are waiting for a verdict. we got a big one yesterday in the jodi arias case now big verdict is this man's case. this is dr. kermit gosnell a philadelphia abortion doctor accused of killing babies born alive. a group of senate democrats just

knocked down a republican resolution that called on congress to investigate and crackdown on unsanity and dangerous abortion clinics. not all but unsanity like this man's that went uninspected for 17 years. where is the controversy? why didn't they get behind that? a fair and balanced debate on that next. >> one of jodi arias's first stops, a sit down with a fox reporter. he gets the get of the year. every lawyer in this case would have loved to have a sit down with jodi arias moments after the verdict. how did this happen? and her lawyers weren't there? how is that possible? we'll ask him when he joins us live. we'll ask the man who is called the human lie detector whether jodi arias was telling the truth with some of the claims. >> so if you had to do this all

over again, you are in the desert, how do you handle it? >> i would turn around drive to the mesa police department.

>>. >> megyn: we are waiting for news of the trial of kermit

gosnell. the clinic looked like a medieval torture chamber. yesterday in the senate, mike lee introduced a resolution calling on congress and states to investigate and correct abusive, unsanity and unsanitary but senate democrats objected to the measure and substituted a different plan. joining me to debate it. a fox news contributeder and chris plant who is host of the chris plant show. senator mike lee wants this resolution that will investigate and provide more oversight of these unsanitary and illegal abortion clinics. a democratic from connecticut with barbara boxer, why don't we broaden it to require -- hold on -- the condemnation and

prevention of all abusive unsanitary or illegal practices. perpetrator should be prosecuted to the fullest extent of the law. you tell me, chris, the democrats are saying, we want the abortion clinics inspected. we want every clinic inspected and whether that works? >> i guess it speaks how utterly dysfunctional this city is. you can't get democrats to agree that gosnell is bad that houses of horror are a bad thing. if they can't agree with this, what can they agree to? they want to turn into a giant government program. the idea here is gosnell's clinic is a horror show. if there are more clinics like this in the country, this guy introduced us to the phrase, snipping the baby's spine. okay? that is what we're talking about. dr. gosnell, talking about

horror shows and abortion. the democrats are so in lock step with the abortion industry they are looking for a way to throw a buck in cold water. we don't want to put the focus on clinics like this. we want to just sort of make it something else. make it go away. let's pretend this isn't what it is about. i wonder if you ask them to condemn charles manson or psychopath in cleveland where whether they could agree with that. ariel castro may get the hospitality award from democrats in congress. i can't believe that. even this is an issue. you can't get this through the senate, what can you get done? >> megyn: the reason mike lee was necessary because there is a reason the clinic didn't go inspected for 17 years. according to the grand jury report. they decided not to do it. the pennsylvania department of health under republican governor tom ridge decided that

inspections would be, qaet quote putting up a barrier for women getting abortions. even though gosnell proved that meant both women and babies would pay. and pennsylvania department of health, senior legal counsel insisted they didn't have legal right to monitor the situation. people die and some senators said, maybe we should get a little involved here. >> what i'm confused about, you know my husband is surgeon and he works in surgery centers in hospitals. there are certain walk-thrus and not just by osha and check for sanitary conditions, any abuses. i was confused at first when you have legislation proposed, i find it abusing musing that

democrats are pandering to the pro-choice network. this is pandering to the pro-lifers out there. to make legislation on one man that is butcher and murderer is ridiculous. to say, look, we need to have every medical facility that performing a procedure on another human being, those need to be and are in the state's hands, need to be regulated, they need to be looked at. because the problem is you don't like regulation. you don't want federal government control. you guys don't want to spend the money it's going to take to get this done. >> megyn: i'm not sure. it looks like senator lee wants action. he wants oversight. he wants investigations and he wants to conduct hearings on how this happened and whether it is happening anyplace else. the democratic counterpart which is much more expansive resolved it's the sense of senate that

all abuses and unsanitary health practices should be prosecuted to the fullest extent. law. the way i read this, they don't want congress much more than condemn unsanitary practices as opposed to mike lee's which is want action to oversee clinics that babies born alive are being murdered by distribution. >> yeah, to turn this into attack on me and republicans is just another example of how crazy everything has gotten in politics. it's very simple thing. as charles manson a bad guy? is dr. gosnell a horror show? they want to stop and turn it into a food fight. if it's an opportunity to turn into a giant program to inspect pizza kitchens, they would do that. it could be more outrageous and

it's because the democratic party is so invested. it's about the women's vote. they pretend they are standing up for women's rights. so babies are having their spines snipped and horror shows where there is a blood on the walls and haven't been inspected in nearly two decades. so what, let's turn it into a fight with the republicans. this is how outrageous everything has gotten. >> i think it's ridiculous there is not blood spattered on walls on various clinics throughout this country that don't have funding or unscrupulous medical personnel, that don't call authorities when this is taking place. it's not just abortion clings. that is why i as a democrat, i say let's look at every health care facility and make sure there are no abuses and unsanitary conditions. we don't have legislation based on one man's actions. in a preventative mode, this isn't hatching at any health

