good morning to you and your family. welcome to "fox & friends first". i am ainsley earhardt. >> i amhead heather childers. thank you for starting your day with us. at a baltimore ballpark a man fell to his death at turner fie field. the victim fell some 65 feet from the upper level at the atlanta braves stadium and landed in the player's parking lot. the incident occurred during a two-hour rain delay. there's no indication of foul play. and the fall appears to just be a tragic accident. this is the second death. in 20ks 2008 a man fell down the stairs and died. >> hannah anderson's father speaking out for the first time after being rescued from his accused kidnapping james dimaggio. >> for my daughter the healing

process will be slow. she has been through a tremendous, horrific ordeal. >> authorities say the 16-year-old just found out her father is the only member of her immediate family still alive. she had no idea that de image yo kill -- dimaggio killed her mother and 8-year-old brother. we know dimaggio fired at fbi agents first and that's why they shot him dead. >> the terrifying moments a sink hole swallowed the florida resort near disney world. >> can you image being inside of there about 30 percent of the 3 story villa collapsing as people inside frantic will he rush to get out. thankfully all 500 guests made it out alive. it is about 40-50 feet in

diameter. they believe it is actually getting deeper. two other buildings were evacuated as a precaution. >> police searching missing 16-year-old girl. they did discover her body. as of right now there's no confirmation it's the body of that missing teenager. officers have safely found a woman who was last seen friday clinging to a tree. maria molina has more on the dangerous weather hitting the area and what's to come. >> i don't have any good news across parts of colorado and even sections of the plains. we have a chance for more heavy showers and thunderstorms. potential for flash flooding conditioning in some of these areas. in parts of colorado the areas impacted in the past by wildfires are more success acceptable to flooding. take a look at the forecast today, wednesday, thursday and into friday you do have a chance

for more thunderstorms rolling through that area. it doesn't take much rain out here to produce flash flooding. further to the east we have a frontal boundary across parts of the plains and southeast and even the northeast. some spots could pick up two, three, locally even higher amounts of rainfall. this is a concern out here. we have several areas we are watching for flooding potential in the states of kansas, oklahoma and also arkansas. last week we had to deal with a lot of heavy rain. today heavy rain moving into the areas in the mid atlantic and the northeast. even here in new york city you could be looking at potential of flooding because we are expecting heavy rain. temperature wise on the cool side. 68 degrees in cleveland a lot of clouds because of the cold front moving on through. this moefrning another benghazi bombshell a lawyer representing one of the benghazi whistleblowers say 400 surface to air missiles were stolen during the terrorist attack.

kelly wright is live in washington. >> he is a former u.s. torn he represen -- u.s. attorney he represents one of the benghazi whistleblowers. in an interview with washington he makes the claim that during the terror attack on the u.s. consulate in benghazi when four americans among them were killed some bad characters stole mist ills and distributed them quote it is pretty clear the biggest concern 400 missiles diverted in libya and had gotten into the hands of very ugly people. they are worried about an tame president to shoot down an airliner. i do not know whether they were at the anoch but it was somehow involved in the process of the distribution of the missiles.

digenova and his wife victoria represent several so-called whistleblowers from benghazi. you may vs. understalsh lsh al- understand and know a criminal investigation is still going on. >> kelly wright live for us in washington. thanks, kelly. >> this is a horrible story here. the three florida teenagers charged with a brutal beating of a 13-year-old while riding home on the gus from school will appear in juvenile court. he was repeatedly kicked and punched. he suffer add broken arm and two black eyes. colonel allen west says there is a deeper issue that needs to be addressed. >> why do we have 15-year-olds selling drugs why would they turn to this type of behavior against someone who turned them in. jesse jackson called the state of florida has been leading a sit in in the state capital in

tallahassee. where is his voice on this. al sharpton led all of the marches. where is his voice on this. there is a grart issue in the black community people aren't delli dealing with. >> the hear something set for 9:00 a.m. >> racism charges dropped for paula deen. dropping the claims against the former network which caused her career to grumble. she has no grounds on racism because she, too, is white. new overnight says it will challenge the newell election laws. governor pat mccorey signed the bill now requires all voters to show a government issued photo id at the polls and shortens the early voting period by 7 days. it also ends preregistration for teens who will be 18 on election day and eliminates same day

