some of it goes back to the public cofferes. you have to pay for the hats. >> i like the queen. thanks for joining us, america live starts right now. nfox news alert. a dramatic testimony in the murder trial of george zimmerman as the defense challenging the prosecution's star witness. welcome to america live. i am megyn kelly. rachel is expected to be back on the stand after the lunch break ends. her second straight day. she was on the phone with trayvon moments before the confrontation happen. her credibility called in question as the defense manageed to reveal several inconsistencies between what she told prosecution lawyers and defense lawyers and other individuals before the trial and what she has said on the stand in this courtroom.

here is the defense attorney don west, challenging part of her story. >> i will say it again. so the last thing you heard was some kind of a noise like something hitting somebody. >> that's right. trayvon got hit. >> you don't know that, do you? >> no. >> you don't know that trayvon got hit? >> he could have. >> you tonight know that trayvon at that moment didn't take hiss if and drive it in george zimmerman's face, do you? >> no, sir. >> phil keating outside of the courthouse in sanford, florida bringing us up to speed. >> a much more polite and tranquil star witness answering no, sir and yes, sir to each of the don west's question. but rachel jeanelle doesn't want to be here and doesn't like the

attorney don west. inside of the courtroom trayvon martin's parents watched the critical testimony as west for four hours tried to poke holes in her version of what really happen. >> you don't know what get off means and whether that means somebody on top saying that the person underneath was saying get off or member backing up and saying get off. >> objection. >> the rest of the question... oh, what if in fact you heard it. >> i did hear get off, sir. >> you don't know what it meant because you didn't see it? >> no, sir. >> she came forward with her story three weeks after trayvon was killed.

and while she is far less hostile today she is still rolling her eyes on the stand and working the body language and clearly she is relukt apt to be here and while she is a key witness for the prosecution in that that she can suggest that george zimmerman was the aggressor all along. she presents problems and 19 years old and reportedly about to begin her senior year in high school and admitted she can't read cursive and grammar is poor and very softly and for the jurors challenging to hear. her testimony is more than six hours long. >> thank you. and we played that sound by the. you heard the defense attorney get her to admit she doesn't know who threw the first punch between zimmerman and trayvon martin. that was a critical point for the defense to establish. because the only people who know

what happened between trayvon and george zimmerman are trayvon and george zimmerman. that is what they just established and trayvon martin is passed away and he is the decedent. george zimmerman will take the stand and he will say trayvon threw the first punch and this that's what the defense did there. i will be joined by judge alex and how responding on the issue of race and changing version of events and how she did. and we'll look at another change and her demeanor, her testimony yesterday she was a hostile witness to the defense. >> -- >> i am 0 it takes me time to

get the next question. >> i had told you -- >> are you finished. i'm 0. >> yes. eye rolling and one point she suggested she might not come back today which is not up to her. and she was aggressive and it was clear she did not want to be there. she was host oil to the defense. that tells the jury something she is sympathetic to the prosecution and her body language is disrespectful of counsel and it is notes inially a nice exchange and so how did the jury react. the prosecutor said don't get in his face.

you want the jury to like you and him. today we heard nothing but yes, sir and no, sir and a different sounding rachel. and the defense counsel made a point to mention that she seemed different today. and next hour of kelly's court we'll look at what could be behind this and how she is doing? what blows did she land and fail to land and how do you think team wrim zim is feeling as we are about to wrap up this woman's testimony live. ♪ >> a developing story overseas, reporters challenged president obama on america's failure to capture a man wanted for stealing our secrets. and failure to persuade our so- called allies. president obama first seemed dismissive about the need to capture edward snowden, and then he defended against the charges that america locks weak after russia and china failed to turn

him over despite our demands. right now they are in senegal; ed? good to see you megyn. secretary of state john kerry said that people may die because of the leaks of edward snowden and suggested it was critical in terms of bringing justice. and the president was dismissive of the case and suggesting that the media is hyping it up saying at one point to reporters he has no doubt because of all of the drama of edward no den and moscow there will be a made for tv movie. but the president said he had bigger business to do with chin and russia and he will not be wheeling and dealing with them over this case and also saying he will not use any u.s. military assets to get a guy extradi extradited. >> i have not called the

presidents personally and the reason is because number one i shouldn't have to. this is routinely dealt with between law enforcement officials in various countries and this is not exceptional from a legal perspective. no, i will not be scrambling jets to get a 29 year old hacker. >> not going to be scrambling jets to get a 29 year old hacker. the president ruling out military assets to get to the bottom of the case saying he believes extradition rules apply and confident that russia will help in this. >> returning is colonel oliver north. thank you for being here on that comment by the president. i am not going to scramble the jets to get a 29-year-old hacker. >> i got to work for a president

who did scramble when an american citizen was killed and tlou over the side. he not only called president mubarrack and he scrambled the jets and mubarak lied to him. but they were captured thanks to the quick- thinking of the staff loves in the white house and the united states navy and our special operation's troops that greeted the terrorist. and i would point out ronald reagan didn't hesitate to do things that are helpful to americans. he made multiple phone calls when america cia station chief bill buckley was kidnapped in burrit. and he didn't hesitate to go after perpetrators of crimes. this president in his description of a 29-year-old hacker has set a new standard

for incompetence, misfeasance and ma lfesance and now to the level of an art form. >> you are echoing concerns that others have escrowed. high- level officials talked about what an evil deal they believe that edward no den did and how much he endangered our country by the leaks and that he needs to be treated as a traitor. diane feinstein called him a traitor and people within his own party and administration have not said it is a hacker. he is a traitor to the united states and endangered american live and it is white house came out and said to china, you for big trouble. you let him go and turned to russia and you better listen up and turn him back over to us. and putin said no. and now we are getting a different tone and message from president obama. >> it is obviously beneath him