care facility. >> was the day before yesterday. >> you want to see my husband's malpractice --. >> megyn: we know you well enough. the one surviving boston bombing suspect is now claiming that his brother's widow knew nothing about the alleged attack. what are we make to effect katherine russell just hired an attorney with a record of defending terror suspects, criminal attorney? you can't accuse of jodi arias of this. minutes after being convicted she tells a fox reporter she would rather die than spend the rest of life in jail. how did she sit down with a reported reporter. i'm very interested in asking

these questions. he is here after the break to tell this woman was truthful in these exchanges. next. >> do you have a sense where the public feeling is about you? whether you are liked or not liked? >> i just sense there is great division on both sides. "believe the majority is against me. everybody has different investment objectives, ideas, goals, appetite for risk. you can't say 'one size fits all'. it doesn't. that's crazy. we're all totally different. ishares core. etf building blocks for your personalized portfolio. find out why 9 out of 10 large professional investors choose ishares for their etfs. ishares by blackrock. call 1-800-ishares for a prospectus, which includes investment objectives, risks, charges and expenses. read and consider it carefully before investing. risk includes possible loss of principal.

>> the worst thing for me would

be life. i would rather die sooner than later. longevity runs in my family and i don't want to spend the rest of my life in one place. i don't smoke. i would probably live a long time. i said years ago i would rather get death than life and that is still true today. i would rather have my freedom as soon as i can get it. so you would say you actually further getting the death penalty than prison for life? >> yes. >> megyn: that was jodi arias giving an interview moments after a jury found her guilty of first fre premeditated murder. now, we are waiting for the same jury whether she should die for her crimes. that was an interview by fox 10. the one that scored the interview. that is an incredible get. how on earth did this happen?

>> i had contact with the local county sheriff's office for years. back in january, i was given access to jodi arias's cell. we spoke for about 45 minutes. she asked me to keep things off the record at that time. she said at the end of the meeting if i kept things off the record, at the end of the trial she would give me the interview. we contacted a couple times in the months since then. on sunday i got a voicemail, jodi arias, hi, it's jodi. i will do the interview but i have to do it right after the verdict. i talked to her about 20 minutes after the verdict was read. >> megyn: so you walk out courtroom. where did this take place? >> i was reporting live for our affiliated here. i walked right out and did a live shot. we were in the back of the courthouse. they call it a sally port where they take prisoners. i went down there and i got into a holding cell.

it was very quiet. a bunch of large men standing around and very quiet. we got ushered into a room. we set up and few minutes, jodi walked out. she was weeping and crying. she was very upset. i looked her in the eye, are you sure you are ready to do this. she said yeah. >> megyn: where were her lawyers? >> i don't know and i didn't ask. she is an adult. she made this decision. after talking with her at a feeling she didn't get along very well. they didn't do a good job. >> megyn: there is a videotape of them leaving the courthouse shortly after verdict which is unusual. do you feel she was honest with you in that interview? >> i do. let me explain, though. i believe there are two jodis. there is one that i talked to hour and a half, i found to be

an intelligent young woman. then jodi that cutting a man's head off and shooting him and stabbing him. i didn't meet that jodi. i spoke with, i believe she is suffering from a mental illness. that is the way i call it. >> megyn: congratulations, well done. joining me now, deception and detection. his name is phil houston. former senior member of the office of security for the c.i.a. he used to do this for a living. evaluate bad guys and terrorists and try on to report back to the feds. good grietd see you again. jodi arias clips and some of what we saw worst out come is natural life. death is ultimate freedom. so she wants the jury to give her the death penalty. your take? >> first of all, it's not at all how a truthful person thinks. a truthful person doesn't sit

there and hear a verdict that essence wrongly convicts them and say, okay, give me the chair. the logic it probably reflects in jodi's mind she has tried to be to very shrewd and cal ra kliatd go and manipulate the jury into believing she is actually a good person. a very caring person. what she is doing with this, i would rather die is for her is the ultimate convincing statement. it suggesting to the public that if she had done this, or hasn't hntd done this, there is no way she wants to die. so she is willing to take this step. it's part of this calculating mentality we have seen throughout her trial. >> megyn: i want to ask you, there a soundbite where she talks about travis's family.

she wants them to find peace. now she is concerned about their ability to find peace. hold on. we will get it cued up. maybe you could brutally murder somebody and still have the family to find peace. do we have it? it's not loaded. we're going to ask you about that and i definitely want to ask you about the one where she says the verdict was unexpected for her. she lied so many times to this jury. did you find any truth telling, any signs of deception overall in that lengthy interview? >> absolutely. in the very first question that she asked her, jodi, what are your thoughts. what is fascinating, if you had been wrongly convicted, it would natural your focus would shifted to the jury got it wrong. it wasn't premeditated. they made a mistake here.

instead, what she says my mind is blank now. >> megyn: we'll play that next and get you to expand as we have the soundbite and get into that and another one. beautiful.

