>> i am ainsley earhardt. conrad murray is a free man. while you were sleeping conrad murray was released he served two years for administering the deadly dose of propofol. his early release a result of good behavior. he plans to try to get his license back in the state of nevada. also new overnight a halloween hay ride takes a frightening turn at a camp in milford, michigan. people watched in hoar worror a tractor sends passengers right off the ride. >> i had seen people being taken away on stretchers. children wrapped in if blankets. >> you have a lot of hills to come down a lot of turns. 8 people were hurt their injuries are nonlife thetening. a fair ride operator charged with assault with a deadly

weapon. he shows him shortly after his arrest. he was operating the vortex ride thursday at the north carolina state fair. four people were hurt when the ride started moving as they tried to get off. three people are still in the hospital. the ride was tampered with police say and safety devices were compromised. more arrests will be made. >> chris brown is in court after another run in with the law. police arrested the 24-year-old and charged him with felony assault. he attacked a man outside of a washington, d.c. hotel. he is still under investigation after pleading guilty to attacking his then girlfriend briana the might before the grammys. he could be sentenced to as much as 4 years in prison. a sound came from a movie. men climbed through a small trapdoor above the shower and

crawl $30 feet through the pluming chase and escaped through a door. >> pushed the door and walked out. >> if it is that easy they need to revamp. >> the trapdoors above the showers were supposed to be welded shut last week but workers missed two of them. a well executed attack. that's thow the first eyewitnes described the fateful night of september 11th, 2012. >> kelly wright is in washington with the latest. good morning kelly. will>> good morning to you as well. the guard is described as a former british soldier. what is chilling about the testimony is he believed the benghazi terror attack was inevitable. in an interview the british soldier could hear gun shots where ambassador christopher

stevens was killed. >> i dreaded seeing who it was, you know, it didn't take long to get to the room and i could see twlu t through the glass. i didn't even have to go into the room to see who it was. i knew who it was immediately. who was it? >> it was the ambassador, yeah, it was shocking. >> jones says the al qaeda forces then made a second attack on a secret cia annex about a mile away. fox news reported a emergency meeting had been conducted a month before the benghazi assault warning they could not defend itself against a coordinated attack. >> i made it known at a team meeting you were going to get attacked you were going to get attacked in benghazi, it's going to happen. you need to change your security profile. >> three other americans along with ambassador stevens inside during that attack.

over the past year congressional hearings revealed concerns about security. all of this included security was woefully lacking. >> kelly wright live for us in dc. thanks so much, kelly. more troubles for the obama care web site. a serious network glitch leaves all residents unable to sign up for healthcare coverage on-line. it is linked by a data hub marked by verizon. this as kathleen seb beal why yous tak-- sebelius talks. >> we want her to talk to us before she leaves office. >> we are talking about kathleen sebelius, she was last night the laughing stock of america. sho she is lost credibility. >> did president obama know his

own five were bugging world leaders including angela merkel? a new report says no. they say the nsa ended the program after a white house review. a german source sites an nsa source that claims the president did know everything as far back as 2010 and gave the go ahead to boost surveillance. they reacted with this statement general alexander did not discuss with owe bambina -- ob? 2010 nor has he ever discussed operations involving chancellor mirac merkel. >> the island for immigrants will once again see visitors again. ellis island was closed for almost a year because of super storm sandy.

more than 1 million photographs remain in storage while buildings are being fixed and upgraded. >> super storm sandy does not play favorites destroying everything from new york city to small towns on the coast. after it was all said and done sandy left 24 states impacted and counties and 8 states in puerto rico were disaster areas. craig has more. >> good morning to you. the waterfront along long island was about 6 and a half billion in damage. we are here in long beach where there's a $44 million project that struck up and down the east coast. will it was new york and emergency emergency that took the brunt of it. >> a major hit beach homes to the powerful storm surge.

>> the house was still standing. >> beach lots found empty and crossroads as they look for the share of hard to come by federal relief. so far it received 300,000 dollars. >> please places are gone and they are not coming back. there's so much history these were indian reservations. there's a lot here we need to preserve for future generations. there's nothing like this left especially in new the rockaway in queens new york some still displaced families are helping to restore storm ravaged homes. >> we are looking at a year, two-year, three years work to make sure those families are back in their homes. >> former first daughter chelsea clinton helped with renewal efforts while timothy dolan to remember those who lost their lives. >> we will never forget that death and destruction ever, ever, ever. that's what hurricane sandy kind