to engage in the tough work of diplomacy and that's clearly the message you got from the body language and the statement he made. this is not a hacker. this is a person who is in the extradition paper work has been indicted or going to be indicted if we get our hands on him for the crime of espionage. that is not hacking and breaking in someone's backing account or using a false social security number. he could put the country in great risk by the information he stolen and revealed to others. lord knows what information the chinese and russian have got from him and set aside equadorwhich offers nothing in terms of privacy or friendship to the united states. >> why the dismissive attitude from the president? >> write it off to incompetence or mes feance. i moan what i said.

they have taken characterists. ma lfeance and nonfeance in competence to a new art form. >> thank you for being here. >> i look forward to being with you from afghanistan. >> send our best to our best and bravest. >> will do. >> we learned disturbing new details from a nfl star. they laid it out in great detail. sounds like someone talked about what he allegedly did. and dr. keith takes us in the mind of aaron hernandez. how do you sign a $40 million deal and go out and kill someone dpangster style. why is he so angry. >> and the supreme court rowelling on gay marriage. and anthony kennedy reported that the language and the opinion that those who do not

support gay marriage may be bigoted. we'll have a fair and balanced debate on. that and in the wilds of florida, so horrifying that the scientist were frightened. you can see what this is. [ female announcer ] doctors trust calcium plus vitamin d

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>> fox news alert. we got word that aaron hernandez has a bail hearing in 45 minutes and we have cameras live in the courthouse for that. and at the same time massachusetts prosecutors are releasing chilling details in the murder case they have from the football player released from the patriots. they have surveillance video of hernandez car carrying him and two others and odin in a industrial area less than a mile from the home. that's where lloyd was murdered execution style and shot five times including twice from above

as he laid on the ground. people are asking how can a man just awarded a $40 million contract allegedly turn around and plan out and carry out a murder according to the prosecutors in cold blood in dr. keith a blow is on the fox medical news a team. we'll see how he pleas and we have every indication of not guilty. when you read the prosecutors laid out. it is chilling and awful. they say he was upset that lloyd had spoken with a bar with whom hernandez had trouble and two days later, he decided to drive to that guy's house and get out and get his associates with him before he did it and take him to a park and shot him five types. dead. your thoughts. >> perhaps people should be less surprised that this happen and look the 40 million contract would make it more likely.

if the temp plate is a flawed man, and if his gang past is reported gang past and drug abuse are true and you fuel him with adjualation and 40 million bucks things will not get better. they will get worse and people tend to forget that. >> but so many nfl player have a troubled history, right. and they get million dollar contracts and they don't go out and murder somebody execution style. >> some do and o.j. simpson simpson may not be found guilty of murder but was in prison for related offense. and this recruiting of people who have shown beczar behavior in the case of hernandez, there is very troubling behavior and

sets the nfl up for trouble in the future. you wouldn't bring them on board businesses and ask them to enteract with others. you would be gravely concerned about their past. >> they talked about how he was rejected by some in the nfl according to recruiting reports because of marijuana use and known gangster -- gang sort associates. and not a long rap sheet of his own. how do you go with a guy who is associating with nefarious characters and smoke pot and to a guy who would. you kicked off and someone spoke to the wrong people and pick them up in the middle of the night and shoot them five times including why he is down on the ground already. you might administer psychological tests and might ask to interview people who are

friends and associates of his and might ask why the other teams past and unearth the data of just how violent was he in the past and certainly when he was alleged to have shot a man in the face months ago. you would have pulled him in and saying you are getting a psychiatric profile done now and go in a looked psychiatric facility. if you don't do that, you are off of the team and that didn't happen. that averted disaster. >> he is being sued for shooting another man and he may be investigated for a separate double murder. we don't have that confirmed. we'll see where it takes us. and steroids are ram pant. and teroids and lots of athletes are on them and don't commit murder. we don't know if he is on that. >> i would wonder about steroids and other drugs of abuse and

wonder if the nfl has done enough to look at repeated head trauma in people like aaron hernandez and how that evolves over time and hope they reflect it would be preventible. he be hospitalized it would may not have happen. >> they have the friends leaving the house with him. and they have them arriving outside of lloyd's home and text messages, between all of them and employees in the overnight industrial park hearing gunshots at the time they were there and surveillance video in 3:29 at hernandez home and walking around with a gun in his hand. this is good evidence for the prosecution. dr. a blow thank you, sir. we'll wait for the bail hearing. and after weeks of criticism, the administration today being slammed for opening the doors to

a man with ties to a terror group and a radical muslim cleric and days after a filibuster and blocking texas from restrict the late history term abortions a huge term in the case. efficient appliance. you can get a tax write off for those. a programmable thermostat, very smart, saves money. ♪ cash money sorry. i see you have allstate claim free rewards, for every year you don't have a claim, you'll get money off your home insurance policy. put it towards... [ glass shatters ] [ girl ] dad! dad! [ girl screams ] noise canceling headphones? [ nicole ] that's a great idea. [ male announcer ] home insurance that saves you money for not having a claim? that's allstate home insurance with claim free rewards. talk to an allstate agent... [ doorbell rin ] and let the good life in. t8% every 10 years.age 40,.. we can start losing muscle -- [ doorbell rin ] wow. wow. but you can help fight muscle loss with exercise and ensure muscle health. i've got revigor. what's revigor? it's the amino acid metabolite, hmb

