follow us on twitter@jeronfnc. hope to see you right here next week. i'm paul gigot. welcome to america's news headquarters. i'm gregg jarrett. two convicted killers back behind bars after forged released documents show them walking out of a prison. marshals caught up to them at a florida motel last night. they appeared before a judge as the questions swirled over how they managed to pull off their brazen escape. brian ennis following this story live in our new york city newsroom. >> greg, authorities in florida are calling the whole incident an overall system failure.

both charles walker and joseph jenkins were serving life sentences when they managed to forge documents and walk out freely. this morning both men appearing before a judge in bay county, florida, each charged with one count of escape and experted to make their next court appearance on friday, october 25th. the manhunt coming to a close at 6:45 eastern time when a task force of 20 u.s. marshals and florida law enforcement officials surrounded the coconut grove motel in panama city, florida. the pa system asked for walker and jenkins to come out of motel room 227 which they were sharing. both men were unarmed and did not resist arrest. officials tell us the men were in the panama city area for 48 hours prior to saturday night and were planning to head back north to atlanta. police tracked them down using interviews with relatives, ex-girlfriends and others who

visited them at prison or made deposits into their prison accounts. now that both men are in custody, the attention moves to the sophisticated fake court documents they used to walk freely out of jail. forensic experts are reviewing the documents and police have seized printers from the prison. >> because somebody obviously helped them get out. somebody had to prepare the documents for release. somebody has to process the documents for release, somebody has to release them. this is clearly not a one-person job. they're not capable of coming up with those documents in jail. >> florida legislators are calling for investigative hearings to make sure this kind of thing does not happen again. >> brian llanas t.ntsb is investigating the deaths of two san francisco bay area transit workers hit and killed by a train yesterday while inspecting a section of the track. meanwhile, a two-day-old strike

is crippling san francisco's mass transit system. commuters preparing for the worse monday morning. it will be the worst rush hour since talks fell apart on friday over pay and workplace rules. more than 400,000 commuters use the b.a.r.t. system each and every day. president obama expected to address the flawed rollout of his signature health care on monday. the obama care website has suffered embarrassing technical -- he calls them glitches. they're profound software mistakes. but republicans in congress criticize the program long before its launch. national correspondent steve santoni live in washington. steve, this has been the biggest debacle of the obama presidency. >> well, gregg, republicans are calling it a fiascos. obama care with a website notoriously difficult to navigate has had fewer than half

million people file applications so far. the obama administration hasn't said how many of those people were able to enroll successfully. republicans call the program a costly failure. >> the only thing i didn't want to see us waste any more money is obama care. we're already seeing these exchanges, the signup on the exchange which was supposed to be the easy part of this endeavor has turned into a fiasco that the administration is struggling with. why would we waste a penny more on that? >> democrats say the goal of 7 million people registered by march is still feasible as problems are addressed and the public responds. >> i think there's no one more frustrated than the president and the difficulty of the website. i can tell you most people around me have been working full time on solving the more immediate challenges with getting the government open and dealing with making sure we didn't default. there are people working 24 hours a day around the clock. the house has scheduled a

hearing for thursday, but health and human services secretary kathleen sebelius won't be there because of a scheduling conflict. growing pressure meantime for sebelius to step down. gregg? >> do we know what her scheduling conflict is? what could be more important than this when you're talking about 48 million americans uninsured? >> she does have an event planned at the john f. kennedy center in boston. >> oh, well, that's really important. i'm sorry. i truly forgot that event. that is so incredibly important. steve sen tan any, thanks very much. >> i meant that in the most facetious way posable. a truck bomb packed with more than one ton of explosives rolled into a military check point outside damascus when it went off. dozens injured according to the united nations. more than 100,000 people have been killed since the civil war began there more than 2 1/2

years ago. fox extreme weather alert right now. firefighters in australia battling deadly devastating wildfires. those flames some of the most destructive ever to strike there. high temps, gusty winds this week, also expected to make conditions worse. the fire has already killed one man and destroyed more than 200 homes in south wales. thousands more could be evacuated in the coming days. here at home we're keeping a close eye on two weather systems. first, tropical storm raymond forming on mexico's pacific coastline bringing rain to many tourist towns. chilly air settles in across the united states, believe it or not, bringing snow to the north. meteorologist janet dean in the weather center. >> let's talk about the tropics. then i will show you the snow. we expect raymond to become a hurricane within the next 12 to

