>> around. bill: see you around. make it a great monday. bye-bye. jenna: start off with a fox news alert. we're awaiting the president to step into the rose garden where he is holding an event to promote the new health care law. he is expected to address many technical problems plaguing the site, both for people trying to sign up and for insurance companies when they get faulty information from the website. a white house official telling fox news, the president will remind the public that the health care law is more than just a website. it remains to be seen who in the administration will take responsibility for all the problems, if anyone. important address today. about 25 minutes from now. bring you there live. as soon as it gets underway. first right now, brand new stories you only see here. jon: getting enough sleep mom always told you is the key to staying healthy. now there is a new study that suggests sleep can also boost your brain power. interesting stuff. plus, police need your help solving a who are risk crime --

horrific crime, caught on tape. surveillance cameras record a moment that a gunman opened fire in a cold-blooded attack. the entire video in just a minute. the queen of american comedy is honored in washington. we'll tell you what award carol burnett just took home. it is all "happening now." jon: let's get started right away with our top story. president obama pushing a high-speed fix for the troubled health care website. welcome to "happening now." i'm jon scott. >> hi, everybody, i'm jenna lee. great to see you on this monday morning. the administration is scrambling to deal with all the technical problems on the website. the rollout of the exchange becomeing a glaring embarassment some say for the administration. today's rose garden is the first since the website problems

became apparent. it is interesting to see what he has to say. peter doocey, live from washington with more. peter, first to health and human services, how big of a project does the department have with this website? >> reporter: jenna, right now officials at hhs are comparing the overhaul of healthcare.gov to major surgery. they posted a blog that a tech surge is underway and our team is bringing best and brightest from both inside and outside of government to scrub in with the team and help improve healthcare.gov. their official release contains information actually very similar to what republican senator john mccain called for just yesterday. >> look, it has been a fiasco. send air force one out to silicon valley, load it up with smart people, bring them back to washington to fix this problem. it is ridiculous and everybody knows that. >> reporter: overnight some very noticeable changes were made to healthcare.gov. there is a new button that provides a 24/7 phone number so

consumers can apply for phone. just below the button on the homepage, another new tool provides general ranges regarding plans and prices in your area. first time that information is available without creating a account. only personal information required is state, county, whether or not the person looking for coverage is above or below age 50. jenna? jenna: some interesting changes there, peter. do we know how many signed up for new coverage at healthcare.gov? >> reporter: no. all the administration will say 476,000 consumers have applied for coverage but some on the right are saying that is not a helpful number. >> that tells us no information as far as how many people actually enrolled and that is a very relevant matter. if enough people don't sign up for these exchanges the rates on these exchanges will be astronomical. >> reporter: last week the ap obtained an hhs memo predicting half a million new enrollments by halloween. we don't know if the target will

be reached. all the law's supporters say for sure there is lot of interest in the affordable care act. >> what happened is unacceptable in terms of the glitches. they were overwhelmed to begin with. there is, much that needs to be done to correct the situation. but 19 million people, 19 million people, unique visits. >> reporter: in the last half hour, i tried to create a new account at healthcare.gov. my most recent attempt failed due to a faulty security questions page. jenna? jenna: interesting. so you weren't one of the 19 million people, is what you were saying? >> reporter: i had many of the 19 million clicks. i can't get through. different excuse every time on healthcare.gov. jenna: very interesting. do you have a question. jon: punch the button. get the phone number, peter, call them up. that is how you do it these days, right? >> reporter: brand new that you can actually apply for the coverage because previously when i was calling saying can i get this information on the phone, give us your home address and

we'll send you some forms and then you can send them in and that will start the process. now they say you can do it all on the phone. jenna: that is issue. giving out too much personal information, some folks are wary in the initial process before they can enroll in it. we'll see if the president mentions any of this today. 20 minutes before his remarks, peter. keep trying. we'll be back to you as we learn more. thank you. jon: or go to the local telegraph office and send him a telegraph. the administration is facing intense pressure to openly confront all of the problems with the health care website. what can we expect the president will say when he steps out to the rose garden coming up? nina easton, columnist for "fortune" magazine and fox news contributor. so is the president trying to get out in front of this mess? >> absolutely. he is going to say there is no excuse for these technical glitches and he will try to get out in front of the story. it is a race against time right

now, what you have got, young, healthy people like peter, trying to sign up and if they get discouraged and if the narrative become,s, this is impossible, this is a big bureaucracy, that it is impossible to deal with. possibly invading my privacy they will not sign up. what you will have are people unhealthy, need insurance and of course if the bulk of those people are signing up, then that raises the premiums for everybody. jon: yeah and marco rubio was on fox news sunday and he said look, you have to have the healthy people signing up because if they don't sign up you're only going to have the folks who need a lot of health care and the premiums willing be astronomical and drive everybody out of the system. >> that's right. and already we're seeing studies coming out like from the manhattan institute show that premiums overall are going to be possibly, 100% more for 20 something men and 50% more for 20 something women. so you have already got the prospect of, in premiums being

more expensive now than they were before obamacare. and in addition to all the other problems we've been talking about like the impact on employment. full-time employment in this country. jon: senator tom coburn of oklahoma said over the weekend that healthy people aren't going to sign up because it is just going to be too expensive and that is going to leave, you know, the truly ill ones sort of draining the system of cash. what do we do then? >> yeah. i mean entire obamacare premise is based on you're bringing new people into the system, right? so the entire, the entire exchange system is based on getting enough healthy people in paying to cover the costs of less healthy people. i firmly believe obamacare at end of the day, it will not be just a disaster. i think it will be a mix of winners and losers. people who can't get insurance now, are going to be happy. if they eventually get in, if these glitches are fixed but people who are either employed full-time and suddenly find

themselves not employed full-time, working under contract, small companies that don't want to hit that 50-person bump. therefore they will not hire more people, those are going to be the losers. as well as people potentially facing higher premiums. you will have this mixed bag of winners and losers when this all plays out. jon: prior to the establishment of this new program, 70% of the people in the polls said they were happy with the insurance they had. the president has instituted this program, his signature domestic achievement, really to insure, maybe 7 to 10 million folks who didn't have insurance before. >> that's right. to extend the reach of the insured, people who are not insured currently. now that's a mixed bag. those are people who can't get insurance, haven't been on insurance before, possibly because of health issues. also includes young healthy people, which again you have to convince to get into the system to pay for all these others. the president made the promise, this is a fundamental issue of

obamacare. if it doesn't play out he is in trouble. he repeatedly made the promise if you have insurance you will be able to keep it and keep your doctor but we're also seeing companies in this economy, jon, companies are really going to contract employees more. they're not using full-time employees more. they're using contract employees. and part of that is to escape of the cost of health care and some of that is driven by obamacare. so you're having, it is just a real impact on people who want a full-time job and want benefits and want health care. jon: well, we will see, what the president has to say about all of this because, it is more than just glitches, if you want to call it that. >> that's right. >> nina easton. thank you. >> thank you, jon. jenna: we'll stay with the economy now in a fox news business alert. brand new housing numbers just in and this dealing with existing home sales which is the majority of market. numbers showing last month sales were down. peter barnes from the fox business network joins us with more from washington.