registration. they plan to have expert witnesses 'n for accused shooter major nadal hassan. th he fired at people with a big grin on his face. other witnesses spoke about how they thought it was a drill until they saw the blood. they will allow the trial to move quickly. 62 witnesses have already taken the stand. they won a third of the power ball jackpot will hold a news jackpot in ocean county. 9 group and 7 men collected the $86 million set. each will get $3.8 million after

taxes. wonder if they will have the retail sales. those numbers will be out in the next 3 hours or so. it should be an important checkup on consumers to see if they are spending or tightening their wallets. here with that and top business news this morning let's head over to damned shapiro. >> they are due to be released at 8:30 this morning. sales will be up 3 tenths of a percent and 4 tenths of a percent. a weak report could indicate consumers are struggling in the u.s. economy to get a foot hold. the june numbers are weaker than expected. people who use google chrome web browser you face a security risk. the browser stores your pass word for various pass words. anybody access to your computer can see the pass words.

they have to launch google click onsetings and type in pass words. all of the stored pass words they appear. if you wish to protect yourself all you have to do is clear out your pass words and stop storing them in chrome. google has no plans to change the system at least not yet. >> medical procedures drive up the cost of healthcare and their pets. they can have health insurance for their favorite cat or dog to help keep their pet healthcare costs down. wal-mart is among the various companies testing pet healthcare. although it is welcoming it only in canada. it is expected to grow with some companies. 3,000 so far offering pet insurance for their employees as a perk to keep the employees on the job. a third of the temperatures are fortune 500 companies.

>> i am going to check chrome for my pass word first. >> it is nine minutes after the top of the hour a judge ruling on nypd controversial stop and frisk program a ruling say has a major impact nationwide. >> a woman trapped inside her red car ainsley when all of a sudden someone appears and helps her. then as quickly disappears. was it a priest or an angel? the mystery finally relegaled th -- revealed this morning. gas prices new national average 3.54 cents that is down $0.01 from yesterday. i'm checking out the jetta. 34 hwy mpg. check.

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>> that's the way to wake up in the morning. a little stef sri wonder for you. welcome to "fox & friends first". traffic starting to move on the streets of new york city. a massive wild card forcing hundreds from their home. dozens of wildfires across the west in recent days. one is this, fast moving and unpredictable blaze burning near the rustic vacation community. 141 square miles of grass and pine trees in the mountainous

terrain. several homes. but no reports of any injuries. >> the college friends of dzhokhar tsarnaev will be arraigned today. two face obstruction of justice charges. they are accused of hiding everything related to april's deadly terror attacks. they hid fireworks and -- removed a backpack and lap top from the room. >> the stop and frisk policy violated the rights of minorities. they ordered an end to the policy which authorities say have saved thousands of lives and the entire nation would be more dangerous without. wnyw's robert moses live in new york city with more. good morning, robert. >> we are senditanding outside one of five precincts where

officers will be required to wear cameras as part of a pilot program. that is one way the judge said the stop and frisk program can be fixed. other key parts of the ruling include the fact that he claims the program discriminates against blacks and hispanics. it can continue but with changes. they have independent monitor to be sure the stops are conducted constitutionally. not surprising the comblier and police commissioner here in new york city lamb basted her for her ruling. they say this has been a key part of the crime strategy of bringing crime down to record low levels the rulings will have a chilling effect on policing not only here but nationwide. >> what i find most disturbing is the notion that the nypd

engages in racial profile. that is recklessly untrue. >> this is a very dangerous decision made by a judge that doesn't understand how policing works and what is compliant with the u.s. constitution as determined the supreme court. >> the mayor and police commissioner were vehement in saying yesterday the city does protect the constitutional rights. not surprisingly the mayor says the city will be appealing the ruling. robert moses fox news. heather, back to you. thank you very much, robert. republican mayoral candidate will be live to weigh in. that will be at 7:15. >> white ty bolger was found