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>> that was a keep in austin, texas, protestors storm the capitol in the midst of a controversial vote that restrict abortions after 20 weeks and the measure failed tuesday after a filibuster that stretched 15 hours or so. and the protest group that managed to push the vote passed a midnight dead line. we talked about this yesterday

and president obama's twitter account tweeted that something special was happening in austin as the citizen tried to shut it down. and texas governor rick perry is ordering that legislature to meet in a special session to vote on the bill and the left attacking governor periwith messages on twitter. they are live in grapevine, texas now a pro-life group is gathering. >> yeah, national right to life annual convention is here in north texas. this was scheduled before the dramatic unveiling of this week's a borgdz bill. republicans, we covered yesterday. republicans had enough votes to get this thing passed and they were up against the clock because of the special legislative session in austin

ended in midnight. and senator wendy davis spoke 11 hours straight and short time ago rick perry rallied the crowd here in north texas and getting standing ovation when he talked about how he called the law makers back to austin to get this done and vowed to get this past and flat called out those who had a hand in what went down in the state capitol this week. >> i am all about honest and open debate. parlimentary tactics are not anything new. and what we witnessed tuesday was a hijacking of the democratic process. >> we'll bring you back up to speed here again. the bill would ban abortions and require clinics to upgrade and meet hospital- like standards and mandate that doctors carrying out the procedures have

the ability to admit patients within 30 miles of the clinic in case there are problems and it is the last two points that have pro-choice advocates fired up. because of that most abortion facilities would have to close because of the costly upgrades and not within 30 miles of the hospital. listen to what the other side said. >> the voices are silenced by a governor who had blind partisan and personal political ambition the official business of our great state. this is not an issue that is affecting the state of texas and a lot of talk in d.c. it is worthy of saying it again, the night of the filibuster and night it was going down in twitter, president obama's account is not out a message and said that something special was

happening in oughtin. that is to be continued. >> serious criticism after the gay major decision. did justice kennedy suggest that half of the country is unhinged members of a wild- eyed listen mob. why justice sca liowa a and conservatives think that justice kennedy went too far in his opinion. >> and the nfl to promote obama care. the feds are using a new group to sell their message and they only stand four feet tall. >> and big developments in the george zimmerman murder trial. the state's star witness undergoes intense examination. [ male announcer ] eligible for medicare?

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>> fox news boston now, federal prosecutors said marathon peopling suspect tsarnaev was charged. among the charges, killing four people and using weapons of mass destruction. there was a bombing that wounded scores of others and the death of a mi t police officer in the manhunt after the attack. we'll have a live report from the feds.

. new fallout over the supreme court's decision to strike down the defense of marriage act yesterday. that ruling gives couples that do recognize the marriages as same federal benefits. and justice sca lia said justice kennedy who is a swing vote in this cases and colleagues in the majority was a 5- 4 decision and called oppons of gay marriage enemies of the human race. and joining me now simon rosenburg. and a former campaign advisor to bill clinton and ben shapiro. and gentlemen, welcome. and so the complaint by skralia and others who are taking issue with the wording and justice kennedy and four liberals that joined with him are dismissive

of those who don't support gay marriage and talking about doma was motivated by a bear congressional desire to harm a mechanically unpopular group and how the law inflicts an injury on gay couples and half of the country feels objection or wariness about gay marriage and there is no reason to disparage their motives on such a sensitive issue. >> it is clear that the majorit opinion believes it was to degrade the community. and goal is casting everybody as everybody as unreasonable. and the mayor said it well. he came out and said it is a triumph over the ignorance. and that is what justice kennedy said in the majority opinion we are the bad guys and no rational

why we prefer traditional over homosexual marriage. >> he right writes it humiliates tens of thousands of children and makes it difficult for children to understand the integrity and closeness of their family and goes on and on. and simon, that's how you feel, but should a high court conclude that as a matter of law in striking down a statute. >> you are a lawyer and i am not. and i am sure you will correct me. using the equal protection clause and declaring doma to be discriminatory it implies that there was discrimination going on against a class of americans that is protected by the constitution. whether sca lia's characterization of what happened yesterday is accurate or not, the court is on record and this is now the law of the land. you know, i think that i for

more am cheering the decision and understand why there are many americans who struggle with this. it is a big change and happening quickly and if you look at polling, most americans are comfortable with us moving in this direction and you will see many more states legalize gay marriage in the coming years. >> how dow feel about legalizing same- sex marriage. 46 percent favor and 47 percent oppose and then on the question of whether there is a constitutional right to it, 52 percent say yes, there is and 45 percent say no, there is not. the polling is showing an evolving society. but the question is do justice kepd kenned and the left unlike simon here today resorted to rhetoric of talking about ignorance if you don't favor gay marriage. don't they risk alienating the people they want to convince? >> of course, calling everybody

a villian to those who disagree with you. and that is the basis of the gay marriage group. this is where i am off the rails with the left. they are celebrating the decision. from a supreme court who decided to moralize from the bench. if there is a law that passed and put it in the state level and justice sca liowa a talked about how traititional moralitty is the value. and then they would talk about the overstepping of the constitution. but when it is using to club half of the americans the left celebrates. >> and they call it judicial activism and going to get praised on something like this. and they think it may have done better not to weigh in on this and on the other hand look at