hi, peter. >> reporter: that's right, jenna. there was decline of 1.9% last month, which was expected. a bit of a cooling after a fairly hot housing market over the summer but the national association of realtors did not attribute any of this to the government shut down looming in september. came in at 5.2 million unit seasonally adjusted annual rate which was about, what analysts were forecasting. that compares to sales of 5.39 million units in august, which was the highest pace of sales in nearly four years. now the median price of a home, also fell in september, back to below $200,000. it came in at 199,200, compared to 209,700 in august. but that was still nearly 12% higher than september a year ago. now a part of the reason for the september slowdown is that housing is becoming somewhat less affordable. >> affordable index has now

fallen to a five-year low level because home prices have been rising at double-digit rate of appreciation. the mortgage rates are also rising. at the same time people's incomes are not really rising. so you have a combination where it is more difficult to buy a home. >> reporter: now realtor economist, lawrence yun expects any shutdown effect to show up in october when the shutdown occurred but he says any decline in october will probably be made up in november and december. so that the full-year should be, come in as projected. yun is also projecting a slower price increase in homes for 2014, up 6% next year. in part because of projected higher mortgage rates. about 5.3 to 5.5%, about a percentage point higher than current for a 30-year, fixed-rate, mortgage. a traditional mortgage. that is in part because yun like other economists expects the

federal reserve to begin dial back easy money policies that help keep interest rates so low. jenna? jenna: peter, we get the big jobs report tomorrow as well. as we're trying to catch up, catch up with the lost weeks. peter, thank you. >> you bet. jon: there is breaking news in las vegas that we're following. a deadly shooting inside of a popular casino. you might recognize the mark key to bally's there. what we know about the victims and shooter. jpmorgan chase reaching possibly the largest deal ever with the justice department to settle civil claims over bad mortgages. so is the obama administration taking a hard-line stance against big banks or against one bank in particular? when we made our commitment to the gulf, bp had two big goals:

help the gulf recover and learn from what happened so we could be a better, safer energy company. i can tell you - safety is at the heart of everything we do. we've added cutting-edge technology, like a new deepwater well cap and a state-of-the-art monitoring center, whe experts watch over all drilling activity twenty-four-seven. and we're sharing what we've learned, so we can all produce energy more safely. our commitment has never been stronger.

jon: new info on some crime stories we're watching. the disappearance of a 15

year-old girl has her small new hampshire town on edge. abigail hernandez was last seen leaving her high school back on theth of october. authorities have searched for her by air, land and in the water but so far have found nothing. one person is dead after a shooting inside of a bally's casino in las vegas. two other men were wounded and hospitalized. police say the shooting happened inside a nightclub at the casino early this morning. a suspect is in custody. police in detroit arrest a 65-year-old man after he allegedly shot and killed two women at a senior facility where they lived. the associated press reports that the shooter blamed the women for breaking up or, for a breakup i should say with his girlfriend. jenna: big business story with wide ramifications. what could be the largest settlement ever by a u.s. company, raising some eyebrows on wall street and in washington and otherwise. jpmorgan chase reaching a tentative $13 billion deal to settle civil charges ovaries can

i mortgages leading up to the 2008 financial crisis. the deal however doesn't relief jpmorgan of any possible criminal liability. some experts are concerned over the government's pursuit of the bank because most of the troubled mortgages in question were actually issued by bear stearns and washington mutual and in the years leadings up to the financial crisis. that was before those banks were bought out by jpmorgan in part at the government's request. so an interesting case here. joining me, dennis berman, editor for "the wall street journal." >> hey, jenna. jenna: 2013. nice to have you. >> thanks. jenna: why now? why is this all coming up now? >> long years it takes to get the legal process grinding through. all the bad mortgages created prior to the financial crisis. the process is kind of drug along here and we finally reached a settlement. i don't think there is any great answer, hey, justice takes a bit of time. jenna: $13 billion where do they arrive at that amount?

>> it is a bit of a concoction of the government and jpmorgan. jpmorgan first proposed one billion dollars. this is $9 billion to pay to settle the settle the civil fee and $4 billion paid to homeowners. not exactly a payment for those who were wronged. it is being used for homeowner relief. so the money being shifted in some interesting ways here you don't always see. jenna: what about the facts that some of 9 risky mortgages in question, like we told our viewers were tied to banks that if they had failed, some say, could have wreaked an incredible amount of damage on the u.s. economy? that is why in part jpmorgan stepped in? >> this is really interesting situation. back in 2008, beginning in march and later in the financial crisis of september of 2008, the government, the bush administration, was looking for buyers for these troubled banks. there really were some cracks in the financial civil. so they found one very healthy and willing buyer and jpmorgan. now, it is unclear exactly how

much of conversation there was, hey, if you guys take this, we'll let you off the hook if anything goes bad. it appears there were some conversations but no commitments. fast forward to 2013. attorney attorney and he says -- attorney general eric holder air says you will be responsible for the since of these banks. i don't know there is much precedent in american history for this. it creates some interesting questions going forward whether banks will respond to the government's request to rescue troubled financial institutions. jenna: some say it is not fair. the government asked for help and jpmorgan said this is beneficial to us as well as government and entire economy. >> right. jenna: then i'm going to step in and do this. >> right. jenna: what about the criminal part of all this? what is that? who would be criminally charged? >> again, people creating mortgages or pools of mortgages sold on to investors via banks who plight have had very lax underwriting standards and

willfully knew these were bad mortgages. there is range of jpmorgan executives. perhaps some bear stearns executives. in the end i doubt there will be individuals who will charged. might just have bearing on the final settlement. jenna: real quick, jpmorgan is a big bank. >> it is biggest. jenna: is this going to harm the bank? what does it mean for customers at jpmorgan? >> doesn't mean much. the stock really has not moved. half a year's worth of earnings. the company can absorb it. right here we see the collision of lots of different things. managing by crisis both in government and banking standpoint. we see the need to create political outcomes that are good for the government and also, the need for jpmorgan to move on and pay basically whatever costs it needs to make it happen. jenna: some say jamie dimon, the ceo has little choice here. >> little choice. jenna: they will have to figure it out. >> you have got to do it. it is not necessarily the best outcome but, you know, on wall street they are pragmatists. it is what it is, they say,

jenna. jenna: "wall street journal" says banks are public utilities and no ceo can afford to resist the government's demand. that sets us up for nice debate. >> i would love to come back and debate about that. jenna: we love to have you. dennis thank you so much. jon? jon: we're minutes away from hearing what president obama has to say about all of the problems bedeviling the health care website and how he plans to get those fixed. we'll have his remarks live from the rose garden any minute. an he will early homeowner forced to defend himself after finding his wife in bed with a much younger man. we have the 911 call next. heart healthy, huh?!