guilty of 11 murders racketeering and money laundering. lawyers say they were pleased with the verdict but still plans to appeal. some of the victim's family members were outside of the court expressing leaf. >> after 31 years, after a lot of fbi cover ups and lies we have somebody guilty in the murder of his father. >> bulger is set to be sentenced in november. >> the processing facility linked to a stomach bug outbreak remember that in 2 states has voluntarily suspended production of the salad mix. t it traced the illness back to california a taylor farm plant in mexico. it provide salad to olive garden and red lobster. hundreds became sick. 32 people even hospitalized. top of the hour next on the

rundown cardian patriarch chris jenner fighting back against the public criticism of his family. >> i was taught dream big work hard and you could have whatever you wanted. >> so what sparked that reaction and what the president said next? >> tracking your cell phone and now big weather is about to get behind the wheel with you as well. [ female announcer ] made just a little sweeter... because all these whole grains aren't healthy unless you actually eat them ♪ multigrain cheerios. also available in delicious peanut butter. healthy never tasted so sweet. grrrrreat outdoors, and a great deal. also available in delicious peanut butter. ahhh let's leave the deals to hotels.com.

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♪ >> good morning. thank you for watching "fox & friends first" going way back to begin your day. we hope your day is starting out great. you probably heard of black boxes on planes but did you know there might be one in your car. as doug mcelway explains it could be a good and bad thing. >> the automobile has been a metaphor for american independence and freedom. some fear this little device will change all of that. the national highway traffic association has issued a proposed rule all cars be equipped with a black box. 96 percent of the new cars already have them measuring inputs like speed, seat belt use wheel spin and direction. black baches from a single day will add more information than a year's worth of crash testing like this as the head of the

design team for the devices. it has a massive privacy dilemma. he designed a lock to prevent any one from accessing them. >> next thing they could do is change the vin number on the vehicle. the vehicle identification number which is in the computer. once they do that then it's okay for them to very simply steal the motor vehicles. >> insurance companies could analyze data that change your rates or change their liability in an accident. over laid with gps data or technology now under consideration to detect the blood alcohol content of the driver. some say the black box could become pandora's box with violation of unlawful search or seizure. >> we want the data to be owned by the vehicle owner. it is required their consent is given when the data for treatment be by insurance companies or law enforcement or others. they are used to vindicate toyota for unacceleration.

the gas pedal was fully depressed and the breaks were never applied. in washington doug mcelway, fox news. that leads us to this question. do you think they are a violation of privacy? you can shoot us an e-mail at fox friends first@foxnews.com. chris jenner is hitting back pretty hard at president obama for criticizing her daughter kim kardashian and kanye west. he recently said it was wrong for children to focus on what kim is wearing, where kanye is on vacation and lives in a 10,000 square foot house. here is jenner's response. >> i wasn't aware that you could only set the bar so high and that we could only dream so big. i was taught dream big, work hard and you can have whatever you wanted.

(applause) >> right? and another thing i thought was, wow, i bet the president has some friends with 10,000 square foot houses and you probably wouldn't mind going over there, mr. president, while you were asking them to have a party for you when you were campaigning for dollars to run for president. >> she also said that kim's job afford her to live in a 10,000 square foot house. >> another green energy scores millions of dollars in federal stimulus funds. the energy department justice entertainment the company is mixed it may have to declare bankruptcy because of poor sales and trouble with financing. the company received $100 million stimulus grant for charging stations for electric cars. it is now 26 minutes after the top of the hour. we told you about hundreds of

immigrants using a key word or several words to get into america. now they are overwhelmed putting hotel rooms on your dime. >> stay tuned for that one. a guns and roses rocker under investigation for the top proposal.

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>> tragedy at the field. a man falls 60 feet from the up der deck -- upper deck to his d. >> hundreds of u.s. missiles were stolen on the same night four americans were killed landing in the hands of the enemy. could this be behind the administration's silence. >> a mystery person appears after an accident. was it an angel, a priest. the mystery finally solved. fox news starts right now.