decisions like brown versus bofrd education who knows how long it would have taken for us to get rid of separate but equal. >> it is not far to call it the left. there are plenty of republicans that support. and the chief justice was appointed by a republican president. it is unfair to characterize it left and right. there is a lot in the middle. and to reaffirm what you said. democrats were upset the day before the decision about the voting right's act decision which was a piece of legislation that was passed in the last couple of years and overwhelming bipartisan support that the supreme court gutted. and so the democrats on tuesday, right, were upset about the court overreach and on wednesday the republicans were upset about the court overreaching. >> they have manageed to

alienate everyone. >> tough decisions this week. >> all right. guys, thank you so much. >> and thank you, thanks a lot. >> and now we are less than five minutes away from the state's star witness in the zimmerman murder trial and taking the stand dpaen. this is it, folks. they don't have an ear witness to the moments before the confrontation took place between zimmerman and trayvon martin. and we'll speak with judge alex next. >> and an amazing and frightening find in the wilds of florida as scientist examine a wasp nest that is almost the size of an suv, that is not good. trace gallinger has the story.

>> fox news alert. we are expecting the testimony to resume in the murder trial of george zimmerman. and the state's star witness rachel is expected to return to the stand. she is a friend of the victim, trayvon martin and considered to be a linchpin of the prosecution's case against zimmerman. the state said martin through the bloechlt she is having credibility trouble and caught in more than one lie under cross examination by defense attorney don west.

joining me is judge alex perrie. >> and your overall take on the credibility of the witness. >> credibility wise she is poor. you feel better today from a prosecution stand point she is better today. she was horrible yesterday and she is consistently inconsistent and brings up words and phrases get off, get off. >> that is an important point. >> critical. that means zimmerman is on top. >> they will argue about who was on top of whom in the beating. and she is adding fuel to the file and said trayvon was getting beating. and except that was never there. how do you leave out i heard him saying get off, get off. and it doesn't come up way down the road when she was interviewed by the police. >> she came out and explained

that. when i talked to trayvon's mother and i failed to mention no one asked me. and she didn't ask me. and i didn't feel like being there. >> as if somebody would say did you hear trayvon say get off, get off. no one asked her did you hear george zimmerman saying what did you do here? she had no problem disclosing that. she said she heard trayvon say why are you following me and zimmerman responded what are you doing here and zimmerman responded with what are you talking about. that is more consistent with having to go with trayvon. >> she changed her story several toips and she is openly hostile and retaking the stand and we'll take you there. >> and racial language which is a whole new component. >> i want to ask you that. she talked about how trayvon is

the one who called george zimmerman crazy ass -- and the n- word and trayvon used the n word about george zimmerman. the only evidence is that trayvon using the term. >> that is a big problem for the prosecution. they are doing everything they can to paint zimmerman as a racist and introducing prior 911. so the jury is hearing blackmail, black male and they don't have him using the n word or racial epithet. the only one who used racial slander is trayvon martin. who was a friend who was friendly to the prosecution and not defense. what do you make of her over all demeanor and we sit here and have our courtroom experience. but these are regular folk it's jury and what are they going to say what? >> to us it is contemptuous.

we know appropriate behavior in the courtroom and i am surprised the judge let it go as long as she did. you don't know if the jury is going i don't trust she is disrespectful and not the kind of person i would put credence in and she is rude and offensive, but i believe her, you don't know. you can't put a lot of weight in her appearance. >> she is spotty on her memory and the story changed so many timesine on the stand. and if you are the defense lawyer, you get up to say, you don't have to go after her personally, really? are you going to put a man behind bars for the rest of his life based on her crediblity? and even worse, the prosecution apparently interviewed her. eyewitness or ear witness to a murder for the very first time by picking her up with the victim's mother and the mother's mother lawyer and have the victim's mother sit next to her.

it screams political prosecution. as a former cop and judge, i never heard of a investigation where the police picked up the witness and interviewed them and went to pick up the victim's mother and put them in the car and come long and let you hear what she said about the murder of your child. >> it taints it. >> and it is a earlier deposition and we'll ask you about this. let's listen. >> i want to know the truth, did he say that or not. i need to know. >> will you like walking? >> i know trayvon is walking and my question is did trayvon describe to you, hey, if i see a football game or california pass or a guy to the left. >> the mail thing on the phone. >> i'm 0. >> he's saying the man was on

the phone and he had his hoody on. the man was in the car. and trayvon started walking. and he said i think the man got out for some tra vovon started . he said the man was still following him. >> he didn't say the man got off. >> but he didn't tell you the man got out of the car okay. >> yeah. that is the clip that we wanted to proffer to this witness >> then ask her your questions. >> after hearing the question that ends with did he ever say the guy got out of the car your

answer was, in fact you want that too wasn't it? >> yes, sir. yes, sir. >> i'm going to ask that this be played for the jury. [ inaudible ] >> it is not a dispute so why is it being played. i'm not trying to stake an objection. >> i understand what you are saying. that it would not be impeachment. >> right. >> the objection is why is it going to be played because is not impeachment since she indicated that was her answer. >> while they argue with the judge. what are they going for here, judge? >> as part of her recorded

statement with the prosecutor, he said did he tell you he was getting out of the car, she just admitteded that she said "oh you want that too". >> they are suggesting that she was having a wink and a nod conversation with the prosecutor. >> the suggestion is that she is being coached. that this is being done pony and dog and pony show and she is being coached on what to say. given the inconsistencies, they may be able to get away with that argument. not telling crump and saying the interview, well it is because i didn't take it seriously. she told a different story to travon's mother.