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jon: new next hour, new information on the death of a man who was once on the witness

list in in the whitey bolger tr. investigators say steven rakes died after drinking iced coffee laced with cyanide. we'll tell you who they believe is behind the poison. massive wildfires destroy many homes. we'll tell you where and is an end in site. trial of a utah doctor accused of killing his wife. did martin macneil face cpr or were the life-saving efforts authentic? our legal panel explores that. jenna: 911 call following an age-old formula of love and violence of the right now a 22-year-old man is facing a possible charge of disorderly conduct after he was found in bed with another man's 63-year-old wife. patti ann browne is live in our newsroom with more on this. patti ann? >> jenna we're now hearing the voice of that 68-year-old man who caught his wife in bed with

a 22-year-old. it happened in southern arizona in a training will retirement community north of tucson. the man woke upat 1:00 in the morning noticed his wife was not in bid sew went looking for her. he found her. the 63-year-old woman in their guest house in bed with a 22-year-old man. the husband used hits cain to awaken the younger man, steven chapman. told him to leave but chapman apparently refused to go. prompting the oiler man to fire a warning shot after a scuffle. the shot gun pellet rick coinitiated, injuring chapman's hand. the husband called 911. >> what is location of your emergency. >> need police here. >> i found a guy in bed with my wife and i, told him to get out. and he attacked me. so i shot him. >> when police arrived, chapman declined medical treatment and booked into jail on suspicion of disorderly conduct. saddle brook where this all took place is described as upper class community for active seniors. the husband claims his wife often takes pity onioning people

with mental problems or criminal records but there is no record that chapman has spent time behind bars. jenna. jenna: interesting explanation for it all. patti ann, thank you. >> thanks. jon: and this. who is little maria? mystery grows after a little girl was found living with an unrelated couple in a gypsy camp in greece. the dna tests prove it. the latest on the search for her family and the criminal charges that could come. plus, we're tracking a major storm, hurricane raymond, now strengthening to a category 3. it is moving closer to a popular resort town. the foxcast coming up.

be >> right now a look at other stories we're bringing this hour. authorities in greece have a major mystery on their hands as they try to identify a little girl found with a band of gypsies. who is this so-called blonde angel? and how did she wind up with the couple now facing charges of child abduction? also buying breast milk on the internet. it is a trend among mothers who want to breastfeed their babies but cannot. now a new study reveals dangerous levels of bacteria in some breast milk bought online. we'll explain to you about that. also while you sleep, your brain is working overtime to clean out

harmful toxins. more about how getting enough z's can actually help clear your head. it's all still to come. jenna: we're waiting for the president at the white house. we'll bring you there in a moment. meantime, we're tracking hurricane raymond, a category three storm barrelling toward mexico's pacific coast, very popular area. acapulco. >> hi, jenna. this storm system is the first category three or higher storm in the entire western hemisphere so far this season so incredible to be just seeing a category three storm so late in the season. we're talking middle to even later october out here. in the pacific the storm system has maximum sustained winds of about 120 miles per hour. but we are looking at gusts higher than that and this storm system is very organized. look at it out here. you can see the eye very well formed. you have the clouds brushing onshore on top of

mexico and we've already been picking up heavy rainfall out here but the forecast track is for raymond to remain away from the coast of mexico. but those outer rain bands are still going to be impacting parts of mexico and you're looking at between five to eight inches of rain and we have mountain yous terrain out here as well so we could deal with mudslides and also flash flooding. this is something that we'll continue to keep an eye on and it's a very slow mover so it will linger off the coast of mexico for several days. so today into your tuesday, into wednesday, eventually by thursday the storm moves away over open waters and then it will gradually weaken as the water is weaker. again, very powerful storm system, maximum winds at 120 miles an hour. then over the open atlantic water, we have our next depression that has formed. tropical depression 13. that's good news with the storm system but it has formed in the atlantic ocean. otherwise, temperaturewise across the country, take a look at this. we're finally feeling a lot more

like fall in cities like minneapolis, in chicago, your high temperatures today just in the 40's. during the morning hours you're talking temperatures in the 20's so you really got to bundle up and this cold air is headed south and is headed east. if you live across parts of tennessee or the northeast, you're going to start to see chillier temperatures by tomorrow and also wednesday. memphis, 65 for the high tomorrow. bundle up. jenna: sounds like good advice. thank you. jon: taking you now to the white house rose garden. president obama's remarks on the affordable care act. let's listen in. >> well, we've now gotten the government back open for the american people and today i want to talk about how we're going to get the marketplaces running at full steam as well and i'm joined today by folks who have benefitted by the affordable care act already or are helping

fellow citizens mean what thkz mean to me and how they can get covered. you probably heard the new website where people can apply for health insurance and browse and buy affordable plans in most states hasn't worked as smoothly as it was supposed to work. the number of people who visited the site has been overwhelming which is aggravated some of these underlying problems. despite all of that, thousands of people are signing up and saving money as we speak. many americans with a preexisting condition are discovering that they can finally get health insurance like everybody else. but today i want to speak to every american who is looking to get affordable health insurance. i want you to know what is available to you and why it may be a good deal for you. and for those who have had some problems with the website, i want to tell you what we're doing to make it work better and how you can sign up to get

covered in our ways. before i do, that let me remind everybody that the affordable care act is not just a website. it's much more. for the vast majority of americans, for 85% of americans who already have health insurance through your employer or medicare or medicaid, you don't need to sign up for coverage through a website at all. you've already got coverage. what the affordable care act does for you is to provide you with new benefits and protections that have been in place for some time. you may not know it but you already are benefitting from these provisions in the law. for example, because of the affordable care act, young people like jasmine and jessica, all of whom are here today, they've been able to stay on their parents' plans until they're 26.

millions of other young people are currently benefitting from that part of the law. another part of the affordable care act is providing seniors with deeper discounts on theirs prescription medicines. billions have been saved by seniors already. that's part of the law. it's already in place. it's happening right now. already because of the affordable care act, mammograms and birth control are free through your employers. that's part of this law. [applause] so there are a wide range of consumer protections and benefits that you already have if you have health insurance. you may not have noticed them but you've got them and they're not going anywhere and they're not dependent on a website. here's another thing that the affordable care act does. in states where governors and

legislators have wisely allowed it, the affordable care act provides the opportunity for many americans to get covered under medicaid for the first time. so in oregon, for example, that has helped cut the number of uninsured people by 10% just in the last three weeks. think about that. that's 56,000 more americans who now have health care. that doesn't depend on a website. now, if you're one of the 15% of americans who don't have health insurance, either because you can't afford it or because your employer doesn't offer it or because you're a small business person and you have to go out on the individual market and buy it on your own and it's just too expensive, october 1 was an important date. that is when we opened the new

marketplaces where people without health insurance or who can't afford health insurance or who aren't part of a group plan can finally start getting affordable coverage. and the idea is simple. by enrolling in what we're en -- calling these marketplaces, we're calling it a big group plan as if you're working for a statewide group plan that splits risks between healthy people and ill people, young and old and bargains on your behalf for the best deal on health care. what we've done is essentially created competition where there wasn't competition before. we created these big group plans and now insurers are really interested in getting your business. and so insurers have created new health care plans with more choices to be made available

through these marketplaces and as a result of this choice and this competition, prices have come down. when you add the new tax credit that many people are eligible for through the law, then the prices come down even further. one study shows that through new options created by the affordable care act, nearly six in 10 uninsured americans will find they can get covered for less than $100 a month. think about that. [applause] through the market places, you can get health insurance for what may be the equivalent of your cell phone bill. or your cable bill. and that's a good deal. so the fact is, the product of the affordable care act for