of literally means. >> we also know it means a community coming together. >> new york state is expected to send about $400 million buying homes in the communities. $300 million in new jersey. guys, back to you. >> craig, thanks so much. what do hurricane sandy and obama care have in common? the company behind the healthcare.gov debacle is responsible for assisting 1 skwl 7 million in policy development training and call center assistance. st. louis holds a one-game lead heading into the game four of the world series. in the 6th inning he blasts a three run homer. boston takes a 3-1 lead. cardinals tieing run at the

place and picks off colton wong at first leaving beltran standing at home plate. red sox win 4-2. game 5 tonight at 8:00 p.m. on fox. a record setting day for the envelope. green bay packers taking on the rival vikings. he takes the opening kickoff and nfl record 109 yards. packers go on to win 43-31. detroit now calvin johnson rips apart the dallas defense with 329 yards just 8 shy of the single game record. the lions won 31-30. to the west coast oakland raiders quarterback terrell cryer takes one in himself from 93 yards away. the longest touchdown run ever for a quarterback. raiders win 21-18. bad grandpa finally takes down gravity. >> did you put money in there?

>> sorry. it didn't work. >> bad grandma nothing but good at the box office this weekend. the movie starring johnny knoxville number one with $32 million. the space thriller gravity slips to number 2. and tom hanks finished in third. >> going into the rockies and other plains as well. maria molina has your first degree weather update. >> you are right. we are talking about a storm system developing out west. this system doesn't just have snow but also areas of rain and strong winds associated with it. we have a number of winter chill warnings in effect. we have a winter storm warning for parts of montana.

we are watching this storm system as we head into tuesday. severe weather damaging winds large hail possible. temperature wise on the cold side and backside of this system. 42 for your high only in the 40's in minneapolis. to the south 80s. >> it is 11 minutes after the hour. a woman tossed in jail for 60 days all for not paying a parking ticket. we report you decide. >> flames spread from one store to the next. where this raging four alarm fire engulfed a strip of stores. flu claer clear mine was earned orbiting the moon in 1971.

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but chantix helped me do it. i told my doctor i think i'm... i'm ready. [ male announcer ] along with support, chantix (varenicline) is proven to help people quit smoking. it reduces the urge to smoke. i knew that i could smoke for the first 7 days. i knew that i wasn't putting nicotine back into my body to try to quit. [ male announcer ] some people had changes in behavior, thinking or mood, hostility, agitation, depressed mood and suicidal thoughts or actions while taking or after stopping chantix. if you notice any of these, stop chantix and call your doctor right away. tell your doctor about any history of mental health problems, which could get worse while taking chantix. don't take chantix if you've had a serious allergic or skin reaction to it. if you develop these, sp chantix and see your doctor right away as some can be life-threatening. tell your doctor if you have a history of heart or blood vessel problems, or if you develop new or worse symptoms. get medical help right away if you have symptoms of a heart attack or stroke. use caution when driving or operating machinery. common side effects include nausea, trouble sleeping and unusual dreams.

if i could describe being a nonsmoker, i would say "awesome." [ male announcer ] ask your doctor if chantix is right for you. >> people starting to wake up in new york city. overnight a massive fire burned down a strip mall in massachusetts in am burst leaving one firefighter injured. it was home to dozens of businesses including a restaurant and pastry shop. the fire was so big it could be seen from 2 miles away. a fire was injured.

boston center was subpoenaed by a grand jury related to an investigation of aaron hernandez. will officials consider him a material witness. the subpoena relates to gun trafficking charges. they were close friends and teammates during college. he was found not guilty of first degree murder charges. >> a man shoots four people and two dogs at a phoenix, arizona townhouse before turning the gun on himself. the man who lives next door to the family often argued with them about their barking dog. >> i heard gun shots i looked out my window. he was looking at the gunman put it to the wall and shot again. they hope the autopsy will shed light on the motive. >> a texas woman said she got a

ticket in august for running a stop sign. she said she did not pay the fine because she lost the ticket. a warrant for her arrest was issued and she was booked. it is procedure for booking process for women to undress and change into a jump suit. her family bailed her out after her arrest. >> plea oy employees were detaid for not working after the government shut down. good morning to you patti ann. the government shut down cost taxpayers billions of dollars. it will cost employees a little bit more. any one who receives unemployment benefits have to pay them back. 400,000 employees received days off work. employees are receiving back pay for the days they were off work.