>> a couple minutes ago, you heard the verdict from the jury. what are your thoughts? >> i think i just went >> i think i just went blank. just, um, i don't know. i feel overwhelmed. i just need to take it a day at a time. >> did you think it was going to be that? >> it was unexpected for me, yes because there was no

can i see how things look that way. but, i didn't expect the premeditation. i could see probably the felony murder because of how the law is written but the whole time i was fairly confident i wouldn't get premed occasion because there was no premed occasion. >> how about that one? >> again, megyn, you know, when you open up with the question of what are your thoughts? her head is not at a denial. she is not thinking i didn't do this, that it wasn't premeditated. initially, what she says is "my mom is blank." and that reflects that at this moment she realizes that everything that she has done, all of her shrewdness and calculation has not worked. and then when she -- when he asks is it unexpected? he sort of is prompting her to say one way or the other and, of course, she says, you know, it is a bit unexpected. but, from there, she goes on, you know, to the

convince mode again. if you will. and at no time does she say the jury was wrong. from the truth of deception standpoint, it's very very significant. >> megyn: before i let you go. a quick answer. she says she prays for travis' family and she prays for the jury? do you believe those? >> no, i don't. that's just simply more of her trying to manipulate our perceptions, megyn that she is a a caring person and by extension she wouldn't have done something like this on a premeditated basis. >> megyn: the jury has spoken on that one. phil, thank you. by theway, my fox.com if you want to seat full 40 minute interview. breaking and entering breaking news next on the bostona bombing. wait until you hear this from the widow. wireless is limitless.

[ female announcer ] from meeting customer needs... to meeting patient needs... ♪ to wireless is mitless.s... >> megyn: fox news alert on several new developments on the boston bombing investigation. that's where we begin this brand new hour of ""america live"." welcome, everyone, i'm megyn kelly. we want to begin with the decision that the widow of one of the terror suspects has made. catherine russell who was married to tamerlan tsarnaev has not been charged with anything. and she insists she had nothing to do with the attacks. apparently the brother-in-law, dzhokhar is backing that up. but, investigators found a radical islamic magazine on her personal laptop and bomb making residue all over her home, her 800 square foot home. she claims she had no idea her husband was making bombs. in the wake of all of that

maintaining her innocence, we now find out that ms. russell tsarnaev has hired this man, an attorney with a long track record of defending accused terrorists. including detainees at guantanamo bay and others accused of bombings of our embassies overseas. more on this man and why he has joined her defense team in a few minutes. meantime on capitol hill, serious new claims coming out of the house hearing that's looking in how these attacks happened. the former senate worst domestic terror attack since 9/11 could have been prevented. >> i believe though it would not have been easy, it was possible to have prevented the terrorist attacks in boston. in a literal sense, the homeland security system, we must acknowledge that we built after 9/11 to protect the american people from terrorist attacks, failed to stop the tsarnaev

brothers. >> megyn: catherine herridge live in washington with the very latest coming with the latest from capitol hill. >> thank you, megyn. the testimony before the house homeland security committee was pretty devastating. 12 years after 9/11 and billions of dollars spent. what we learned from the witnesses is that the boston cop who sit on the joint terrorism task force knew nothing about the fbi's investigation of tamerlan tsarnaev in 2011. >> before the bombing, were you aware of the russian intelligence warning regarding tamerlan and the fact that he may travel overseas to meet with extremists? >> we have three detectives and a sergeant assigned to the joint terrorism task force. one of my detectives is actually in the squad that investigated that. we have access to all of the databases. but we were not, in fact, informed of that particular development.

>> witnesses testified that it was a repeat performance in 2012. in 2011 the fbi closed its investigation of tamerlan saying that there was no evidence that he was a terrorist. same country radical islam. when he comes back no flags were raised. this was unknown to the locals and the state in massachusetts. then, when the surveillance video was released on april 18th, after the bombing, witnesses were asked how long it took for the fbi to confirm that one of the suspects tamerlan had been under investigation earlier. >> from the time of the attack on monday afternoon, until the shootout early friday morning, did the fbi bring to your attention at all the fact that older brother had been under investigation by the fbi? >> no. we didn't start to look at that until after the shootout. >> so this is three and a half days after and the fbi still did not make you

aware of it? >> that's correct. >> we asked the fbi for a response. and they said they would try to bring us one that was updated but they emphasized the fact that when they looked at tamerlan in 2011, there was no evidence that he would get involved in terrorism here in the united states one of the lingering questions of this investigation is whether tamerlan was radicalized this trip to russia in 2012 or in fact he was radicalized before he made that trip. radicalized in 2011 when the fbi looked at him. >> catherine, thank you so much. >> you're welcome. >> next guest has suspected all along and said here on "america live" that he believed the intel community the fbi did the people a disservice by not sharing information on tamerlan tsarnaev and now we know he was right. mark fuhrman former l.a.p.d. detective and fox news contributor who came on this special saturday afternoon broadcast we had