24 hours. it's going to remain off shores, but we could have heavy downpours and gusty winds. worried about mudslides. it's a beautiful resort town. we'll continue to watch rain. i hovers along the coast bringing heavy rain and some gusty winds, the potential for mudslides will be enormous unfortunately for this area if it continues to move inland. in some cases we could get over a foot of rain depending on the track ofry mond so we'll need to monitor this. talk about the snow. not a huge dumping of snow but it will make things messy. if you don't like winter, it's a harsh reminder of what's to come. you can see that snow moving across the upper midwest, into the great lakes and it's going to be cold tonight, struggling to get out of the 20s for a lot of folks across these areas and that cold air is going to sink southward and eastward making its way to the mid atlantic and northeast by friday. we're going to enjoy the 60s across the eastern seaboard for

the next several days, greg, because old man winter is knocking at that door. >> surely is, j.d. thanks very much. the so-called gosh blin top her could be in a whole lot of hot water. lawyers say he shouldn't have been able to topple that rock. look at this. boy scout leader posted this video of himself pushing over an ancient rock. it was a formation in utah's goblin valley state park. it turns out that prior to the incident he filed a personal injury lawsuit from a car accident. one person named in the lawsuit is raising questions. th >> then you see a video like this where they're climbing around, pushing what's got to be a two ton rock off its base. looks like a fairly strong,

able-bodied guy to me. >> he claims his client was in the crash and this video actually proves nothing. one thing the government shutdown could not shut down is of course the bulls on wall street. retailers may end up with empty stockings this holiday shopping season. what's going on? is there a disconnect. brenda buttner to explain. [ woman ] my doctor wanted me to get one of those emergency pendants.

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t got shutdown may have accomplished one thing. it shined another spotlight squarely on the disconnect between wall street and main street. analysts say consumer confidence is down in the dumps thanks to the impasse as well as the xheechlt wall street seems to be taking washington's dysfunction in stride. in fact, the s&p reached record highs this past weekend.

go figure. let's talk about it with senior business correspondent brenda buttner, anchor of "bulls and bear." wall street is utterly deserns tiesed to the insanity and stupidity in washington. >> you know how in charlie brown and the kids hear the adults talk, it was like wah, wah, wah? that's what wall street hears from washington. bad news means good news to the market because it means the fed is not going to stop its easy money, bon bond-buying bing that's been fueling this amazing rally we've seen. from the time ted cruz gave the filibuster speech to the day, the s&p was up a bit. talk about desensitized. >> plenty of metaphors, the boy who cried wolf, chicken little syndrome. my favorite metaphor is lucy and

the football. >> there we go with charlie brown again. >> wall street has grown accustomed to that, right? >> i think basically so. we've seen three debt ceiling basically -- washington falls apart over the debt ceiling three times in just over three years. so wall street has seen that. and after the last government shutdown, gdp actually went up a bit. we're expecting it could be okay. >> consumers are spending less right now. this is a critical time right before the holiday season, right? >> absolutely. this is the disconnect that's happening. they saw what was going on in washington and saw it was going to happen again in january and got nervous. small businesses aren't hiring. there's not really a lot of investment being made in

business, and consumers aren't buying. we're expecting that 80% of those surveyed said they're going to spend less this holiday shopping season than last year. it's because they're nervous. they're afraid to open their wallets. we're going to have a key read on consumer confidence at the end of this month that will be very, very fascinating to seechlt already analysts are saying this very important shopping season which accounts for 40% of annual revenues for retailers could be a tough one. >> you know, mike lee and ted cruz who -- john potter is a conservative columnist -- they sort of said no harm, no foul. but there is some harm, isn't there? this hurts the growth of economics in america, doesn't it? the gdp over the long term. >> it may. the government shutdown itself? >> right. if consumers are spending less

as you state, that's going to hurt gdp. >> i don't think the government shutdown was really the issue. i think it was coming up to the debt ceiling and the fear of default. we can't default, and consumers are seeing that washington may be not able to pay its bills. that was the concern. i don't think long term the government shutdown could have a problem, and the republicans were actually shaping the debate. there are some who say they might have won in this. >> in the long run it could be a different -- >> you know, we'll talk again in january just about the very same thing. >> we surely will, brenda buttner, thanks very much. you can catch more of brenda on "bulls and bears" every saturday morning, 10:00 eastern here on the fox news channel. a high school suspends a student from the volleyball team for going to a party that had alcohol being served. get this, she was only there -- she wasn't drinking, she was the designated driver trying to save

lives. even the police are backing her up, but the school claims zero tolerance. really? now her parents are getting ready to sue. our legal panel is all fired up over this one straight ahead.