it is normal to have some but these are major. >> these are huge. leaving out details like he told me he shot him. now i remember. i left it out in my last statement. when you add in there the spector that has been surrounding this case. remember the hearing, there was the attorney who took a leave of absence he said in his opinion the state attorney's office had a 500 page report of the contents of travon martin ez phone and pretended to turn it over. >> that is why the defense attorney was so mad. saying there were all of these pictures on the cell phone and they weren't given to me. are they still arguing with the judge? >> and rightfully furious. the only reason the hearing was

continued was the judge ruled that those pictures were not going to come in. she was absolutely right. they don't come in under florida law. >> but you have to turn them over. >> let me jump to this with you. this woman has been relatively consistent on the first line on the confrontation what are you following me for? that doesn't take us very far but it gets us somewhere. it leaves us with the question of who threw the first punch and there is other testimony that we are going to hear. we know because we saw the police report of eyewitnesss who said it was george zimmerman on top of travon martin and there are grass stains on each

representative witnesses clothing. >> she said zimmerman was on top and said on cross because she had seen travon's picture later and realized that the bigger guy was on top. so that picture was when he was 12 years old but another neighbor was standing closer to them. the reason they brought that out, that neighbor whose last name was good, gave a statement saying that zimmerman was on the bottom and travon was beating him mma style. he sees zimmerman on the bottom. >> and they are going to have testimony that mr. zimmerman's back of his clothing was wet and covered in grass. and travon martin's front of his knees where he would have been

kneeling were stained as well. >> this is the part of the case where you go oh wow, they have a great case against them. you are not getting that in this case. >> the prosecution has got to be hoping to make this case on zimmerman. >> i think look, anything can happen. but they may put in the statements and when they put in the statements then his self defense claim is made. >> thank you. less than 24 hours after we saw an irs manager plead the 5th, another one. and then we learned about another conference the new boss is defending the irs. that is next. let's play:

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fox news alert. the state's cross examination is over. you saw them take a break and he concluded this cross and now we will see the redirect by the prosecu prosecutor. let's listen. >> did you learn creole first or english first? i'm curious sometimes there is a cultural thing and we don't always understand things.

>> creole and spanish. >> you all soso mentioned that were shown a letter correct i believe it is defense exhibit madam reporter -- may i approach the witness your honor? >> yes, you may. >> defense exhibit 17. >> do you recognize that here. >> yes, i do. >> thank you. >> defendant exhibit 17 which is the letter that you wrote -- actually you didn't write it. you had somebody else write on behalf of you to sabrina fu fullton, the victim's mother. >> yes, sir. >> it is confusing but you need

to speak into that one. >> do you recognize the letter? >> yes, sir. >> you had a friend of yours write it correct. >> yes, sir. >> and you can't read in c cursive. >> yes, sir. >> objection leading this is redirect. >> can you read cursive? >> no, sir. >> can you write in cursive? >> no, sir. >> you were asked about the friend that wrote that letter correct? >> yes, sir. >> that's a friend that you asked to write it. >> yes, sir. >> okay.

you were also asked about numerous questions about the interview that you gave me, the statement you gave me when i went down to -- in terms of whether an investigate or down in miami is that correct? >> yes, sir. >> and mr. west asked you about the fact that the state attorney's office had been appointed by the government correct? >> yes, sir. >> in terms of you found out that we were handling the case. >> yes, sir. >> and you agreed to speak to me is that correct? >> yes, sir. >> and in fact, as you stated two cars went to a place where you were at, at a friend's house and picked you up to take a statement correct?

>> yes, sir. >> you were pretty emotional at that statement weren't you? >> yes, sir. >> was it hard for you to talk about this? >> yes, sir. >> and in that statement you as best you could attempted to tell what you remembered? >> i'm objecting now, this is a series of leading questions. >> we are going to take a break from this. we are going to listen to senator marco rubio in what is being called his closing remarks ahead of the vote of what may be a historic vote on immigration reform. some feel he is putting his political career on the line. they are about to cut off debate on the bill and here is the senator. >> with limited education and no connections. they sust coujust could pt.

so they saved as much as they could and they boarded a airplane to miami and came to america in search of a better life. now like most recent arrivals, life in america wasn't easy. my father had someone phonetically write the words "i am looking for work". those were the first words he learned to speak in english. he took day jobs and my dad worked as a bar boy on the beach. he saved money and tried to open up some businesses and when they didn't work they tried los angeles and vegas and he found himself back on miami beach behind a bar. the truth is they were discouraged and home him for cuba too. in the early days of castro's

rule they even entertained going back permanently. now i'm sure that on their worst days they wondered if it would get better. and the miracle that we know as america began to changed their lives. by 1967 they hsaved enough mone to buy a house. my holder sister was in ballet and my brother became a star quarterback at miami high. they still spoke spanish at home and kept the customs that they brought with them from cuba. but with each passing year, this country became their own. my mother recalls how on that material day in 1963, she wept at the news that her president had been slain. she remembers that magical night

in 1969 when an american walked on the moon and realized that now nothing was impossible. because you see well before they became citizens in their hearts they had already become americans. it reminds us sometimes that we focus so much on how immigrants can change america that we forget that america has changed immigrants even more. this is not just my story, this is our story. it reminds us of the words etched on the marble of the senate. out of many, one. no one should dispute that like every sovereign nation on this planet. we have a right to control who comes in. but unlike other countries, we are not afraid of other people coming in here from other places. instead, inspired by our