the day after dzhokhar was apprehended, two days after tamerlan was killed. you secretary of defense i bet you dollars to donuts that the fbi terrorism force did not share information on tamerlan tsarnaev in 2011 when they were looking into him with the boston ph.d. your theory on that is typically the fbi knows better and doesn't want to share with the cops. that appears to be what happened in this case, mark. >> it does, maggie. you know, it didn't take much really detective work on my part. i know i have worked with boston detectives and a lot of other metropolitan detectives. i will tell you big city detectives in metropolitan areas. do a much better job on crime in their cities than fbi agents that come in and are assigned there for two or three years and then they move on somewhere else detectives. learn early okay in their

career from working the streets. worked their way up to detective how to talk to people, how to make cases, how to actually see a suspect and, you know, on that show we had a series of fbi talking heads that, you know, were apologists and excuse makers, and almost indignant with the allegations that myself and a lot of people were making. but, you know you have to look at this, they couldn't access their own clue. they couldn't access their own case file. they didn't share it and it is a kiss of death for any kind of investigation like terrorism or any other kind of conspiratorial case when do you not share. >> megyn: let me put in perspective commissioner ed davis who we came to know in the briefings after the

bombings pretty well. seemed like a sincere guy and somebody you could relate to. he is the one making these charges, he said -- you heard the sound bite in catherine's report that not one of the four people he had asintd to the boston police department to the joint terrorism task force was aware of the fbi investigation of tamerlan and, one of his detectives was even assigned to the very unit that investigated tsarnaev and even that detective was kept in the dark. would that have required an affirmative effort by the fbi to say, keep the local guy out of it? >> absolutely. and let me tell you, megyn. we have to understand that the fbi is run by a politician. the attorney general is appointed by whatever president is in office. it is political appointment. trick -- trick trickles down there. information is a currency.

intelligence is a currency. the more you know, the more important you are and the more power you have. if you trickle that information in intelligence then obviously you lose your currency and importance and necessity of your presence. this is something that the israelis, they have identified the way we do things and they have specifically told me this about how intelligence is used. they do it completely the opposite. all intelligence is disseminated from the top down to the lowest person so they can intercept the threat not just document it later. >> megyn: need a quick answer on this, but what could the local cops have done more than what the fbi did? >> they worked the suspect, megyn. you know, if a snitch calls me up and says i know this guy that's robbing banks, i don't go up to the guy that's robbing banks and say do you rob banks? i work the guy.

i surveil the guy on my spare time. i do workups. i get a snitch. i have somebody try to get information on him. i follow him. i have a unit follow him. i do something. i just don't go interview a few people like i'm doing a job interview and then ultimately tell the suspect i think he is a terrorist. >> megyn: one of the many lessons we're continuing to relearn in the wake of boston. mark, thank you. >> thank you. >> he is going to be moved to the county jail sometime this morning. this morning he was up on the sixth floor medical unit in our city jail but he will be transferred to the county now. >> why was he in a medical unit? >> whenever there is a sensitive case such as this or a case of a sexual nature, or there is any risk of any reason to put them in protective custody, that's where they are held. there is various reasons they could be up there my

standing is he was at some point. >> on suicide watch? >> yes. >> megyn: just got those remarks seconds ago from the public defender who appeared this morning with aerial castro in cleveland. he is the man charged with multiple counts of kidnapping and rape after police say he held three women hostage inside of his home for 10 years. they were found this monday, this past monday after one young woman made a daring escape. now we are learning a lot more about what they went through. rick leventhal live in cleveland with the very latest. rick? >> megyn, aerial castro never said a word and barely looked up during his few minutes in court this morning. had his chin buried in the collar of his jumpsuit with his head bowed down almost the entire time. a far cry from the behavior described in a police report accusing him of terrorizing the three women that he allegedly kidnapped by luring each of them into his car on separate occasions and beating them and chaining them up in his basement and repeatedly sexually assaulting them over the past decade. in a report obtained by

wkyc the oldest victim michelle knight told investigators castro impregnated her five times and forced her to miscarry by starving her two weeks and repeatedly punching her in the stomach. castro forced author deliver amanda entery's. he says if the baby dies he would kill her. she says the baby did stop breathing and she performed mouth-to-mouth resuscitation to save both their lives. amanda was able to call for help monday because castro forgot to lock the big inside door but she was still scared that it might be a trap because in the past castro would pretend to leave and not tie them up and if they tried to escape he would beat them. berry and the third victim gina dejesus have been reunited with their families for the love and support they have been deprived of for so many years. knight is still in the hospital reportedly she is having trouble adjusting to li that house of horrors. megyn? >> megyn: so dark. all right, rick. thank you. more moments on our top

story as fox news confirms that catherine russell, the widow of the dead boston bombing suspect has just hired an attorney with an extensive track record of defending terror suspects. wife did she do that? does she know something we don't know about whether charges are coming? and, it took a jury just 15 hours to find jodi arias guilty of first degree premeditated murder. but as the penalty phase begins, there is a growing debate about whether this woman, who says she would rather die than spend the rest of her life in prison will and should get what she wants. that's in kelly's court. >> i believe the majority is against me. >> what are your thoughts on that? >> a psychologist once explained to me that society has this need to persecute people to get some sort of grawfings from it. so there might be something going on there.