people without health insurance is quality health insurance that's affordable. and that product is working. it's really good. and it turns out there's a massive demand for it. so far the national website, health care.gov, has been visited nearly 20 million times. 20 million times. [applause] and there's great demand at the state level as well because there are a bunch of states running their own marketplaces. we know that nearly one third of the people applying in connecticut and maryland, for example, are under 35 years old. they understand that they can get a good deal at low cost, have the security of health care and this is not just for old folks like me. everybody needs good quality health insurance and all told,

more than half a million consumers across the country have successfully submitted applications through federal and state marketplaces. and many of those applications aren't just for individuals. it's for their entire families. so even more people are already looking to potentially take advantage of the high quality, affordable insurance that is provided through the affordable care act. so let me just recap here. the product is good. the health insurance being provided is good. it's high quality and it's affordable. people can save money, significant money, by getting insurance that's being provided through these marketplaces and we know the demand is there. people are rushing to see what is available. and those who already have had a chance to enroll are thrilled

with the results. every day people who were stuck with sky high premiums because of preexisting conditions are getting affordable insurance for the first time or finding -- again, they're saving a lot of money. every day women are finally buying coverage that doesn't charge them higher premiums than men for the same care. every day people are discovering that new health insurance plans have to cover maternity care, mental health care, preventative care. you just heard janice's store. she owns her own small business. she recently became the first woman to enroll through delaware's exchange and it's true. it took her a few tries. but it was worth it. after being turned down for insurance three times due to minor preexisting condition, now she'll be covered and save $150 a month and she won't have to

worry that one illness or accident will cost catherine herridge business that she's worked so hard to build. and janice is not alone. i recently received a letter from a woman named jessica sanford in washington state. here's what she wrote. i am a single mom, no child support, self-employed and i haven't had insurance for 15 years because it's too expensive. my son has adhd and requires regular doctor visits and his meds alone cost $250 per month. i've had an ongoing tendonitis problem due to my line of work that i haven't had treated. now finally, we get to have coverage because of the a.c.a. for $169 per month. i was crying the other day when i signed up. so much stress lifted.

now, that is not untypical for a lot of folks like jessica who have been struggling without health insurance. that's what the affordable care act is all about. the point is the essence of the law, the health insurance that's available to people is working just fine. in some cases, actually, it's exceeding expectations. the prices are lower than we expected. the choice is greater than we expected. but the problem has been that the website that's supposed to make it easy to apply for and purchase the insurance is not working the way it should for everybody. there's no sugar coating it. the website has been too slow. people have been getting stuck during the application process and i think it's fair to say that nobody is more frustrated by that than i am. precisely because the product is good, i want the cash registers to work. i want the checkout lines to be

smooth. so i want people to be able to get this great product. there's no excuse for the problems. these problems are getting fixed. but while we're working out the kinks in the system, i want everybody to understand the nature of the problem. first of all, even with all the problems at health care.gov, the website is still working for a lot of people. it's not as quick or efficient as we want and although many folks found they had to wait longer than they wanted, once they complete the process, they're very happy with the deal that's available to them. just like janice is. second, i want everybody to remember that we're only three weeks into a six-month open enrollment period when you can buy these new plans. [applause] keep in mind, the insurance

doesn't start until january 1. that's the earliest that the insurance can kick in. no one who decides to purchase a plan has to pay their first premium until december 15. and unlike the day after thanksgiving sales for the latest playstation or flat screen tv's, the insurance plans don't run out. they're not going to sell out. they'll be available through the marketplace, throughout the open enrollment period. the prices that insurers have set will not change. so everybody who wants insurance through the marketplace will get insurance. period. everybody who wants insurance through the marketplace will get insurance. third, we are doing everything we can possibly do to get the websites working better, faster,

sooner. we've got people working overtime 24/7 to boost capacity and address the problems. experts from some of america's top private sector tech companies who, by the way, have seen things like this happen before, they want it to work. they're reaching out, they're offering to send help. we've had some of the best i.t. talent in the entire country join the team and we're well into a tech surge to fix the problem. and we are confident that we will get all the problems fixed. number four, while the website will ultimately be the easiest way to buy insurance through the marketplace, it isn't the only way. even as we redouble our experts to get the site working as well as it's supposed to, we're also redoubling our efforts to make sure you can still buy the same quality, affordable insurance plans available on the marketplace the old fashioned

way, off line. either over the phone or in person. and by the way, there are a lot of people who want to take advantage of this who are more comfortable working on the phone anyway or in person. so let me go through the specifics as to how you can do that if you're having problems with the website or you just prefer dealing with a person. yesterday we updated the website's home page to offer more information about the other avenues to enroll in affordable health care until the online option works for everybody. you'll find information about how to talk to a specialist who can help you apply over the phone or to receive a downloadable application you can fill out yourself and mail in. we've also added more staff to the call centers where you can apply for insurance over the phone. those are already -- they've been working but a lot of people have decided first to go to the website but keep in mind, these

call centers are already up and running. and you can get your questions answered by real people 24 hours a day in 150 different languages. the phone number for these call centers is 1-800-318-2596. wait times have averaged less than one minute so far on the call centers. i admit the wait times probably might go up a little bit now that i've read the number out loud on national television. but the point is the call centers are available. you can talk to somebody directly and they can walk you through the application process. and i guarantee if one thing is worth the wait, it's the safety and security of health care that you can afford or the amount of money that you can save by buying health insurance through the marketplaces.

[applause] >> once you get on the phone with a trained representative, it usually takes about 25 minutes for an individual to apply for coverage, about 45 minutes for a family. once you coverage, you'll be contacted by mail, by email or postal mail, about your status but i don't have to go through the phone. you can also apply in person with the help of local navigators. these are people specially trained to help you sign up for health care and they exist all across the country. or you can go to community health centers and hospitals. just visit local help.health care.gov to find out where in your area you can get help and apply for insurance in person. and finally, if you've already tried to apply through the website and you've been stuck somewhere along the way, do not worry. in the coming weeks, we will

contact you directly, personally, with a concrete recommendation for how you can complete your application, shop for coverage, pick a plan that meets your needs and get covered once and for all. here's the bottom line. the product, the health insurance, is good. the prices are good. it is a good deal. people don't just want it. they're showing up to buy it. nobody is madder than me about the fact that the website isn't working as well as it should which means it's going to get fixed. [applause] and in the meantime, you can bypass the website and apply by phone or in person. so don't let problems with the website deter you from signing up or signing your family up or

showing your friends how to sign up because it is worth it. it will save you money. if you don't have health insurance, if you have a preexisting condition, it will save you money and it will give you the security that your family needs. in fact, even with the website issues, we've actually made the overall process of buying insurance through the marketplace a lot smoother and easier than the old way of buying insurance on your own. part of the challenge here is that a lot of people may not remember what it's like to buy insurance. the traditional way. the way we've set it up, there are no more absurdly long application forms, no medical history questionnaire that goes on for pages and pages. there's no more getting denied because you had a preexisting condition. instead of contacting a bufshlg

