mothers, and grandmothers, took industrial jobs while our servicemen were fighting world war ii. how cool ills that? thanks for being part of the "the real story." shepard smith is reporting now from the fox news deck. >> watching three developing stories right now. first, massachusetts, four people found dead in one home two adults and two little kids. we're expecting new information in a news conference from police at any minute. we'll have it for you. george zimmerman arrested again. there's the new mug shot. we're waiting for the 9-1-1 call. and a live look at a scene in toronto, where -- well, it will be, anyway -- where the city council is moving to strip the crack-smoking mayor of more of his power. his fox news interview. >> i admitted to using illegal drugs in the last year. okay. i've admitted to drinking too much. okay. >> and there's much more to come from north america's mayor. so let's get too -- let's get to

it. >> first from the news deck at 3:00 in new york city, hundreds of families are searching through piles of debris to find what remains of their homes and their lives. weather officials say more than 40 twisters tore across a wide stretch of the midwest over the weekend, bulldozing house after house, and littering entire town with debris. most people scrammed to find shelter, thankfully. others grabbed cell phones and start recording. oh, my word. look at all the stuff in it. we're just going underneath it, actually. oh, my god. you can feel the temperature change. >> those folks drove right into a pounding hail storm, but managed to stay on the road and

dodge that twister. in a moment we'll talk blaine who recorded this video. he watched as a huge tornado ripped apart buildings right outside his window. first, a look at the devastating aftermath. the storms threw cars through the air, snapped branches and powerlines and left it in tangled mess on top of people's destroyed homes. listen to some folks who rode it out as their house collapsed around them. >> my husband came back and i said i don't know what to do, and we just stood in the hallway where there were no windows and just held each other. >> my son said, there it is, and a matter of seconds it was right on top of us. we hustled in the house, and before we knew it, it was gone. it was that fast. >> we got the mattress, over the top and barely got the boys covered and got underneath it. i'm still picking debris out of my hour. >> weather officials say strong winds and twisters slammed a

dozen states but by far the rare late-season storm hit hardest in illinois. mike tobin there is in the continue of washington im, where the mayor says as many as 500 homes are destroyed. an incredible panorama look right there what is the priority where you are right now? >> reporter: governor pat quinn says the priority is search and rescue, which is underway, but the priority really is recovery. getting the people from these def stated -- devastated neighborhoods back with a roof over their head, warmth and shelter. you look at the sky, one of the things you can notice the path of destruction a quarter mile wide, two or three miles long, how deliberate the path seems to be because of this storm. how there irintact structures on either side. devastation in the middle. looking live across the debris field. young see the people engaged in the task of the day, shifting through the debris in this bitter cold with numb fingers,

going in between the splintered wood and exposed nails, people who face a long winter ahead of them and a long recovery. shepard. >> and for this time of year, really incredible volume of storms. >> reporter: governor quinn said this is a record for illinois in terms of devastating storms to hit this late in the year. if you start looking at the record, after 1950, we haven't seen this kind of destruction in the midwest, in this number of tornadoes. certainly with a tornado reaching as far north as it has, into michigan. we haven't seen that in a half new york shep. >> incredible,. some chilling video from one eye witness as a tornado destroyed nearby houses in washington, illinois. listen as he praise the "our father." >> hour father who -- give us this day our daily bread, and forgive us our trespasses,

should we forgive those who trespass against us and lead us not into temptation but deliver us from evil. amen. >> incredible shot out the window from a payments on zoom, and the words and the pictures in real-time. an their corey took the video and is with us. how are you and yours? >> anthony are you there? >> i'm doing good. how are you? >> i'm very well. you're the one who has been through it all. how about your family and neighborhood? >> my family and i, we're doing good. as for my neighbors, as far as i've heard, they're -- their houses are just completely destroyed, and my heart goes out to all those who lost their homes. >> all of us, anthony. i know you at one point thought you weren't hearing nat a tornado but a helicopter you thought. take us through. >> that was like my mother was cooking dinner and my dad was sitting in the living room, and

my dad thought he heard a helicopter. he looked out the window and we saw it was a massive black twister destroying everything in its way,, in my neighborhood, ad we all just -- we all freaked out, ran downstairs into the basement, and that's when my mother and father and i began to pray. >> i see you shooting this -- i guess it's the iphone or something out a window from the basement. you seemed incredibly calm, anthony. >> yes. we come from a very devout catholic christian family, and when we come together and pray to our lord, we -- just gives us strength and courage and calms us down. >> when this -- when the storm itself had passed and you left the basement, were you surprised by what you saw? >> at first, you know, like, we just decided to check out the neighborhood as soon as the storm passed by, and what we saw was -- it was just crazy what we

saw. one something out of a movie. we couldn't believe the destruction the storm called. it was very unrealistic. >> remarkable, anthony, that so many people, just like you, going abouture daily chores or whatever, mom making dinner, it was in every way a normal day until the moment it wasn't. >> oh, yeah, absolutely. >> i wonder how much of the warnings you had heard? >> we heard the sirens and thought it would be a small storm, no big deal. i grew up in washington most of my life, 16 years, and never have we seen anything like this. >> anthony corey, 21-year-old who prayed as he shot the twister out the window. anthony, good glad you and yours are well and the best to your neighbors. breaking news right now. the city council in toronto has just begun debating a measure that would strip its crack-smoke