>>

well known for defending some very high profile terror suspects. so, is that what she is? joining me now david wol defense attorney around prosecutor now prosecutor. who is this guy jartel and what is his history? >> well, it sounds like he is a specialist in representing terrorists. and i think that the inference then as well, she must be a terrorist. and i think that's unfair.

i think that the investigators that are investigating her are investigating terrorists and she wants someone who specializes in that arena. if she had a dui manslaughter, she would want the guy who knows that you have to use a non-chock swab when you are taking the blood from the arm or anticoagulant when you are getting a sample. >> megyn: if a perfectly innocent person. most of our viewers out there watching, got called up by the fbi and found out that their spouse was a terrorists who had just committed a terror attack at the boston marathon. i don't know that they would say now i'm speaking to them. i let -- i had nothing to do with this. i have nothing to hide. i'm an open book. i better get one of the top terror defense attorneys in the country to come help me. >> yeah, megyn. i mean, she says no, no. no the problem is the circumstantial evidence in this case says yes, yes, yes. she converted to islam several years ago which in and of itself isn't suspicious. the problem is the person who facilitated the

conversion happens to be a radical or happened to be a radical islamic her husband. they looked at her laptop computer there are visits to inspire magazine which some regard as the international handbook of terror which too muchst you how to to build bombs. she lives in tiny apartment smaller than your studio in all likelihood. >> megyn: much smaller. >> if she saw it and didn't report it that in itself isn't a crime. if she aided or abetted in any respect or conspired which is an agreement or act in furtherance of the agreement, she is in big trouble and circumstantial evidence is building against her. that's why she hired jartel i think it was a wise move. >> megyn: he represented bombing in the embassies in east africa. is he based in new york. she is in rhode island. they say that beef up her resources but, marc, there is a reason they went to this guy. and there is a real

question about whether, when you are married to a true radical jihadist, what are the odds of her being this moderate muslim convert who really didn't share any of the same views as the man to whom she was married and lived in 800 square foot apartment with? >> so she should go to a ticket lawyer. 1-800 citation. you go to the guy who is the best at what he does. and, let me just tell you, i have no idea if she was involved or not. one of the arguments in her favor is that she is actually cooperating. before do you that. >> megyn: reportedly. reportedly. because last week the "new york times" had an article saying she had stopped talking. >> well, at least initially anyway. she would have talked to an attorney, the attorney would have said well, based upon that i feel comfortable letting you talk to investigators. you need someone who knows what they are doing. get a queen for a day letter to make sure that the rights are protected that they can talk to federal agents. you want someone who specializes in that arena. >> megyn: queen for a day letter? let me ask you, david, because this is what her

existing lawyer, the guy in rhode island said about this. mr. jartel's unique specialized experience will help ensure that katie can assist in the ongoing investigation in the most constructive way possible. um-huh, right. she hired him, david, so she could better assist the authorities. >> that is absolutely not his job or his role in this matter, megyn. that's the last thing he is going to do. what is he going to do is speak to her for many hours and then determine when she needs to shut up. and my guess is he has already done that and she will stop talking, megyn because as i said, she can deny all she wants, but the circumstantial evidence is gigantic. it's growing, and it points to the fact that somehow she aided or abelted or conspired or involved in manufacturing these weapons of mass destruction. >> megyn: well with, you know, when they start to be dishonest about why they bring the attorney on, it makes me feel like they're dishonest about more than that let me ask you one more thing. the feds have the biggest

card of all to play. that is we can take your child away from you. we now know that your child is being washed by a terrorists made six bombs in the apartment. you were off working and claim you knew nothing about it why should we leave the child with you. if she is not cooperating that's the ultimate trump card, is it not? >> they can but is that really fair? ultimately you want her to continue to talk. you want to learn things. you have a great attorney who will protect her rights because, listen, if they interpret anything that she says is a lie, now she is getting hit with obstruction of justice. so, if she is going to talk, she needs to be protected. that's all. i don't know if she is involved or not. getting a lawyer is not a crime. >> megyn: no one is saying it is we want to know what the implications are after yesterday benghazi the spotlight turns to the mainstream media and show you how some are handling this story. wait until you hear what the "the washington post" tweeted out. a school has suspended a 7-year-old for pretending to be a u.s. marine. fighting the bad guys like his dad. why they gave this little boy the boot from school

next. >> i was playing. >> enough is enough. where do we draw the line. a pencil was it sharpened or not? number 2. what's the big deal? he is just being a kid. [ male announcer ] this is kevin.

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>> we are following story out of virginia that's gaining national attention today. two second grade boys playing a school yard game of marine vs. bad guy gets suspended for two days. one boy pretended his pencil was a gun. trace gallagher has the very latest. trace? >> the school, megyn has been ennun dated with phone calls and emails criticizing the suspension of two seven-year-old boys. christopher marshall was playing the marine because his dad is a former marine.

the other kid was playing the bad guy. christopher pointed the pencil and made the sound boom boom. now, it should be noted when the teacher told the boys to stop, they did. neither boy has a record of discipline or academic problems. but the school says rules are rules. listen. >> a pencil is a weapon when it's pointed at someone in a threatening way and gun noises are made. some children would consider it threatening who are, you know, are scared about shootings in schools or shootings in the community. >> the school went on to say quoting here kids don't think about cowboys and indians anymore. they think about drive by shootings and murders and be everything they see on television news every day a lot of parents disagree with that statement. here is christopher's former marine father. listen to him. >> there is going to be people that are overly sensitive because of what has happened, but you also have to bring used to be called common sense into play.