>> ♪ >> we hope you are getting moving, too. good morning it is tuesday by the way. welcome to fox and friends first. i am heather childers. i am ainsley earhardt. it is now 32 minutes after the top of the hour. this morning hannah anderson is back home with her father in california. for the first time she is speaking out from her rescue from kidnaper james dimaggio. >> for my daughter the healing process will be slow she has been through a tremendous horrific ordeal. >> authorities say the 16-year-old just found out her father is the only other member of her immediate family still alive. she had no idea he killed her mother and 8-year-old brother.

their bodies found in his home. he fired first that's why they shot him dead. >> customs enforcement using tax payer money for dozens of illegal immigrants to stay in hotels. this is one hotel where ice bands arrived several times over the weekend. the rooms often costing at least $99 a night. they acknowledge the hotel stays did exist. other illegals had addresses as far as florida and texas. it is attributed to allegations illegal immigrants for using key praises like credible fear of drug cartels across the border. homeland security is defending the process. eric holder under fire. again this morning a new report from mortgage fraud working group revealed they exaggerated the record on financial fraud

cases. in october the doj said it indicted 530 defendants the real number 107 that is an 80 percent difference. more than 73,000 homeowners were allegedly victims. that number was really 56,000. the doj also said they took $1 billions in reality. it was 95 million. that is more than 90 percent off. the justice department says it regrets the errors. this morning there's another benghazi bombshell a lawyer representing one of the benghazi whistleblowers says 400 air missiles were stolen and there are strong fears they could be used to target an airliner. doug luzader is live in washington with the latest. doug? >> good morning. this is one more explosive allegation in the aftermath of the benghazi attack. it raises new questions about what the cia may have been doing in libya. an attorney who represents some of the west ill blowers in that attack which led to the death of the u.s. ambassador to libya and

three other americans said his information comes from a former intelligence official. the suggestion is that in the wake of the attack 400 u.s. missiles that were in his words diverted to libya may have fallen into the hands of terror. here's what he told radio station wlal. >> it is pretty clear the biggest concern right now are 400 missiles which have been diverted in libya and have gotten into the hands of some very ugly people and they are worried specifically according to these sources about an attempt to shoot down an airliner. i do not know whether they were at the annex but it is clear they were involved in the process of the distribution. >> this is not the first time we have heard about possible cia involvement in libya. it comes as congressional investigation continues into what really took place during the benghazi attack and whether the administration's response was priep yac-- appropriate. >> doug luzader live for us in

washington. >> and now to an extreme weather alert. overnight as the water rises so does the death toll. police searching for a missing 16-year-old girl they discovered a body. as of right now there is no confirmation it is in fact the body of a missing teenage. meantime officers safely found a woman who is last seen on friday clinging to a tree. we have more on the dangerous weather hitting the area. >> unfortunately we are looking at the risk for more showers and storms that could produce flash flooding in colorado. you could have as much possible in the area something else to keep an eye on. through friday we have the chance in place for heavy rain for some of the storms. it will be a huge thing across sections of colorado.

it is seeking less than two inches or less than an inch. it could be enough. it is in the central plains and oklahoma. in the southeast mid atlantic and possibility of flooding. we have front tal boundary so a number of flash flood warnings now in the state of west virginia parts of ohio and even across areas of oklahoma. keep an eye out for that. we could be dealing with flooding as we head out to work early this morning. it is very unusual for the month of august. 47 degrees for the high. texas 98 in dallas 102 in san antonio. >> great weather here in new york. we will take it.