mayor of most of his powers. analysts say the measure would make rob ford the mayor in name only. rob ford himself is calling this a coup. we call him north america's mayor. he refused to step down, and the city council cannot force him to resign, yesterday mayor ford showed up at a football game. even of the the commissioner of the canadian football league suggested he wasn't welcome there folks gathered for photographs while some fans of the opposing team mocked the mayor. meantime, he assured our john roberts he is not an addict and just made some mistakes. >> i'm dealing with it other. imtraining every day. i'm in a gym two hours every day. i'm seeking professional help. i'm not an alcoholic. i'm not a drug addict. have i had my outburstness the past? absolutely, i have, john, but i'm only human. i've made mistakes. i've apologized. that's all i can do. >> the mayor says also that some day he wants to be canada's prime minister.

toronto's own john roberts is live with us. you spoke to mayor ford while he was on his new show set, "the ford nation" set to air tonight. what did the mayor tell you? >> he told me a whole lot. one thing we can tell you about the city council meeting, getting crazy up in toronto. the speaker of the city council had to clear the chamber of the public just a little while ago. so a lot of hot debate back and forth over that. one takeaway from my exclusive interview with rob ford yesterday, is here's a guy who demonstrates a level of confidence some people might call unbridled ego that few politicians possess. he is in a pickle that would have sent most officials -- spoke about running for higher office. still a lot of question about his fitness for office. one of his allies on council wants rob ford to bring in a letter from this doctor saying he is okay, and ford won't say

whether he is getting treatment for substance abuse. >> i don't call it substance abuse because i'm not an addict or an alcoholic. we have health issues here. my weight is a huge issue, and have i drank in excess? absolutely. but to say you have an addiction, no. the professionals have said, no you don't have an addiction. >> that's the mayor speaking with john roberts over the weekend. we've seen lots of video with him in the suburbs of toronto. that is how he got elected, in the suburbs. i wonder if the might have enough support to elect him. >> the inner city of there getting closer to the city core, the voters get elite. very expensive neighborhoods close to the center. the collar suburbs, poor neighborhoods, and that's where he has a deep well of support

despite these problems, and yesterday at the football game, there were a lot of cat calls and a lot of supporterrers, and he said he had a lot of people telling him to hang in there. >> i went out for dinner last night. took me four hours to get out of the restaurant but a people wanted to take pictures withme, come up, say, i've not your support. they said you keep going. people say to me, i have never voted in my life but i'm telling you now on october 27th i'm voting. >> the election campaign doesn't kick off until january 2nd but already rob ford is trying to turn this interest a political battle between himself, the person he calls a right-wing fiscal conservative, and members of city council who we refers to as, quote, tax and spend socialists. getting ugly out there, shep. >> certainly appears.

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breaking news. awaiting for the toronto city council to vote on stripping mayor rob ford of most of his

powers as mayor. we're getting a preview of his tv show, "ford nation." set to premiere tonight on a canadian television network. one clip he talks about drug tests and a challenge for other city lawmakers. >> i'll do a drug and alcohol test right now, and i put a motion forward that every council member do it, too. they jumped up. they don't want anything to do with it. they said there's no drink throughout. >> more on that in a moment, including how mayor ford says he ills not a rat. first let's bring in kennedy, a former mtv host. it's a mess. >> such a mess. there's so many layers the story and that's why people are so engaged and entertained. americans are saying, at least he's not my mayor. but they can't wait to see what he says or does next. it's interesting because the crack threshold has lowered. it's almost like people are more accepting of his admitted

illegal drug use than him throwing the p-word around. >> he had a news conference last week, we can't show it or talk about it. it's so vial. but it was to bunch of open microphones and you wonder where he is going next. sounds like he is threatening to throw a leaders under the bus. >> he already warned of pending scandals and you just know this kind of flameout doesn't end well, and on that level, it's actually really sad. here's someone who is obviously addicted to the food and the booze and he is hitting the gym two hours a day, says he dried out. that's not enough. the guy has to go away. if he wants to have a political future in canada, he said this weekend he wants to be prime minister, that may be probable but he has to totally go away. >> even canada, don't know if canada can happen a crack smoke-smoke -- crack

smoking-prime minister. >> crack-smoking mayor is fine, but crack-smoking prime minister, that's where the line is drawn. >> can't recall someone unless they commit a felony. >> he has to go through the judicial process on the crack charge. if really wants to stay empowered, four every power that they strip him off, he should take off an item of clothing. >> let's hope that doesn't happen. >> that's the only way -- >> he is calling it a coup and says he is going to sue them, saying you can't take these powers away. i didn't get elected by you. the people elected me. >> and also threatening to sue former staff members who have gone though the police and informing them about hit drunk driving and drug exploits and drunk in office. the point is, all of these political situations are incredibly charged, and he is giving them a gift. he is throwing kerosene on the fire everytime one of these new revelations come out, and everytime he opens his mouth or shows up to an argonaut's game.