of different insurers, one at a time which is what janice and a lot of people who were shopping on the individual market for health insurance had to do, there's one single place you can go shop and compare plans that have to compete for your business. there's one single phone number you can call for help. and once the kinks in the website have been ironed out, it will be even smoother and even easier but in the meantime, we will help you sign up because consumers want to buy this product and insurance companies want to sell it to you. let me close by addressing some of the politics that have swirled aren'ted -- jon: if you would like to continue to listen to what the president has to say, we have it streaming for you in its entirety on fox news.com. all right. let's talk a little bit about what we've just heard from the

president. david is a senior correspondent for the washington examiner. deena is back with us, columnist for fortune magazine and a fox news contributor. the point seemed to be that there are kinks, as the president called them, in the health care.gov website but just get past the kinks, call on the phone if you can. this, the president says, is a great program. is he right? >> well, i guess we're going to find out. i think the key thing to remember here, jon, is with the marketplace, we're dealing with a smaller part of the population. most people in this country have insurance and most of those people like their insurance and like their doctor so i still contend that over time, whether it takes you a couple of months or a couple of years, you can usually iron out a technical problem that has to do with technology, whether it's a website or anything else and there may be an issue with how much overspending that causes and i'm sure congress will get

into that. i still think for the affordable care act to work and be embraced by the public, it will have to sell with people who like their coverage and have it and that's the majority of people in this country and that's still the big unknown because all the free things that the affordable care act provides is being cared for by people that have insurance and banks on a lot of people doing things that we don't know they're going to do and corporations behaving in a certain way we don't know if they're going to behave. jon: very quickly, he made blanket statements. go out and buy it. you'll save money. it's a great product. how would he know? >> it was a little jarring to hear the commander in chief become salesman in chief and of course, he's bringing out the most popular aspects of it. there's no preexisting condition issues. that's a big -- that's popular and that's what he's starting with in his new pitch to gain

ground again on obamacare. jon: but we've heard from people who have checked out the website, when they were able to get through, they were not going to save any money and they were very upset about it. we'll be back with more discussion of what the president had to say in just a moment.

jenna: a fox news alert. as we hit noon on the east coast, the president again defending his signature health care law in a speech in the rose garden still ongoing. he's been speaking for about 20 minutes now. looks like he just wrapped up. i'm seeing a live remote in the corner of my eye. some of those folks standing behind him are folks that he says have benefitted so far from his rollout of the affordable care act's website and others that have helped the process along. jon: if people haven't been benefitted by the website or haven't been able to get through, you wouldn't expect them to get an invitation to the white house. the white house is calling all of the technical problems that

have happened to the website unacceptable but the speech was more of a pitch for people to buy into something that americans are already required to buy into so you heard it there from the president, sort of a glowing endorsement of obamacare in general and a pledge that he will make sure that the website gets fixed. joining us is bret, the host of "special report." these are some of the problems, bret, that have been obscured by the argument over the debt ceiling and the government shutdown these last three weeks. now here we are three weeks into october and the president is starting to talk about them. >> yeah, jon. it was interesting to listen to the speech. clearly they're concerned about the website and they're concerned about people getting on to it to hear the president of the united states in the rose garden giving a 1-800 number for somebody to call into because the website might not work or

there's another avenue for them to sign up was just an interesting moment. i do think the tone and tenor was one of frustration about the rollout but he wanted to get to the substance of what he said was the positive side of obamacare. i'll point out that a number of critics and some people have been analyzing this, have been looking at the fine print and saying even on some of the premiums that have gone down significantly with people who get subsidies, they also look at the deductibles that they'll be paying for this insurance coverage, even on the bronze plans, and, you know, you add up the math as jim has done on these things time and again on "special report", there are varied stories across the country. jon: one of them coming from senator ted cruz who sent out a news release just around the time the president's remarks were getting underway quoting kaiser health news saying that health plans are sending

hundreds of thousands of cancellation letters to people who buy their own coverage frustrating some consumers who want to keep what they have. clearly the situation is not entirely as the president described it. >> yeah. there are problems. there are problems beyond the website. there are substance issues. there are people who are looking at different plans that don't think they fit their needs. 58-year-old said my wife and i don't need child coverage, we don't need the maternity issues. there are all kinds of different aspects to this and it's so massive. that said, the president is trying to tout all the positive things and we've talked about this on the -- when the bill passed that democrats wanted those positive things to be in place so that he could do as he just did, tout them in the rose garden. the question is whether they can turn this website around in time

for the mandate to still be in place before the end of the year. jon: critics of the program make the point that it's not just the website that is the problem. it's, in their view, the design of the entire program. >> sure. and the website is getting a lot of attention now because it's the most -- it's the portal by which a lot of people have tried to get through and have not had that much success. you analyze the two aspects of it, the sub stand -- substance and then the website and the access and democrats on capitol hill also say they're very aware of it. jon: and you'll have things to talk about tonight on "special report", i'm sure. you'll be on this evening. thanks. and we'll have more on the president's remarks and show you how the media have been covering the whole bap bam care rollout. that's on our news watch panel.

it's coming up. jenna: you mentioned ted cruz in his news release just a few hours ago and he has been labelled a dangerous extremist by democrats and shunned by some of his g.o.p. colleagues but republican senator ted cruz getting a hero's welcome in his home state of texas, receiving an eight minute standing ovation at an appearance in san antonio on saturday. he wasted no time taking aim at members of his own party for failing to defund obamacare. >> you fire cannons at the people standing up and leading who were the house republicans. that's what happened and that's what led directly to this lousy deal. when senate republicans declined to unify and support house republicans. we couldn't win this fight. jenna: some constituting defunding obamacare wasn't even an option, something that was in the power of lawmakers to do. later senator cruz sat down with john carl in an interview that aired yesterday.

here is what he had to say about the criticism aimed at him. >> not serving in office because i desperately needed 99 new friends in the u.s. senate. given the choice between being reviled in washington, d.c. and appreciated in texas or reviled in texas and appreciated in washington, i would take the former 100 out of 100 times. jenna: senator cruz spent 21 hours on the senate floor defending his position on the health care law. surely more from him to come. jon: i'm sure we'll hear more from that. dick cheney says senator cruz represents how an awful lot of americans feel about congress in washington these days. here is what the former vice president had to say on the "today" show. >> i think they've raised issues that an awful lot of americans cared about. terrible track record with respect to federal spending, nobody seems able to solve the problem and it's an uprising and the good news is it's taken

place within the republican party. i don't think it's a negative. i think it's better to have that ferment and change in the republican party than to have it outside. jon: the former vice president also believes the tea party movement is a positive influence on the republican party. he says he thinks people are frustrated with washington and it's time for new leadership. jenna: meanwhile, not far from washington, d.c., the election for virginia's governor is just a few days away and the candidates are bringing sleeb writ -- celebrity help now. the state current attorney general brings in his counterparts today. they can't endorse either of these candidates. how about that? chief political correspondent is in washington watching this race. >> you know it's tough when op ads can't pick a candidate.