principles, we have seen the strin j stranger and invited them in. and our nation has been blessed for it. god divided the sea and led them through and made the waters stand up like a wall. by day he led them with a cloud by night with a light of fire. he split the rocks in the desert. he made streams flow out from the rock and made waters roll out like rivers. he rained down manna from their food and gave them bread from heaven. our history is filled with dramatic evidence that god's hand is above our land and who among us would expect that we are blesseded people. in the harbor of our most famous city there is a statue of a

woman holding a lamp. keep ancient lands, your storied pum pp. give me your tired your poor your huddled mass es yearning t breathe free. the refuge of your teaming shore sends these to me. i lift my lamp beside the golden door. for over 200 years now they have come in search of liberty and freedom for sure. but often in search of a job to feed their kids and in search of a better life. from ireland and poland and mexico and cuba. they have come. because in the land of their birth. obopportunities.e bigger than here they brought their language

and customs religions and music and somehow it made them ours as well. from a collection of people everywhere we became one people. the most exception al nation in all of human history. and even with all of our challenges. we remain that shining city on the hill. we are still the hope of the world. go to our factories and our fields. go to the kitchens and the construction sites and the c cafeterias in this capitol and there you will find that the american dream is still alive. those who once had no hope will give their kids a chance. here in america generations will finally come to pass. and that is why i support this

reform. not just because i believe in immigrants but because i believe in america even more. i yield the floor. >> it is think important date for those pushing the reform efforts in the us senate. harry reid has said that they believe once they have the vote they should proceed with the vote. there you heard from senator rubio a rising star. given an important role at the republican convention, mitt romney's nomination the night before and then he has fallen out of favor with many on the right because he has been so out in front on the issue of immigration reform on the gop side. but he has banded together with

others as part of the so called gang of ate and believes that he shouldn't let the liberals control what happens. that they needed some republican input on what is best for this country. he believes it is de facto to leave them here for providing how that situation should be handled and they believe that they have a bill now that is not amnesty. and that is playing out now on capitol hill. and we want to bring you this. fox news alert now. zimmerman next. we were recording the critical part of the questions between the prosecution trying to rehabilitate it's star witness now. we spoke about it with judge alex. so far the only person involved

on that night in february 2012 was the victim travon martin the testimony being that he was the one who called mr. zimmerman a cracker and the n word.

i want to bring you now what you missed during the remarks of senator marco rubio i'm sorry of the prosecution attempting to e redirect rehabilitate this witness. it is always a test of what damage they think has been done to their witness. let's listen. >> yes, sir. >> you also made reference at some point that mr. travon

martin referred to the person with the n word is that correct in. >> yes, sir. >> i was talking about the person that was following him using the n word. >> yes, sir. >> by the way, in that letter may i please? >> defense exhibit 17 you actually read it travon martin's name is misspelled were you aware of that? >> no, sir. >> it is spelled trer -- >> over ruled. >> trevon, were you aware of that? >> no, sir. >> i want to tell you as we wait for additional questions and

answers, there could be use of the n word here we have heard that before. they are going back over racially charged testimony i want to let you know that is likely to come, you might want to remove the kids. >> you weren't there in person were you? >> by phone. >> and mr. crump did not ask you specific questions about certain items or questions that i asked you specifically is that correct? y >> yes, sir. >> objection. >> over ruled. >> did mr. crumbp ask you specific questions as i did? >> no, sir. >> you recall in the interview that you gave you referred to the man approaching travon martin and it sounded like a bump, do you recall using the

word bump. >> objection. i guess i don't quite understand what is going on here. is this confronting the witness with her prior statement that he was present for? >> what is the objection? >> it's leading and improper impeachment and if anything it is bolstering by a supposeded prior consistent statement. >> over ruled on all three. >> do you recall using the word bump in describing what occurred to travon martin? >> yes, sir. >> for the record, do you still live -- mr. west asked you about meeting with vindividuals in miami. you still live in miami is that

correct? >> yes, sir. >> you were asked by mr. west about the phone calls that you had with mr. travon martin that day on february 26th. would you agree that the phone records are the best records in terms of the calls whatever the length of the times are? >> yes, sir. >> if i could have a moment, your honor. >> yes, you may.

>> i have no further questions your on who. >> do you have any recross? >> yes, thank you judge. >> you were born and raised in miami is that correct? >> yes, sir. >> and you spoke english at home? >> what age are we talking about sir? >> that is what i'm asking you. are you saying that english is your third language that you spoke creole and spanish first? creole was the first one. >> does your mother speak english? >> not that well, sir. >> i understand that she may have limitations but do you speak to her in english?

>> some times sir. >> and when you are not speaking to her in english, you speak to her in creole? >> yes, sir. >> your father do you speak to him in english? >> yes, sir. >> did you speak english at school? >> yes, sir. >> have you spoken english to your teachers and classmates in school up through today? >> yes, sir. >> are you claiming in anyway that you don't understand english? >> i don't understand you. i do understand english. >> my question is, when someone speaks to you in english do you believe that you have any difficulty understanding it because it wasn't your first language? >> i understand english really well. >> you've spoken it all your life.

>> yes, sir. >> and there is nothing that i have said to you today in english or yesterday that you haven't understood correct? >> no, sir. >> the other thing i wanted to ask you about is, mr. deloriondo said in reference to travon martin saying, clereepy ass cracker and using the n word that people speak like that in your culture. did you hear that? >> yes, sir. >> well, what culture is that where people describe other people as creepy ass crackers. >> prepaa pervert. >> do you understand what i mean by the culture the culture that you were raised in?