technically they were not unemployed in states like oregon. employees will have to pay back 400,000 in back pay. >> people over 50 are happiest on the job. >> the associated press found that 900,000 workers over 50 are very or under satisfied with their job. that is regardless of gender, race, political ideology and income will feel. you may have free steak or lobster this year. they are offering free kid's meals on halloween to lure in customers. olive garden red lobster and longhorn steakhouse are offering free meals but you have to grab a coupon off their face page. they earn a dig on halloween since most eat at home. it is one of the pizza

delivering industries night. not if you have to work at 2 in the morning. >> go to their facebook wage and you can get the coupon. >> a moment for kenny rogers. ♪ >> the 75-year-old was just inducted into the country music hall of fame. good for him. congratulations. this is him performing the new song "america" earlier this month on "fox & friends." >> meanwhile the music world is mourning the death of rock and roll legend lou reed. ♪

>> he founded the under ground in the 1960s but best known for his hit "walk on the wild side." he received a life saving live transplant after suffering from chronic live failure. he was 71 years old. it is 20 minutes after the top of the hour. an an monday mouse donor helps a cash strapped woman. >> shaquille o'neal making an endorsement for a new jersey candidate. who he is backing coming up.

>> two indiana students face charges for stabbing a student. university police arrested sun sun chen and kie ue wow on sunday. both charged with intimidation and chin is also charged with battery. the two had been arguing with the victim who was stabbed in the back. the victim is going to be okay. it is not clear why the three were arguing. this is a great call in chicago. the over due bills of cash strapped women's sherlts. the owner of the charity who has been struggling to secure new grants she didn't realize it prepared so much. >> chris christie gets his tallest endorsement in the campaign, shaquille o'neal.

>> i don't endorse many politicians. but he's different. he's, woulding with bring jobs back to our cities and with a new program to help tough neighborhoods get ahead. governor crist tee provided more school choices for parents. >> o'neil is a new ark native and has arrested cyst thristie state initiatives in the past. he doesn't normal glit involved in politics. >> pothottie induced memor it starts with people lying to impress a good looking potential partner. whether it was egg ago rati-- exaggerating a high school sports or love of shakespeare the more they lie the more they believe the lie making it hard to remember the truth.

>> she was a smiling face on the obama care. why we may not know who she is. >> a man impaled a marlon after it pro telled th pelled himself their boat. terminator starring arnold schwarzenegger was the number one movie in america. ♪ ♪ ♪ [ female announcer ] with five perfectly sweetened whole grains... you can't help but see the good. i'to guard their manhood with. trnew depend shields and guards. the discreet protection that's just for guys. now, it's your turn. get my training tips at guardyourmanhood.com

>> witnesses on the attack speaking out about the chilling details about that night. >> you could hear gun shots. he said there are men coming into the mission. his voice, he was scared. >> what else it reveals about benghazi. the newest ash ult on the de pock el. one congressman said it is not secure and why it may be redesigned. why conrad murray was set free. why the former doctor was released ahead of schedule. fox and friends first starts right now. ♪

>> new york city this morning. it is monday october 28th. welcome back. it is fox and friends first. >> it is 31 minutes after the top of the hour. the eye p land ushered millions of immigrants into the united states will see visitors today. it is set to reopen after being closed for barometer a year after super storm sandy's damage. more work needs to be done more than 1 million photographs remain in storage while buildings are being fixed and upgraded right now. >> conrad murray is a free man. while you were sleeping he was released early.

he served three years of a sentence. he died in june of 2009 from overdose of propofol. in court this morning a fair ride operator charged with three felony counts of assault with a deadly weapon. he was operating the vortex ride on thursday at the state fair. 5 people were hurt as the ride kept moving as they were trying to get off the ride. >> the ride turned upside down and dumped everybody out. they got hurt. there are people hurting are willy bad like their head and stuff. >> five people fell, 20 feet drop. >> three people are still in the hospital. investigators say the ride was tampered with and safety devices

were compromised. more arrests could be made. a halloween hay ride sent passengers flying right off the ride. 8 people were hurt. their injuries are not life threatening. >> the first eyewitness to speak out about again zi and the terror attack described the fateful night on september 11th, 2012. kill lee wright has more. >> he is protecting diplomat and military officials. in an interview he describes how the attack took place. will he said he was talking to one of the agents inside the compound who shaz they were under attack. i said what's going on?

he said we are getting attackled. i said mhow many? he said they were all over the compound. i was shocked. i didn't know what to say. i said keep fighting on oim moon iowa. >> jones says the al qaeda forces knew what they were doing that it was a well executed attack. fox news reported it was a month before the assault warning it could not defend against a coordinated attack. >> it was a tlifrightening piecf information. >> because it meant what? >> it raised the stakes, changed the game. >> changed the game involving four americans including ambassador stevens among those killed in the attacks. numerous congressional hearings revealed concerns about security there. all of them concluded the security was inadequate. ainsley, patti ann? >> kelly wright life for us.