it has been about a seven point lead for mc cakaucall -- mc cal. clinton made her first appearance at a campaign event since she left the state department. she leads just about every poll of potential 2016 presidential candidates and as she was promoting mcauliffe and blasting the right over the shutdown, she sounded like a candidate herself. listen. >> we cannot let those who do not believe in america's progress hijack this gret experiment. and substitute for the habits of the heart suspicion, hatred, anger, anxiety and insecurity, that's not who we are. >> lots of lofty rhetoric, using a tell prompter, good way to

prep for a campaign of her own. >> let me be crystal clear. i trust women to make their own decisions about their own personal health choices. [applause] as governor, i will veto any legislation that would restrict birth control. >> there's been a whole lot of polls that have shown the race being at eight points but in those polls, that's a margin race. it's statistically tied in an awful lot of them. average of all of them, it's about a 7 1/2 point edge for mcauliffe. the other fights back, before youing in reinforcements of his own. he'll have a rally in virginia. he was the first in the country to file suit against the obama administration to halt the

affordable care act from being implemented there. to fire up the base, he'll hold a rally in northern virginia with a handful of attorneys general from other states. they'll come from alabama, georgia, west virginia and florida, all to say that the battle is not over. this could be a low turnout race and rallying the base could help him and they're going to continue to fight on obamacare regardless of the outcome of what happens in virginia in a couple of weeks. jenna: a race we'll continue to watch. thank you. jon: mobster sent to jail for the rest of his life but one man who was set to testify against whitey bulger suddenly turned up dead. more about what killed him coming up. plus battling deadly wildfires thousands could now be warned to get to safety. and a doctor on trial for killing his wife. was it an accident or did he carefully plan it? >> he said i'm really concerned about my wife. she gets nauseated easily, she

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>> new information about the death of a massachusetts man who was once on the prosecution witness list in the trial of boston mobster whitey bulger. another twist to an already bizarre scenario, tests now show steven rakes, that's not the person on your screen. that's whitey bulger. but this man, steven rakes, his body was found in july. he drank iced coffee laced with cyanide and that caused his death. >> that's right. and authorities, by the way, say that this murder is not related to the bulger case but they are, as you said, now calling it a homicide. steven rakes was a potential witness in the extortion trial of alleged boston gangster whitey bulger but in july, rakes

died and now the massachusetts medical examiner has ruled that rakes died of say -- cyanide poisoning. his co-worker has pleaded not guilty. prosecutors say he owed rakes money and lured him to a meeting where he poisoned his drink. he then allegedly drove rakes around for hours before dumping his body. district attorney's office intends to file additional charges against him bases on the new findings. jenna: very interesting. thank you. jon: a stunning about face from a federal agency. department of houng and urban development is changing now a program that has been provided housing for deaf, blind and hearing impaired seniors since 2008. william is live in l.a. with more on that. >> well, the national association for the deaf calls this h.u.d. decision atrocious

and a tragic irony considers h.u.d. helped build the project because of lack of affordable housing for the deaf and the agency saying it made a mistake, has put a gun to the head of arizona saying unless they rent 25% of the units to the non deaf and blind, they'll pull housing money from the state. >> as a deaf person, i feel like i have a right to live where i like to live. >> it's quiet here but plenty is said in sign language. >> i would be devastated. i would cry. i want to stay here. we need this place. >> apache trails is one of the few apartments in the u.s. built specifically for the deaf. a video phone lets residents talk with friends. every unit accommodates a wheelchair. blinking lights signal the doorbell, disposal and fans. >> it's nice to have a life that is equivalent to other people that are not deaf. >> h.u.d. spent $2.6 million to build the project because it helped the deaf.

now, however, it says the complex is guilty of discrimination and demands 75% of the units be rented to those not disabled. >> to say there are too many people impaired here, that's just nuts. >> attorneys that i have dealt with at h.u.d. i would characterize as ignorant and arrogant and much worse, they're powerful. >> statehousing director meant with the secretary months ago. >> he looked me in the eye and he said if you say we've taken too long to resolve this, you're right. if you say that we haven't handled this well, you're right. >> yet five months later, nothing has changed. >> i'm really disappointed. i'm disappointed with their lack of desire to understand. out there in the hearing world, it's really lonely to be deaf. >> so h.u.d. said that no more than 18 deaf residents can actually live there. those units become available and

now they have to be rented to non hearing impaired residents. h.u.d. had no comment to us. back to you. jon: what a story. thanks. jenna: yet another reason to get your eight hours every night. how a restful sleep could boost your brain power because it helps sweep out your brain. jon: i could use some sweeping out in my brain. jenna: what happens if you can't get a good night's sleep? fascinating information after the break. a can of del monte green beans? ♪ ♪ if i was a flower growing wild and free ♪ ♪ all i'd want is you to be my sweet honeybee ♪ ♪ and if was a tree growing tall and green ♪ ♪ all i'd want is you to shade me and be my leaves ♪ grown in america. picked & packed at the peak of ripeness. the same essential nutrients as fresh.

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brains are operating as a neuro trash truck. can you tell us about what our brain is doing while we're asleep? >> sure. all the cells in our body create a tremendous amount of waste and there's a system in our body

that takes all of the waste that cells get rid of it, follows it through the circulatory system and gets rid of it. up until recently it was felt this limb -- lymphatic system worked everyone but in the spinal cord. there might be that type of system in our brain even dating back to hipocrates. but it hasn't been up until very recently that the work of a doctor has really put the pieces together into what she's described as the glymphatic system of our body or the way our brain gets rid of toxins. it only really works at night. jenna: and we're seeing a lot of what we call babies sleeping and children sleeping and adults

sleeping. is this just happening all the time regardless of our age? >> absolutely. and what's important is the research has found that one of the things our system is getting rid of is a protein which actually accumulates in the brains of patients who have alzheimer's disease. in the past it's always been the plaques, are they causing alzheimer's disease or are they a marker of the disease? and now with this research being put together and its role receipting to sleep, some saying if we're not sleeping well or enough, we may be putting ourselves at risk for a disease like alzheimer's disease or other diseases like it. dementia, stroke, m.s., all these things ren are related to poor sleep quality so one thing we can do to might make ourselves healthier is to sleep more and better.

jenna: i'm sure folks think, i'm not sleeping drink. is there a direct connection now to that and alzheimer's or more research needs to be done? >> i think more research definitely needs to be done. people have lighters in their pocket might develop more lung cancer. it doesn't mean the lighters in the pockets are causing the lung cancer. it could be a marker of something else but we're definitely moving research in that direction. it's saying there could be very direct links between poor sleep quality and some neurological disorders. jenna: that really brings it how many for causation. let's get to the heart of the matter. we would like to sleep better. how do we do that? >> i think the most important thing is that we need a -- to set aside appropriate time to sleep. more and more of my patients and people i work with are working longer hours or working multiple jobs and we absolutely have to

prioritize or sleep. just because somebody can get by with five hours or four hours of sleep per night for long periods of time does not necessarily mean that they should or that it's at all healthy so we have to really take a look at our own schedules and at least set aside the time to get to sleep. if your sleep quality is still poor, that might be the time to talk to your doctor or talk to a sleep medicine specialist about some of the intrinsic sleep disturbances like sleep apnea that could wreck your sleep quality. jenna: do you need eight hours to properly clean out your brain? or does that happen intermittently throughout the evening? >> i'm not sure that that's known and we have to be careful when we're kind of talking about eight hours. some individuals simply can't achieve that but i think 7 1/2, eight is a good average at least to shoot for. if you find yourself coming up short because ear not sleepy, it's okay to wait to fall asleep. jenna: great advice for us today. we look forward to having you back on the program.