>> the area that i was raised in you trying to say? >> i'll say it this way do people that you live around and with call white people creepy ass crackers? >> not creepy but cracker yeah. >> so the creepy is the pervert part that you were talking about. so forget that for a second. you are saying in the culture that you live in, your community people there call white people crackers. >> yes, sir. >> and do they use the n word regularly? >> yes, sir. >> and you are saying so did travon martin? >> travon martin referred to

white people as crackers correct? >> i don't recall sir. >> okay thank you nothing else. >> redirect? >> no. >> may she be excused. >> thank you very much. >> and again, going back to the point that we have been discussing which is right now what they have elicited is that the only person to putter a racial slur in this case was the victim travon martin. under cross examination if he takes the stand that this was a charged approach. t these guys always get away with it there had been a rash of burg laries and describing the people

that he saw as black. many times that was in response to question. the prosecution was trying to allege that there was a racial element to the crime. and the defense is trying to say the only person who brought race into it was the victim. saying that he referred to him as a cracker and the n word. we are going to talk about where we stands now. rachel has left the courtroom and headed home to miami and remains subject to being recalled. if they need her again they will bring her back. the lawyers are meeting with the judge and in three minutes we are going to take this up with our kelly's court panel. how far did they get that is next.

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we are told he is challenging the denial of bail. he was seen mouthing the words i love you. keep in mind the victim was known to be dating a woman that he was involved in. >> i asked him what the man looked like. he told me the man was looked creepy, and. >> he said the man looked creepy. >> creepy white, excuse my language, cracker. >> they are having trouble hearing you. so take your time. >> creepy ass cracker anden he said [ bleep ] he said that [ bleep ] is still following me now. >> did he use a word to describe

that? >> [ bleep ] is still following me. >> pardon my language but did he say the word did you use the word [ bleep ] to describe the manp now? >> kelly's court is back in section. that was the state's star sit nes. that testimony is the biggest cue for the defense. remember, they are saying this is self defense that travon initiated this attack. when you start crediting this witness's testimony she is flawed but comes across as being

brutally honest. she didn't say that conversation that she had in order to paint him in a better light. she simply came in and told it like it was. if you start crediting her testimony as the defense. you can't cherry pick and say, disregard everything else she has testified about. >> i don't think she came across as brutally honest. i think she came across as brutally ignorant. i don't noe what happened last nice to this morning but her whole affect as yes, sir and yes, sir and the jury having to lean into hear it. if she anything other than that. every time she opened her mouth her credibility got chipped away. they lost points by putting her on the stand. >> when you are prosecuting

cases. you take your witnesses as you find them. people come from different backgrounds and ages. but, that doesn't mean because they can't articulate they aren't the best. >> they didn't have to call her. >> they have to call her. >> they had to. she is the best witness they have to say that zimmerman started it. all that they established with her was that travon martin was on the phone and said somebody is following me. >> and two difference answers are coming out of her. i want to nknow what the prosecution said to her yesterday that went to her being disrespectful yesterday to the almost coma toes witness today. >> we know that zimmerman shot

and killed travon martin. one side is going to say he stopped following him. what we do know is they met back up again and somebody threw the first blow and then they wound up on the grass. and so what has she added to that other than they came together again and travon said why are you following me and zimmerman said what are you doing here. we are going to get more witnesses who say i saw the kid in the hoodie on top of him and we are going to see grass stained knees on his pants and the a wet back of george zimmerman. the built in advantage in this case they face that uphill battle because there is only one eyewitness and he's the defendant.

but i want to say, her testimony is crucial because george zimmerman said do you have a problem or something to that affect and sucker punches him in the face and said you are going to die tonight. this witness is saying that it did not happen like that. that zimmerman is the one who approached him. her testimony now we do have phone records that corroborate the fact that she was on the phone. and george szimmerman says to te operator are you following him she says yes. >> in terms of her testimony. her testimony is backed up by what zimmerman is saying. if you look at the time stamps of those phone calls they aare saying what was going on.

>> even the part that she added on the stand. she heard travon say get off get off which is new. and that is always a red flag. let's consider that. let's say what she heard is why you following me and the next thing she hears is a trstruggle. does that answer anything about whether this was self defense? >> if it went down like that, then in that case it helps the prosecution a little bit. it doesn't prove the case but does it prove second degree murder? >> we know that zimmerman followed travon, you know however you think this case should come out. he is on trial today because he started to follow travon martin. he wasn't doing anything wrong. he followeded him. wrongly because the kid wasn't

doing anything wrong. and then a confrontation ensued. can this jury convict this man of second degree murder, whether he threw the first punch or not it was zimmerman who actually scared travon it wasn't the other way around until he started punching back. >> if the jury does that math if they do the math that you just laid out, he is going to jail. like you started it and if you hadn't done that nothing else would have ensued. >> but they are going to get jury instructions they are not going to say if you find that george zimmerman started to follow travon martin that he can be found guilty of murder they

are going to talk about the time of confrontation at issue. >> look at what he did. he put into motion a set of circumstances that led to his death. they are going to use those phone calls to say that he was profiling travon and that doesn't make you guilty of second degree murder. they are going to say he scared the day lights out of this kid. the reason he used those terms. he is scared. he is following me. even if you believe he threw the first punch, that is still on zimmerman. he is the one who created the fear and led him to defend himself. you can't let him come before you now and say well, i shot him in self defense. but that is the law. even if he creates the fear, if he thinks he is about to get