>> maybe it will all come early. >> grab the umbrella, though, it will be raining along with cool temperatures. >> thank you. >> well news to help middle east peace talks leading to protest. >> in a newers israel will release 26 palestinian prisoners before it includes members of hamas. they say it sends the wrong message. benjamin netanyahu says it's a tough decision that is necessary. >> las vegas po investigating whether employees went too far helping a rock star propose. the guitarist of guns and roses and fiancee got a private helicopter tour over the city which ended up costing you 140,000 dollars an hour. the ride coming as the

department is already strapped for cash. >> it does come at a time when we have the potential sales tax increase and how they can't afford it. this kind of things happens. >> will civilian fly alongs can happen but for educational purposes. it is unclear to signed off on this. >> it is a store tree that grabbed the tanks of an entire country an angel priest. a woman had been in a bad car crash in missouri. then the priest dispiered. now the mystery is over. the angel priest is reverend patrick dowling. evidences driving between mass assignments when he saw the closed highway. when he got close enough he says he went to the car to pray with 19-year-old katie and then he let the emergency workers do their job.

>> it is the only explanation i have. because i didn't hide and i just was there waiting, praying. >> he is still an angel. reverend dowling says he left as a helicopter was taking off with katie. it is now 20 minutes to the top of the hour. what every mom will want to hear about autism. why the risk will be even greater for boys. >> plus airlines already have a bad reputation for losing luggage. so would you trust them to deliver your bags right to your door? details on a new baggage program. >>

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>> welcome back. fox news alert for you. tragedy at the ballpark. atlanta police say a man fell to his death last night at turner field. investigators say the victims fell some 65 feet. it was from the upper level at the atlanta braves stadium. waga reporter is live outside of the ballpark for us this morning with more. mark? >> certainly a tragic story as you mentioned. they are taking on the philadelphia phillies last night when all of this took place. this man whose name has not yet been identified fell from the upper level concourse tit is th concessionaire yaw where they sell hot dogs, beer other things like that. he fell off the back of the stadium down to a secure parking lot basically the area where the players park as to where he landed. he was rushed to a nearby hospital, unfortunately he was

pronounced dead at that location. they have yet to release his name nor have they been able to figure out exactly why this guy would have fallen over the railing. at this point they are saying it's way too early to tell if t alcohol may have been involved. they have a medical examiner's office trying to determine that. it was raining last night. there was a 2 hour rain delay. but police say they are not going to say that weather or any kind of wet conditions might have played a factor in this. lots of people saw this as you can image this was a pretty traumatic situation for that. they are trying to figure out exactly who this guy is and more importantly why he managed to fall here. reporting live from atlanta fox news. >> thank you for the live report. ainsley? >> thank you, heather. a new study suggest babies born during induced labor are at a higher risk of autism.

north carolina reassearches fou they were 27 percent more likely to have the developmental disorder that risk was even higher for boys. the exact reason is still unclear. researchers say women should not avoid receiving medical help during labor when it is recommendled by their doctor. >> it sure paid to be kevin lewis this weekend at the horse shoe casino in cincinnati. the casino awarded a million dollar prize to kevin lewis. but employees didn't make sure it was the right kevin lewis. eventually the real winner came forward and the casino realized its mistake. here's the best part. the casino decided to let both men keep their millions. good for them. planning your next trip? why not have your luggage go to your front door. the luxury comes at a cost.

will fliers come on board? >> now some say there is one more reason to fly yjetblue. as of right now the company is offering luggage delivery service once you land. something that has worked well for other airlines like american and the friendly skies of united. >> jetblue will deliver your luggage to your home or your hotel for $25 per piece of lug sandaling up to $40 for up to 10 pieces of luggage. that's a good deal i think. >> pauline knows a good deal. she publishes those travel guides you see just about every where. but if you want your luggage delivered anywhere, she says, that is not going to happen. >> they will deliver it wherever you say to deliver it. the there's a mile raj lang they have. they won't deliver it 100 miles from the airport. >> it is just another way to make money for the financially struggling airlines. schlepping car seat pillows and

bags say they are skeptical of the service. >> i am kind of a control freak. i like to be there when my bag is there know that i have it not that it is lost or know it's going to take a couple days or hours to get there. i like to grab it and go. >> i wouldn't want somebody else touching my bags besides me. >> passengers have other concerns, too. >> it s it free? >> it is not free. >> then it is not for me. >> it is for this giant jetblue fan. >> there is a down fall. bags need to be shipped days in advance which may be inconvenience for you and ultimately more expensive than checking your bags at the airport. >> plan ahead. >> at least you have the option. >> the time is almost 10 minutes until the top of the hour. is your pet really safe when they go for a ride? you may think strapping them in will protect them. a new study a new safety test tell a different story. >> from the buoy to the beltway could the duck dynasty be