>> hundreds gathered to remember the 24-year-old massachusetts high school teacher allegedly killed by one of her students last week. her body was found near the high school after she went missing. her funeral mass will be held later this morning in and over. >> singer richris brown is arrested for felony assault after they say he attacked a man outside of a washington, d.c. hotel. brown is still on probation after pleading guilty in 2009 for attacking his then girlfriend rihanna. more problems plaguing the obama care web site. a serious network all 50 states unable to sign up for health

coverage on-line. this before sebelius is scheduled to testify. >> it is working now the web site is but what failed this time is kind of behind the scenes. a central data hub. it was one part of the web site that was considered to be some what reliable. the timing here is not good. a number of administration officials including health and human services kathleen sebelius are ready to testify. >> the president has been pourl served in his own signature legislation. if somebody doesn't leave if there isn't a real restructuring not just 60 days someone come in try to fix it he is missing the point of management 101 thesis peop these people are supposed to serve him well and they haven't.

>> it will be functional in about a month. in addition to the functional problems some suggest there are also security concerns. >> the problem is they may have to redesign the system. eerie time one agency goes to another agency it is called a boundary. that is the weakest most vulnerable part of the situation. it is clear they don't have the boundaries secure. that's what i am concerned about. >> one change we have noticed this morning the mysterious serene smiling woman in the front of it has been replaced. this is the current version of the site. they replaced her with reminders if the web site doesn't work you can always use the telephone or go back to pencil and paper. back to you guys. >> i wonder if she said i don't want to be associated with it, take this off. >> that may be. nobody knows who she is.

a money jumps ship to avoid getting skewered by a giant marlin. >> you can see three michiganer men trying to lure the fish in. it chased one of the men who did not hesitate to jump into the water. >> wow. that could have been pretty dangerous. the>> but everything is okay there. >> winter weather getting ready to hit the rockies and other areas in the northern plains. before we leave the house let's get a weather update from maria molina. >> wonder what happens with the fish and the man. talk about the storm system across parts of the rockies. this storm will be week with us. the entire week we are expecting a lot of heavy snow across parts

of montana. 15 inches of snow out here. tuesday into wednesday it heads east. severe weather also a concern. more snow possible even across parts of the northern plains. today we are looking at a risk of severe storms damaging winds large hail and isolated tornadoes across sections of kansas. otherwise storms across texas and some of the temperatures summer like conditions 81 new orleans in atlanta today only 69. you will be in the 70s over the next couple days. >> overall it looks very nice. 39 after the hour. the nfl rakes in $5,200 a year but the league untouchable by the tax man? why the league has been able to be tax exempt and who is trying

to stop that. >> a new study reveals music does more than make us all dance. why children might want to listen to us before they take a test. [ grunts softly ] [ ding ] i sense you've overpacked, your stomach. try pepto to-go. it's pepto-bismol that fits in your pocket. relief can be yours, but your peanuts... are mine. ♪

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>> 26 palestinian prisoners rb released. they will be the second group of prisoners to be let go since august. israeli and palestinian representatives began talks in jerusalem this summer after a three-year hiatus. as part of the process israel agreed to release 104 palestinian prisoners. edwa a trader according to michael morrell. he claims the nsa leaker caused

more harm than good-bye releasing the nsa secret play book. still the former government spy says these leaks are not our country's biggest problem. >> it is more dependent on the strength of the economy and society than anything else. i think there is for some reason i don't understand there has been a change from the willingness of both parties to get things done for today the two parties at each other's throat. >> he says to get it back on trock you need healthcare change. >> people have been trying to identify her since the web site rolled out. now her picture has been removed from the page and her identity still remains a mystery as does the reason her photo was taken

down. >> subsidizing a special break for one national headquarters. it has a lot of critics trying foul. good morning diane. >> good morning ainsley. they are collecting $250 million in annual revenue. the money is collecting through things like dues ticket proceed and so on all get funneled back to the team where they are subject to taxation. they agreed and even filed a bill to revoke the tax exemption. he believes it stems from not

realizing the tax exempt status only goes to the headquarters not the team. watchdog site guide star says the league offered 255 million in revenue but spent more than 330 million including 2.3 million in grants for community group that gave 30 million for the commissioner's salary for which he did owe income taxes and almost 36 million to build a new office space. the nfl is also not alone here. the national hockey league main office also enjoys the same tax exempt status. if it is passed both would lose their status. we will keep you posted on what's going on. >> interesting information. >> it is 46 after the hour. he is the son of one of the most famous actors in hollywood. sp scott eastwood is not interested in riding his own father's

coattails. our one-on-one with him coming up next. >> brian kilmeade tells us what's coming up on "fox & friends." >> brian kilmeade. can't wait to know him. how do you know all of this. what's america's number one occupation? we will shock you with the answer to that very question. donald trump is here and bret baier is here. see who has more money and more money on them. obama carolouts. a christian mom's amazing act of compassion toward a thief that stole her wallet. howe mandel is here. if you can't afford a halloween costume, then make one yourself. it's a diy ideas. come to think of it i could do this show. i could even do the crew's job myself. i don't need anybody. >> i didn't know you -- i didn't know you heard me. sorry, guys. i didn't know they were