thank you so much. >> you're very welcome. jon: and if you stay up late on a sunday night to watch an nfl game -- jenna: he said he works with professional athletes to help them sleep better so it's important. maybe your broncos needed better sleep. sorry, jon. jon: they needed something. the critics of obamacare say enrollment problems are really just the tip of the iceberg. obamacare website faces one problem after another. so how are the media covering this fiasco? our panel looks at both sides of the debate. deadly wildfires down under, destroying homes and threatening one of the most populous areas in australia. we on efforts to contain this raging inferno. >> i said to my husband, i remember when you carried me across the threshold. you have things from the years

and it's all gone and you think, well, i'm 54 now and i have to start again. but we will. i'm overhe hill. my body doesn't work the way it used to. past my prime? i'm a victim of a slowin? i don't think so.

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jenna: the economy can really affect your sleep patterns or your ability to sleep and this story is not going to be one that's going to be particularly easy to take. there's some grim new stat sticks on the tough economic times facing some of the most vulnerable people in our country. majority of students in some

states are living in poverty, hitting the highest numbers in 40 years. doug is live from washington with more. >> this study released this month by the southern education foundation found that the majority, the majority of public school students in 14 southern states and four more out west are now living at poverty levels. these states include virtually every southern state except maryland and virginia as well as these western states, new mexico, oregon, california and nevada. here are top five of them. in mississippi, 71% of kids are at poverty level. new mexico, 68%. louisiana, 66%. oklahoma, 61 and arkansas, 60. >> we've had very slow economic growth and particularly falling real wages for workers with less experience and less education for more than 30 years. so this is a long trend in the

making. >> one expert in childhood education says the central point that the majority of southern schoolchildren are at poverty level is widely inaccurate, though. >> it's wrong. if you use official poverty measure, it's nowhere close to half the kids in school are poor. they used a different measure than poverty measure. >> they used the number of kids eligible for free or reduced cost school meals. national poverty rate is closer to 22%. most agree it's way too high. >> the general point about economic well-being is definitely correct. we've had lots of inequality in the united states. it's increased greatly, especially at the top of the distribution. we have not been very successful at reducing children's poverty over the last 40 years, really. >> the study makes no mention of one of the biggest contributors

to poverty and poor school performance which is single parenthood which some scholars attribute to a lack of job opportunity. bottom line, the study says great troubles ahead, one with intact, two parent families and kids who got parental attention, including reading and study at home and single parent homes who aren't getting the skills they need to move ahead. jenna: thank you. jon: you might have heard the president speaking just a short time ago in the rose garden but even as he was doing so, the number of critics seems to have increased. technical problems are putting the white house in the middle of a media fire storm over the messy health care website rollout. now it appears the media actually might be turning their back on obamacare. >> administration, the white house in particular, very worried about this. they have spent a lot of time, a

lot of money on this program and you can't say that this rollout has been anything short of embarrassing for the president. >> it's not just the fact that you can't get in the front door but they even those people who are able to sign up, the trickle of information that's getting to insurers are wrong. insurance companies have to go back and check each one of these signups which delays a process, costs more money and so there's a problem that's being reported that is throughout the entire system, not just the kind of pretty website. >> the media, are they turning on obamacare? joining us is a writer for the american conservative magazine and ellen there in the red jacket for talk radio news services. both are fox news contributors. are they turning, jim? >> i think it's been a very difficult three weeks for the media to keep covering for the president and so they finally sort of stopped. i think the president has learned long ago in this administration that if he doesn't engage in an issue,

whether it's benghazi or the n.s.a. or the i.r.s., then the media will pretty much give him a pass and beat up on lois learner or whoever and pretend the president was never involved in his own administration but this has become so awful that the president had to get engaged today or just a few minutes here on the air and that now will cause the media to say, wait a second. what about the president? what did he know and when did he know it? he's not used to it. jon: do you see it as the president trying to get in front of this messy rollout of health care exchanges? >> he's clearly trying to get out in front of it and it's been messy. no question about that. i'm of two minds. i don't think the media has done their job in terms of following who the credit was given to and the other piece is the president and the fact that today he said, hey, you know, we've had some problems. we're going to fix it.

and people are going to get lower health premiums. so i think that he has given himself and perhaps the media an out but he's determined to fix it. jon: big story in the "new york times," jim, and this is kind of long but i want to put it up on screen and let people hear it and kind of take it all in. according to the times, one major problem slowing repairs, people close to the program say, is that the centers for medicare and medicaid is partly responsible for making sure that the separately design pieces of so the ware from 55 contractors work together. it is not common for a federal agency to assume that role and numerous people involved said the agency did not have the expertise to do the job and did not fully understand what it entailed. sounds like a reason maybe not

to get the federal government involved. >> right. i'm sure that the secretary wishes she resigned in good grace right after the election. if she'd been gone from the health and human services department for the last year, she spent this year hiring her out as a consultant, the company saying, look. we need help with obamacare and she could say, listen. it was working when i left. now she's going to be the sacrificial lamb in all of this. now that the president stepped in and owns the issue, now he has to start firing people to prove it wasn't his fault all along and i think she wishes she had joined the private sector when she had the chance in good grace. jon: is it kathleen's fault? >> well, i i don't know whose fault it is and that's where the media has fallen down on the job. we should have found out who the contractors were much earlier in the day but i don't think the "new york times" is correct. look. national security agency,

c.i.a., they do oversee a bunch of contractors. you don't hear about it because it's part of the black budget but it is something that agencies do. so i think that jim is right. on one hand, the president might or might not hold some people accountable. i'm trusting that he will. jon: john wrote a piece that writes, it is easy for the media to cover the obamacare launch issues because eventually those will be fixed and the media desperately want the site fixed because they desperately want obamacare to succeed. what can't be fixed -- >> i think everybody wants it to succeed. no? don't you want it to succeed? >> jon: it said what can't be fixed and what can only get worse is the economic chaos obamacare is raining down on millions. website is one thing. the entire program is something else. >> i think we have to give it time in terms of the entire program. look. you know, for somebody like me,

and i did have trouble getting on the health care exchange, and i have been paying $1850 a month singly. that's a lot of money. i have only to gain from this. and it's age, one eye and all of that kind of stuff. jon: is it going to be cheaper? >> i haven't been able to get on the website to be very honest. but you know, i think he's trying to fix it. and you have to give him credit for that. >> it's a little pie in the sky. it will be better tomorrow. it will be better tomorrow. we've been hearing that for a long time. it's not like we weren't warned about this. february and march, top officials were saying exactly this. we're worried. we don't think it's going to work. we're afraid it's going to be a fiasco. those stories were in the news. they just didn't get much attention because the mainstream media and john nolte said the main media was cheering for this thing and the gang of 500, 500 top reporters or so in this