>> good old common sense. because of the attention this has gotten and the fact that fingers in the school district are also considered weapons, the school board is now planning to revisit this weapons lookalike policy and they will do that tonight at the request of a couple of school board members who say come on, really? all they need are four votes to get this rule changed and they may get that tonight. the turnout at tonight's school board meeting expected to be very high. >> megyn: retired marine not former marine. once a marine always a marine. unbelievable report. thank you. >> yep. >> megyn: we're taking your comments on that. follow me on twitter at megyn kelly. all right. coming up, a growing debate over media coverage of yesterday's hearings on the terror attack in benghazi. as one major media outlet describes those who were following and tweeting out messages about benghazi as chick-fil-a lovers. really? while others push the idea

that the reveal little information and whistle blowers were spinning a quote yarn. we will ask fox opinion writer dan gain nor of the media center what he thinks is going on here. don't miss this. penalty phase about to again in the jodi arias murder trial. the woman says she would rather be sentenced to death than spend the rest of her life behind bars. would l. she and should she get the death penalty? that's on kelly's court. >> honestly, i didn't look over at her. my eyes teared up and i couldn't see. i think i just looked skyward and thanked god for this day. if what she did to travis is does not justify the death penalty in america today? then why do we have one?

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>> megyn: an interesting story developing on capitol hill where republican senators are staging a boycott of president obama's pick to head up the environmental protection agency. a committee vote on gina mccarthy was supposed to happen earlier today but eight republican senators boycotted the vote saying that neither mccarthy or the e.p.a. fro provided information to the senators they requested. under the rules boycotts holding a vote. the move delay as confirmation vote on the president's controversial new labor nominee tom perez. more on that as we get it

three whistleblowers took the stand in a highly charged hearing yesterday, challenging some of the administration claims on the terror attack in benghazi, libya on september 11th of last year. but even before the testimony was done, the spotlight turned to how some media outlets were handling the story. here are some of the headlines that have emerged from some major media youthlets. the "l.a. times" headline is partisan politics little new information at house benghazi hearing. the huffington post headline benghazi hearing reveals incompetence but no coverup. the "u.s.a. today" headline quoting the administration: white house, colon, benghazi hearing covers old ground. and from the san francisco chronicle g.o.p. benghazi hearing stokes political controversy. dan gainer is with the media research center and wrote an opinion piece for us here at foxnews.com that caught our attention. dan, thank you for being here. i want to ask you.

that just gives you sort of a flavor for how some are covering this. but if you look at sort of across the mainstream media, it was a collective yawn in response to yesterday's benghazi coverage. first of all, let me ask you why. >> they have been doing this throughout. this is a continuation of their policy to minimize a scandal that makes hillary clinton look really bad. the why is she is running for election in 2016. the media have always loved hillary. we see it in both the way they -- what they did cover and, frankly, their attempts to minimize it one of my co-workers did a tally this morning and they did something like seven times more coverage of the two of the arias trial and what's going on in cleveland than they did on this case where an american ambassador and three other people were killed. >> megyn: i mean, that's the interesting thing. when you look at what folks chose to concentrate on, they were much more interested in jodi arias

and on the tale of what happened in cleveland which both are horrific crimes, but in neither case were four americans killed in a terrorist attack on this country. which is what that was on our consulate on september 11th. yet, from the beginning, dan, we have seen so many in the mainstream media just simply not interested in benghazi. i want to ask you. the american spectator has a piece out today suggesting this is part of the clinton playbook, suggesting that hillary clinton and her husband bill have long been following a rule book that when it comes to bad news whether it was bill's affairs or this, go by dismiss the accusation as old news, attack the messenger, try to discredit the person leveling the accusation, cover up inconvenient truths. and, according to jeffrey lord of the american spectator he saw that playing out in earnest yesterday as well. >> well, i mean, you know, there were probably millions of americans who still believe somehow or another this was connected

to the stupid video. that has been going on since, you know, literally day one. and now we get whether it is, you know, dana milbank in the "the washington post" doing his best to dismiss the testimony as a yarn to very serious criticisms of the "new york times" from their own public editor. but one of the most disturbing things is, you know, what's going on with cbs. even though they have done a better job covering it thanks to sharyl attkisson is allegations that their ability to get along with her they say, according to politico that she is actually coming close to being, you know, pushing an agenda. that's disturbing that news coverage gets dismissed when it's inconvenient for the administration. >> megyn: she is really the one reporter of cbs,abc and nbc who has really covered benghazi from the start. she has covered it aggressively and broken a lot of news on it politico report on it yesterday was