spreading its wings? >> coming up on "fox & friends" in a few short minutes michelle mal pkin will be here. we have the five companies hiring right now. we are talking to the daughter of a man who fell victim to a detroit doctor's medicare scam. her father given chemotherapy even though he didn't have cancer. test some of the latest water proof gadgets at the end of the summer beach trip. nfl hall of famer chris carter is here in studio. "fox & friends" will be starting in about 10 minutes. ♪ g good around ♪ ♪ turn around barry ♪ i finally found the right snack ♪ ♪ to experience the precision handling of the lexus performance vehicles, including the gs and all-new is.

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>> it is now 52 minutes after the top of the hour. a swedish study finds eating salmon at least once a week can cut your risk of

developing rheumatoid arthritis in half or you can get the same benefits of eating four portions of lean fish a week like cod. middle age or older women are traditionally more at reufb of getting -- risk of getting rheumatoid arthritis. >> dog seat belts are supposed to make your pet safer while riding in a car with you but according to a study, they don't do anything. the nonprofit center tests for safety said every one of them failed in a crash test. tph-fbg -- in fact, pet restraints were likely to cause injuries or even death to an animal. >> the bigger your family the less likely you are to get divorced. according to a new study, those with more brothers and sisters are less likely to get a divorce than only children or those with one

or two siblings. each additional sibling reduces the likelihood of divorce by 1% to 2%. >> is a duck dynasty star planning a possible run for congress? >> we finally got them ducks. >> according to a new report, republican strategists want willie robertson to run for the seat held by louisiana congressman rodney alexander. alexander plans to retire next month. a special election will be held to fill that open seat representing the state's fifth district which happens to include robertson's home city. >> next on the rundown, it is your last chance to answer our brew on this question of the day. we told you the government wants to put black boxes in

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no questions asked. plus call today to learn about getting a free symphonix cleaning care kit, a $29.95 value, as our gift to you. so call or go online now to learn more about this very special tv offer. rca symphonix: >> welcome back. here's what you need to know before you leave the house. atlanta police trying to figure out how a man fell to death. it happened at turner field, home of the atlanta braves. the victim plunged some 65 feet off the up i are deck. friends of the boston bomber tsarnaev will be arraigned. in a few hours the three teenagers seen in this video will appear in juvenile court. they're charged in this beating of a 13-year-old on a school bus. >> time to take a look at the good, the bad, and the

ugly. first the good. a 91-year-old veteran can fly his american flag without repercussions. the georgia man was threatened with fines from his homeowners association but residents banned together and voted to let old glory remain. next a bad wedding day surprise. a grandmother getting the confetti in one hand mixed with a drink in the other hand. it was only water. finally the ugly, a mixup on voting billboard in detroit. it reads election day is december 2 when actually it is november 5. >> time for your brew on responses. we told you about the possibility that all cars will be equipped with a black box by next year. the boxes can already monitor speed, seat belt use and potentially blood alcohol levels. >> 96% of new cars already have them but are they an invasion of privacy. yes, this could cause me to rethink a new car purchase. it smacks of government intrusion possibility.

>> jeffrey tweeted the black box would only be an invasion of privacy if used against the operator without operator's consent. >> another viewer tweeted i will not drive a car that contains a black box. government gone wild. >> thanks to all of you who responded. "fox & friends" starts right now. we hope you have a great day. >> good morning. it is tuesday, august 13 already. i'm gretchen carlson. thanks for sharing part of your day with us. the master al qaeda bomb maker suspected to be behind the latest threat of exploding clothes but he may have been hit with a u.s. drone strike. breaking details coming in. >> also overnight, tragedy at a major league baseball game. a fan falls from the upper deck plunging more than 60 feet from his death. what happened? we have a report coming up. >>clayton: he survived two i. efpl