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want to become a rocket scientist? you may want to make some music. researchers say children who are taught music and creative arts tend to have more success later on in life. they also say children who are not introduced to creative arts will probably lead a less productive life. researchers suggest that arts and crafts help kids and adults think out of the box. >> when you're at an ohio state university football game, sometimes the highlight is the moment the marching band takes the field at half time. the band continued its stellar season at yesterday's game against penn state. during the show they played music sets from superman,

harry potter and jurassic park making various formations from each of those movies. >> families play a major role in everyone's life and it is no exception for clint eastwood's sopbd. michael tammero steps into the spotlight. >> last week we met scott eastwood and talked about why he was using his mother's maiden name. while he is going into the family business, there are some ways he's distinctly different from his dad. >> mr. president, how do you handle -- how do you handle promises that you made? >> oscar winner clint eastwood made headlines speaking to an empty charity republican national convention. it wasn't his first foray

politics and probably won't be his last. his son is in the family business but when it comes to politics it is not like father, like son. >> you have the charisma, the smarts. do you ever see yourself in the arena? >> never say never, but i don't think it's for me. >> despite not having the same political drive as his father, he can't deny acting is in the blood. and with that comes the man's man persona his father plays so well. >> go ahead. make my dad. >> somebody who is a man of their word. when they say they're going to be there, they show up and they don't -- >> scott is not shy twhe comes to the strong -- when it comes to the strong bond he shares with his dad and as his father gets older the relationship becomes

more important to both of them. >> i think that is the most important thing in my life, my relationship with him and enjoy the time he has left. >> we can't forget his mom jacqueline reeve. >> my mom is my best friend, my biggest cheerleader, and i love her. i think she taught me honesty. honesty is the best policy. family's important. family and good friends, that's, you know, we're only on this planet for a very short period of time. you take the people you love and care about. >> for all the talk about his father, when you ask him about his mother, his face lights up. >> he seems like a very well rounded guy. >> we asked you what are your favorite clint eastwood one liners.

>> joan says make my day. >> andrew tweeted it's what people know about themselves inside that makes them afraid. >> john, another facebook follower says, do you feel lucky, punk? from the film dirty harry. be sure to keep responses coming by following me on twitter. if you do follow me, we'll be tweeting out the first of what hopefully will be many, many columns starting today. >> very nice job. it is now 5 minutes till the top of the hour. this is no game of duck,ñi duck, goose, but it looks like fun. where a flock of ducks decided to make themselves at home inside a store. ♪ ♪ [ horn honks ]

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two minutes till the top of the hour. before you leave the house, here's what's happening. timothy tutterrows in court accused of tampering with a

ride at the north carolina state fair. police are hunting for four escaped inmates that climbed through a trap door above the shower and got away. chris brown facing a judge today on felony assault charges in washington, d.c. he was arrested yesterday after getting into a fight outside of the w hotel. >> time to look at the good, the bad, and the ugly. first the good. the world's tallest man married and his new bride barely reaches his waist. at over eight feet tall a turkish farmer married a woman 5 foot 8. >> a bunch of ducks entered a pharmacy in sarasota, new york. eventually a worker lured them out with a bag of popcorn. and the ugly. it's the great pumpkin drop in utah. this year's winner dropped a 1,238-pound pumpkin.

the event donates money to the march of dimes charity. 238 pounds. how do you grow something that large? >> incredible. >> so much pumpkin bread you could make with that. all to charity, though. "fox & friends" starts now. good morning. it's monday, october 28. i'm elisabeth hasselbeck. overnight the lights go out on healthcare.gov. the latest glitch knocking out service in all 50 states. the obamacare rollout debacle continues and we have all the details today. >> the entertainer chris brown goes for the knockout and gets himself locked up. why the rapper is waking up in the slammer this morning down in d.c. >> he put himself in the line of fire, dodging a barrage of bullets, even being hit, all this to save a fellow officer. his heroic story and how he's being rewarded is