disturbing about how she is so under fire for her reports according to politico that now she is in talks to leave cbs, the head of the end of her contract. now, as opposed to rewarding her for being dogged and breaking a lot of news on that story, according to politico, there are talks to get her out of there, early, prematurely. >> yeah. and our own tally had her not doing any of these stories. they had her working on other things, but she had -- she said aside this story for five full months. that's so. opposite of the way journalism usually works. when you sink your teeth into a story. editors say, you know, keep going. >> megyn: right, then there is the "the washington post." which was sent to me yesterday during the hearings and i thought, there is no way this really happened. i'm not reporting. this we will see whether this is true. it turned out to be true. the "the washington post" has a social media reporter named katelyn dewey who sent out the following

tweet during the benghazi hearings. look at it we have it for you here. most of the people tweeting about benghazi are rich, middle aged white dudes who like chick-fil-a, surprised? as far as we can see no apology from "the washington post. no attempt to take that --k franklin county from katelyn. there is obviously an i understand endoin there which is not complimentary in her view. >> well, you look -- it's almost like the code words for ways that they hate the right racial code word. you like chick-fil-a that must make you a bigot it is so dismissive in 140 characters of, you know, raising questions, situation where the first time we lost an ambassador, had an ambassador killed since 1979 ordinarily journalists would actually

care about such thing "the washington post" tweeting out information to her little surprise at the end. chick-fil-a and stance on gay marriage. it's clear she thought the benghazi thing was a big nothing burger. queer -- query about whether that was appropriate. does any of this matter? if the "the washington post," if the "new york times," if the "l.a. times," if the san francisco chronicle were reporting this in a way that didn't dismiss these whistle blowers'' sworn testimony as a yarn, and nothing to see here and they didn't lay a glove on hillary clinton, another thing that dana milbank printed. would it make a difference with the american public? >> we know this from advertising. if you want to advertise a product you woman barred the product with repeated messages about it if you want to minimize what

happened here and say oh, it was just -- it was some cop fusion or it was incompetent at the bus stop but it wasn't a coverup, well then you repeat it endlessly and the american public will believe it you know, we saw that even on jon stewart last night. jon stewart i do voted more time last night 8 and a half minutes than we saw on all three morning shows on the networks running cover for this. that is the message of 2016. >> megyn: dan, thanks for being here. >> thank you very much. >> megyn: up next, it took a jury over 15 hours to find the jodi arias guilty of first degree murder. as the jury phase is about to begin now question whether this woman who claims rather die than the rest of her life in prison should get what she wants >> i said years ago that he would rather get death than life and that still is true today. i believe death is the ultimate freedom.

i would rather have my freedom as soon as i can get it. i knew you'd come. like i could stay away. you know i can't do this without you. you'll never have to. you're always there for me. shh! i'll get you a rental car. i could also use an umbrella. fall in love with progressive's claims service. i don'without goingcisions to angie's list first. you'll find reviews on home repair to healthcare written by people just like you. with angie's list, i know who to call, and i know the results will be fantastic.

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>> megyn: kelly's court is back in session. on the docket today a guilty verdict in the jodi arias murder trial first degree. the drama is far from over. in just a few hours the jury will be back. they will listen to arguments from prosecutors that areas killed her boyfriend, travis alexander in an especially heinous, cruel and depraved manner back in 2008. if the jury agrees that that is true, they will

decide whether or not she should be put to death. apparently areas, while she claims that she wants the death penalty, take a listen to what she said to our fox affiliate right after the verdict. >> the worst outcome for me would be natural life. i would much rather die sooner than later, longevity runs in my family and i don't want to spend the rest of my natural life in one place. you know, i'm pretty healthy, i don't smoke and i would probably live a long time so that's not something i'm looking forward to. i said years ago that i would rather get death than life and that still is true today. i believe death is the ultimate freedom, so, i would rather just have my freedom as soon as i can get it. >> megyn: death is the ultimate freedom. mercedes fox news legal analyst. john na -- there is a real question about whether that is how she truly feels or whether that was something to try to manipulate jurors who macon temporary to the

court's instructions consuming some news information. your thoughts on that, mercedes? >> undoubtedly. that's what she is trying to do is manipulate us. frankly, if this crime doesn't fit the death penalty stabbing 27 times. soliciting the throat, shooting them, taking pictures, i don't know what crime exists that actually gets the death penalty. she knows and she spent 18 days in -- on that defense stand. she thinks she can continue to manipulate that jury. the jury didn't buy it the first time. they may not buy it this time. >> megyn: what do they have to prove to get death in the case. jury's decision. they don't just recommend it they get to decide. >> first, they have to find that there were aggravating factors. if you ask me, megyn, there are three aggravating factors in this. first the poor victim was naked in the shower stabbed 27 times. that wasn't good enough. let's put two bullet holes in his face. to me that's aggravating. if they get past that still have the option to sentence to death if they so choose they could let her live. i'm not so sure is she