murdered to respond? >> he has put himself into that situation. that is the difference here. the law is you have to ill will spite hatred in your heart that is where the profiling comes in. the in frence there is not that he profiled travon because he was carrying skittles instead of m&m's. you can't put yourself into a situation that someone is getting the best of you and oh, my god i have to use deadly force now. >> is that true? in the classic self defense case is it true that you cannot set up the circ cocircumstance and deadly force if you think he is about p to kill you? >> the law is going to say as long as george zimmerman has a reasonable belief of harm. if a reasonably prudent person

would have had that same belief that gives rise to the self defense. >> it is such a tragedy, it is clear that both men were misunderstanding each other. thank you both. >> there are no winners here. >> no, there aren't and you feel that the true victims are the parents of travon martin. we are also now waiting to see if this nfl player is about to get bond after being charged with murder. other network reporting that he is being investigated with two other homicides that is in moments. plus the same administration that closed the white house to tours is now being criticized for inviting in a radical. next.

live pictures out of massachusetts where a judge just denied bail for afltaron hernan. he is charged with the cold blooded murder of an acquai acquaintance of his. he said the friend was talking

to a group of guys in a bar and he felt those guys were not favorable to them and two days later he took his gun and said that he was mad and demanded that the now victim meet him in his car in the middle of a night. the victim texted a man saying i'm with this nfl guy and within moments was shot five times. that is what the prosecution said. the player's girlfriend broke down and people stepped into shield her. the administration is being slammed for opening the door to this guy here. he is the vice president of the international union of muslim scholars. that is a group considered so radical that the united states

banned him from entering the country. the white house defending the meeting saying that he has spoken out against al qaeda in the past, but that is not l letting them off the hook for this meeting. rich lowery joins me now. all right so the sheik comes to the white house on june 13th, and they are admitting that that happened. but this boss that he works for are controversial. tell us. >> they are a radical group. he is a horrible actor. >> the guy who paid the visit? >> his boss. he has said nice things about the nazis and all of the rest of it. the guy who wept nt to the whit house isn't so great either. he endorsed a group against u.s. troops in iraq.

for me, he has blood on his hands. what the administration will say is that he is not out there where al kid is. they welcome non violent islamists into the white house and think they can be worked with. they were running out here poor rich in the middle of a segment. >> see how professional i handled that? >> it has come to that. all right. so this is what the whas ite ho is saying. he did come, but has rejected forterism and they pointed out that what they discussed was poverty, global health efforts and we needed somebody like that to help with these evers.

>> where do you draw the line. and you are welcoming a whole batch of nazi actors who endorse forms of terrorism and support hamas or do you draw the line further beyond that where i think it is more appropriate. there is a war going on within islam. it is not just al qaeda against everyone else. you have a war with these types and genuine moderates. when you welcome these people in the white house he posts the pictures on his website. it is a great bragging point for him. this organization is pushing to criminalize blasphemy around the world. it is used to suppress free speech. why aren't you meeting with them instead of a guy like this.

>> this international union of muslim scholars, bin bayah is the vice president of it. that is obviously problem attic to have a person like that come to the white house. couldn't they find somebody else? it is like meeting with non violent nazis. they aren't actually operating the gas chambers themselves. they are part of a grand effort. i would put him within that category. >> as you point out does it have to happen in dc at the white house under circumstances that could be used. >> coming up, a war hero and the

missing effort to find it nearly 70 years later. >> 15 heros decorated with the congressional medal of honor. [ male announcer ] this is kevin. to prove to you that aleve is the better choice for him, he's agreed to give it up. that's today? [ male announcer ] we'll be with him all day as he goes back to taking tylenol. i was okay, but after lunch my knee started to hurt again. and now i've got to take more pills. ♪ yup. another pill stop. can i get my aleve back yet? ♪ for my pain, i want my aleve. ♪ [ male announcer ] look for the easy-open red arthritis cap.

u.s. marine who risked his life during world war ii, going above and beyond the call of duty, now hoping to beat the odds again by finding his stolen medal of honor. john roberts is live in atlanta. john? reporter: one of those stories you hope something will do the right thing. september 1944, art jackson almost single-handed lid handedly defeat the japanese. a year later hi was award the medal of honor but on a trip 0

new york city that jackson's medal was stolen from this room at the waldorf-astoria hotel. >> i had left my [bleep] medal in it blocks on the bed -- in its box on the bed in the room, and when i went back, that was the first thing looked to. >> jackson learn his medal was on display in a television repair shop in shares, the own over he shop says he bought it for $300 at a gun show and promised he would give it back to jackson. this is what was sent back to jackson. not in his met useful honor but -- medal of honor, but a fake. shockly insisted he did the right michigan thing, and the fbi now thinks shockley may have never had the real medal and it's still out there.

he statute of limitations on prosecution for stealing it has expired, and the fbi wants to get it back to him, and the congressional medal of honor society they will receive it anonymously if necessary, and give it back. their direction 40 patriot road, mt. pleasant, carolina. >> >> megyn: thanks. more in a moment on the breaking -- me major break in the boston bombing investigation. we learn now that the surviving suspect, has now been charged. let's play:

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>> megyn: thanks for watching. "studio b" starts now. >> first, we begin with breaking news out of boston. a federal grand jury officially indicted the accused marathonblommer, and we are expecting -- in fact we are in a news conference. it's happening this moment. it's the u.s. attorney from massachusetts. let's listen in briefly. >> for their continued cooperation and assistance in this investigation, and district attorney ryan will be announcing charges against the defendant, and you will hear from her short through. the indo it that the grand jury today charges he defendant with numerous counts, among them conspiracy to use a we