town, want to get this behind them so they can get back to honoring obama like they want to. jon: we've only had three years to prepare for this. just remember that. >> it took the soviets a long time to get their economy working, too. >> jim! jon: we have to say goodbye. thank you both. jenna: breaking news in nevada. northern nevada today, we're hearing of a school shooting at sparks middle school this morning. some information we have at this time from the local police to fox is that the scene is secure, shooting did not happen in the school but on the school property and we're mentioning that the shooting is at the middle school. right now what we know as far as injuries is two people dead, two others at a local hospital. the associated press is saying that the two at the local hospital are boys. we don't know any ages and don't know any more specifics than that or the scenario around the shooting. the school is cleared now. there's a high school apparently

next door and the local police are saying that both schools are secure and safe. we'll keep you updated as we hear more out of northern nevada today. coming up we're following a bizarre murder trial. a doctor accused of killing his wife with a lethal cocktail of prescription drugs. our legal panel looks at the arguments made by the defense and the prosecution. so if you have a flat tire, dead battery, need a tow or lock your keys in the car, geico's emergency roadside assistance is there 24/7. oh dear, i got a flat tire. hmmm. uh... yeah, can you find a take where it's a bit more dramatic on that last line, yeah? yeah i got it right here. someone help me!!! i have a flat tire!!!

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jenna: now to the latest on a bizarre murder trial we've been covering here. a utah doctor on trial forkilli the lethal dose of prescription drugs. michelle found lifeless in a bathtub in april of 2007

following plastic surgery. an opening statements, his defense attorneys blamed his death on a genetic disorder. >> the prosecution's perception in this case is wrong, ladies and yes. bart mc neil is not guilty. look at the actual facts in this case. the science in this case. the real culprit in michelle's death, the serpent, if you will, was heart disease. jenna: prosecutors say dr. mc neil's behavior was erratic when neighbors saw him trying to revive his wife. >> he also ex claimed, why did she have the surgery! why did she take all those medications! i told her not to do it. i'm a doctor. she's dead. i've been a bishop. i paid tithing and this is the way you repay me.

jenna: happened in a mormon community. that's where some of that reference comes from. a little from the prosecution and defense there. joining us, our legal panel, a criminal defense attorney and we have a former prosecutor so faith, to you first, the court, by the way, is not in session today. they'll pick up tomorrow. friday we heard a little bit from the neighbor who tried to come over and help dr. mc neil and help his wife. how crucial is the neighbor's testimony? >> well, it's going to be very crucial because this is a case where they don't have a lot of forensic evidence tying this doctor to the actual murder and the crime so the prosecutors have to paint him as a liar hell bent on wanting his wife to have plastic surgery and using drugs to murder her and to commit this crime in the bathtub. they're going to use every witness they possibly can to show inconsistencies in the statement that he gave to the police afterwards because if he is lying about all of these things, they're just going to paint a picture of him using this web of lies and deceit and a huge motive having an affair

and wanting to pursue that affair and he wanted his wife dead. jenna: that's what the prosecution does. i want to mention to our viewers it's been five years obviously since the death and now here we are at trial. here is some sound from the neighbor testifying on friday. >> did he say anything else besides instructions about c.p.r.? >> yes. he would make different comments. i would be doing chest compressions and he would say stop and act like he was listening and then he would put his face over hers and then tell me, okay. continue. so i would continue and then he would throw his hands in the air. i think twice he would say, why? why would due this? all because of a stupid surgery and he would say, okay. continue. so i would continue to do chest compressions. jenna: your background is a defense attorney. is that damaging? >> i don't think it's very damaging at all. fortunately, i think none of us in this building have had the experience of having a loved one die in front of us and knowing

how we would react in that situation so the fact that this doctor started saying things, i think they're trying to show he was saying things that were a little off color, is not really going to make or break this case. the thing that's going to make or break the case is the one piece of forensic evidence that they do have and that's the medical examiner. the medical examiner's job is to determine cause and manner of death and guess what? originally the medical examiner said this woman died of natural causes and when they reopened the case, the diagnosis did not change. they said we think it was natural causes now. we say we don't know. but at no point did they say it was homicide. jenna: it was two medical examiners and then another medical examiner that was working on behalf of the defense. so is that just it in this case? you have to prove he did it beyond a reasonable doubt. >> right. that's going to be a major issue. if the defense wins, it's going to be because they're going to argue to the jury, listen. these experts couldn't even determine the cause of death was homicide so how can you convict

him? the prosecutors are going to argue, he's a doctor. he has specialized experience and he requested these drugs and he was the one repeatedly giving his wife these drugs after the surgery. jenna: but he didn't prescribe them, did he? the doctor that did the surgery did. before i let you go, they have brought a bathtub into the courtroom. it's not the bathtub where she died but it's a bathtub. there it is. just in general, effective or not? >> this is going to fall short. what they need to prove by the bathtub is that she had fallen into it or placed into it. when o.j. tried on the glove, look what happened. when the prosecution in zimmerman took out the dummy, look what happened. demonstrations don't work for either side. that's not going to hurt the defense in this case. jenna: we won't expect any props from you. great to have you both. thank you so much. jon: update on the breaking news we just told you about out of

nevada. the shooting at the school in sparks. an update coming up. : ... ... ... ... ...

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♪ ♪ jenna: breaking news out of nevada. sparks, nevada at sparks middle school, there's a shooting just a short time ago. local law enforcement is telling fox news there are two people dead and two others in critical condition. we also are hearing that the shooter is down. whether that means the shooter is dead, injured, in custody, we're waiting for clarification but apparently the scene is secure and parents are trying to go pick up their kids from this area. the shooting did happen on school property, not inside the building and just a few moments ago at the press briefing at the white house, the white house press secretary was asked about the situation. he doesn't have more

information. he said we should be focused mainly on local law enforcement but this has reached the white house. as we hear more about the shooting and the circumstances surrounding it, we'll get back to you. jon: strong winds and high temperatures fuelling raging wildfires in australia. the flames have destroyed hundreds of homes, causing millions in damage. >> jon, these are considered the most destructive wildfires to ever struck australia's most populous states. it's down from 100 over the weekend but 15 of the fires continue to burn out of control. and one major blaze stretching along a 190-mile front is threatening a town near sydney. the blaze was given the higher danger by the fire service. that blaze will continue to burn for days and they're advising

nearby communities to consider evacuating. these fires have killed one man and destroyed 208 homes and damaged another 122 just since thursday. that's according to the rural fire service and authorities are warning that high temperatures and winds are likely to maintain a heightened fire danger for days. jon: what a scary situation. thank you. jenna: that is the top story of the day. when health insurance and technology collide. we have more problems with the obamacare exchange website. more coming up on this topic next. >> another case of bullying, something you need to hear about. we'll be on that in a minute. [ paper rustles, outdoor sounds ]

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the president said 20

million people visited the web site. >> he said we will get the numbers in early november. >> we'll find out. thank you for joaning us today. bill and ally are next. two are dead and two wounded in critical condition. a shooting in northern nevada on the grounds of sparks middle school. >> the injured described as two boys, who are in critical condition. the school is all clear and the suspect is down. we'll have more on the story as we get. it. damage control mode saying help is on the way. i am bill hemmer. >> thank you so much, and i am a list son camerota. the president is