trying to use reverse psychology on this jury? >> megyn: that's what i'm saying. >> she wants to live but they. >> megyn: you hate me so much so i will tell you what i want which is death so that you will give me the opposite which is life. >> what planet is she living on? to make the statement that longevity runs in my family. you are going to prison, babe. you are going to be living on warm milk and bologna sandwiches for the next 70 years. i think it's going to take a few years off your life. i'm just saying. >> megyn: look at the just position. she want travis alexander's family to find peace. is sweet delivery. so concerned about their happiness and peace now. listen. >> i hope that now that a verdict has been rendered that they are able to find peace. some sense of peace. i don't think they will ever find the peace that they would like, but maybe -- maybe they will be able to have greater peace now. okay some semblance of it

and be able to move on with their lives and remember their brother the way they wanted to. >> megyn: that's great. and the oscar goes to because this is a woman who stabbed him 27 times in the heart as well. then shot him. and look at the bloody sink. not to be sensationalist standing at the sinkthe man watching himself get stabbed to death. watching himself get murdered and bleed out over the sink. oh, but she is so concerned about the family's peace. give me a break. >> exactly. that family member is sitting there jumping at that screen right then and there. they wanted to choke her and do things that she did to him. i mean, frankly it is absolutely ridiculous. and with that little soft, sweet voirks i'm an angel. please don't hate me. >> megyn: it is so fake. >> exactly. >> megyn: they are going to finding a gra investigating factors. i think we are all in agreement. every murder is heinous. to be aggravated it has to

be especially heinous. i think they have got it. that doesn't mean she gets death. that doesn't mean that they sentence her to death. >> no. >> how do they stop a death penalty recommendation or death penalty verdict at that point, jonna. >> she might have to get on the stand again, painfully, this time hopefully not for 18 long days and beg for mercy. giving interviews saying i don't want mercy, i want to die. get on the stand never mind all of that i really do want to live mission meigs convince us whether we should sentence her to death or life in prison? >> mitigating or i just don't want to do it? >> the mitigating factor she is going to introduce. she has already started talking about that is the fact that her family abused her as a child. she is going to bring in the abuse. she is going to talk with the the abuse she suffered at travis' hands, too. all of those go into the

equation as to whether they are mitigating factors that will actually spare her life. this jury though frankly will sit there and say we are not going to travis. but they haven't heard anything very substantial about the family history. that might save her life. >> megyn: three women on arizona's death row right now. two of them killed kids. one of them sounds a little bit more like jodi arias. wendy, here she is, i think. she killed her husband after he had been diagnosed with terminal cancer. she was tired of caring for him so she poisoned him. which one is adriano. she sounds more like that one. they all did get death. her crime is not so much less heinous than at least one of these women, adriano who is on death row now. jonna. >> i don't know might hang on something. i seriously doubt any of those other defendants took the stand for 18 days. jodi arias was able to give this jury a whole lot of information. there could be a little peace of sim paste. something mitigating in

testimony if they don't agree on death she is not getting death. >> megyn: they wouldn't be sitting on this jury if they weren't death qualified saying they were able to do it. murder trial of dr. kermit gosnell. from green tea plus fruits and veggies. need a little kick? ooh! could've had a v8. in the juice aisle. and i have a massive heart attack right in my driveway. the doctor put me on a bayer aspirin regimen. [ male announcer ] be sure to talk to your doctor before you begin an aspirin regimen. go talk to your doctor. you're not indestructible anymore. we're not in london, are we? no. why? apparently my debit card is. what? i know. don't worry, we have cancelled your old card. great. thank you. in addition to us monitoring your accounts for unusual activity, you could also set up free account alerts. okay.

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>> megyn: we're awaiting a verdict in the trial of kermit gosnell. accused of killing babies who survived late-term abortions at his philadelphia clinic. also facing a murder charge in the case of a woman attempting to abort a 24-week oiled baby in utero who died after a drug overdose after going those clinic for an abortion. shannon? >> we do have an update.

the jury has gone back into deliberations. this is day eight. they asked a couple of times to have testimony read back from many witnesses who testified. today the testimony they wanted to hear was from a former clinic worker who worked for gosnell for several years, she testified that she snipped the pines of more than ten babies -- at least ten babies, ending their lives. the accusation is those babies had been born alive, taken a breath, moved, something. part of her testimony focuses on baby d. these i difficult facts. baby d was the child born in a toilet. the was testimony the baby was moving and then adrian motten is accused of taking the baby and

snipping its next and ending its life. the jurors are back behind doors. they generally wrap up at 4:00 each day so we should know within an hour if they reached a verdict or going into day nine of deliberations tomorrow. >> megyn: shannon, thank you. >> our apologies to our viewers. we have been trying to avoid the worst details of that disgusting casing are but now that the jury is getting into specific questions about the evidence, we're trying to bring you the latest, most accurate reports on what they are wrestling with. we'll be right back.

>> megyn: apparently you can say can say former marine, you can't say eczema recent -- can't say ex- marine. i learned that on twitter. >> shepard: twitter can be so helpful. the news begins anew on "studio b." jodi arias is due back in court this afternoon as prosecutors make their case for why she should die for her crimes. >> in a bizarre tv interview jodi arias says execution is actually what she wants. the arizona sheriff says the convicted killer is now on suicide watch. to cleveland kidnapping suspect in his own words, as ariel castro goes before a judge, we're hearing about what appeared to be a suicide note in which he says he is a