have you heard about this one? incredible story. a high school volleyball team captain making headlines up in new england. many in her hometown believe her school is punishing her for doing the absolutely right thing. erin cox, who, by the way, is my new hero, got a text from a friend who was at a party and too drunk to drive herself home. so erin did the right thing. she picked her up. but bad timing, because when

erin got there, the party was busted by cops, and the school punished erin, banning her from the last five volleyball games of the season. bad, school, bad. sparking outrage. >> they are so worried about being so pc that they go totally overboard and it makes the no sense and they're not looking at any individuals. it seems to me she was doing the right thing. >> she saved somebody's life, probably, that's what they don't think about. >> can you believe it? the school is not backing down and now an attorney for erin's parents say they may sue. do they have a case over this? let's bring in fox news legal analyst, elise wheel, and defense attorney and former prosecutor, robert shah. elise, you and i have daughters and i would be so proud of erin cox -- >> for going there and trying to get the other girls out of there. >> helping them. >> out of a dangerous situation. >> exactly. >> helping them out. >> she's a hero. >> i agree! she should get a metal, not -- this is really very upsetting. yes, does she have a case, absolutely? >> what do you think, robert? >> does she have a case, yes, i

think they can bring a case, but the question is the success of the case? the massachusetts judicial supreme court handled a case similar to in 2009 and said there is no constitutional right to play high school sports. >> but what kind of a case can you bring? emotional distress? >> we're all lawyers here, so we can push. that's what we do. but the fact that we're talking about here now, she's being part of the national media, emotional distress. absolutely, she has a case. >> here's what erin said. let's put this up on the screen. and again, america loves erin and we do too. "i felt rike going to get her was the right thing to do. saving her from getting in the car when she was intoxicated and hurt herself or getting in the car with somebody else who was drinking. i'd give her a ride home." you know, erin is so fantastic. i have two daughters and we teach them to do this.

>> safe rides, they call it in our neighborhood, greg. they call them safe rides. our daughter is the same age. you call a safe ride. whether it's from erin or safe ride, the organization, you call, because you're trying to be smart and not get into a car and not get yourself hurt. >> my biggest problem is the school administerers. who are these people? and who are the lawyers advising them? >> they're knuckleheads. >> the three of us can sit here and say, there are times for lawyers to get involved to help people. that's what need to happen, to help these people. these lawyers are saying, hide behind this rule. the rule is possession, consumption, or distribution. she did none of those things. the police officer said it, everyone who was there said it. >> and in fact, here's the police officer. take a look at this. the police are totally backing up erin cox. "erin did not have the slightest odor of an alcoholic beverage coming from her person. she was polite, she was articulate, steady on her feet and very remorseful for her decision to go into the residence, but was only helping out a friend that had called her

for a ride." i would be proud of her if she were my daughter and you would too. >> absolutely. >> that's what you want for your kids. >> so how does that happen? the disconnect with the school? >> no judgment. we think about reading, writing, arithmetic. we don't think about judgment that we're paying people for in these schools. we're paying them also for judgment. have some judgment about what you're doing. >> isn't this a wonderful opportunity, a learning moment for the superintendent, for god's sakes, to take advantage, robert. >> absolutely. and even still to this day, as we sit here today, i think the superintendent, as he came out tomorrow and issued an apology to this girl saying, we screwed up, we can't give you your volleyball season back, but we screwed up. someone needs, other than us and the rest of the country, they need to apologize. >> speaking of the superintendent, let me put up the superintendent quote up here. and then we'll get your reaction to this. superintendent said this. "the miaa's, and by extension,

north andover high school's chemical health rule prohibits student athletes from possessing alcohol, in addition to prohibiting its use, consumption, or distribution." she didn't do any of that. >> she was trying to help. and i disagree with you in the sense, they can give her back her volleyball season. bring her back into it. bring her -- let her have whatever -- the next season, whatever it is, make it up to her. >> i agree with you. obviously, they can't give her the games she's already missed, but obviously, do something for this girl. to make her know that every single parent hopes that their kid grows up and makes a decision to do the same thing. >> but when you look at what the superintendent is saying, put it back up on the screen, if you would, christine, she didn't do any of the things that the policy prohibits, right? >> right. >> so guilt by association. >> guilt by association. >> there was an article in "the boston globe" up near there this weekend that ran and it said, we will not get you in trouble for

guilty by association. so clearly the superintendent, the lawyers advising them, they clearly didn't read it. >> they didn't read their own policy. >> so can we all agree the message here is, ignore these superintendents and teachers and so forth and follow what erin did. >> yes. but, just a little "but" there, for kids that generation, 16, 17, that's really scary for them. they look at erin, she's going to get expelled, what should i do the next time? should i not pick up the kid? >> this is a deterrent for doing the right thing and that is an absolute shame. erin cox is a real hero. thanks so much. robert and lis, thanks very much. that's it for us. i'm greg jarrett. "a healthy you" with carol alt coming up next. [ male announcer ] research suggests cell health

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i'm carol alt. i've been on the cover of more than 700 magazines and travelled the world for photo shoots and movies. but i wasn't always the healthiest person. i struggled with my weight, fatigue, and depressions of my career. i realized it was time to change. so i learned about the importance of good health. i'm not a doctor. i'm just like every person watching this show and i want to help make a healthy you. welcome to "a healthy you." i'm carol alt. think changing your diet won't change anything? do you think that you're so far gone or, worse yet, you've never seen changes before, so you don't expect to see changes