>> from the file of everything comes back, zimmerman im, have you seen this? >> no. >> he is back and has been arrested again in central florida. there's his mug shot. and the arrest report now. and according to the report, the arrest report, zimmerman's girlfriend accuses him of domestic violence. we are led to believe by the court documents he will stay in jail overnight, at least until his first court hearing tomorrow. in fact, the mug shot as released says this man is not eligible for bail, at least at this moment. you remember i why we know of ts george zimmerman. in july he was found not guilty of measuring trayvon martin. steve harry began is live in our florida news room. zimmerman, walk back, welcome back to the exact same courthouse where this began in 2012. this new broke two hours ago. george zimmerman arrested on charges perhaps of domestic violence, a call being made, according to his brother, by his

current girlfriend, known as sam. it might be samantha, a woman he has been seen with lately. zimmerman's wife has filed for divorce previously, and this is not the first run- in with the law since being acquitted of murder charms of trayvon martin. the sixth time he has had a run-in with the police. twice for speeding, opposite for having windows tinted too dark. once accused of stealing furniture by his mother-in-law and in a domestic dispute with his estranged wife where she accused him of brandishing a gun, and now an accusation of domestic violence against his girlfriend. and we are going to see george zimmerman in the very same courthouse tomorrow, 1:30 p.m. >> sounds like what happened is she has told police she is

pregnant. we can't verify that. but in florida, if you are pregnant and you are assaulted by somebody, that somebody has committed a felony. >> that's right. that's a felony assault. and so he is in jail where this all began, and really blowing up on twitter, blowing up on the media. a lot of people tremendously interested on this after the fire storm of media that happened last time when he was accused of murder of a 17-year-old unarmed black male, trayvon martin, and then acquitted. remember, he stayed out of jail for six weeks based on florida's stand stand your ground law, and now back in jail again, and be before the judge tomorrow. >> earlier today the dow did something it's never done. it hit 16,000. first time in history. it's down a little bit from there we'll ask jerry -- jerri willis ex-why that's matters and is it time to get out? (announcer) at scottrade, our clients trade and invest

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>> breaking news and video as police officers in arlington, massachusetts, found two adults and two infants in an arlington home this afternoon, all four of them died. a child caretaker of some sort asked the ofs to check in on a family. we don't know why. they're about to hold a news conference. we'll let you know what happened and where -- we don't have anything to indicate there's anybody on the loose right out in, but if that is the case we'll let you know right if a. have you checked your 401k or ira? today the dow crossed the 16,000 mark, but during the last hour it has started to slide a bit. the dow is still -- well, i said still up because seconds ago it

was. it no longer is. down less than a point. it's had a big day, and this is a trend now. i think it's been up 3,000-points in the last eight months. jerryi willis is with us. the dow hit 15,000 in may. now 16,000. that's fast. >> it is fast and small investorses are not just dipping their toe, they're dipping their foot. lots of movement into these markets here. the dow on fire as you say. we had seven consecutive record closes this month alone. the trend continues. the s&p new highs, nasdaq, new highs. good news across the board. the only negative talk it, is it a bubble? gone too far too fast, some saying we could be overvalued here. everybody is looking for a crack. >> corporate earnings are up but that's because of downsizing and

stimulus in there still a lot of unemployment. on the surface it's hard to figure out what this is. >> the critics say, it's the fed reserve pumping money into the economy, but remember that stocks -- they go up when you least expect and it that's what happened here. and lots of question we'll talk about tonight on my show, a debate between a bull and a bear, gift the real story on what it going on. >> when 34 billion from small investors hit the market, the number goes up. >> it helps a lot, and the big question for small investors, are they too late to the party? >> usually are. maybe not. fingers crossed. you want it up. >> i do. >> see you this afternoon at 5:00 eastern. >> yes. >> 4:00 in oxford. on the fox business network. >> thank you, sir. >> a potential break in the case of the airplane passenger who cops say plummeted into the waters off florida, happened in this hour last week. investigators may have found his

remains. the trial for two men accused of hacking to death a british zoning -- soldier on the streets of london. it was awful. and we're waiting for breaking news out of ontario and out of massachusetts. a busy monday on the news deck.

the fox report now. more headlines from the fox news deck. two suspects on trial for the brutal murder of an offdo it british soldier in london you may remember the graphic video that showed a man waving a bloody knife and a meat cleaver after the attack in may. police say the suspects hit. lee rigby with a car, then hacked him to death. a senior administration official says the president will meet with lawmakers tomorrow to discuss negotiations with iran over that country's nuclear program. today the iranians unveil a new

drone of their own. they say it's their biggest combat surveillance drone yet. capable of flying across much of the middle east, including israel. airlifting animal. a rescue groups flew puppies from pittsburgh to virginia after volunteers asked for help to find new homes. >> breaking news on the toronto mayor rob ford. we'll have that for you coming up. for all day relief. so i should give up my two aleve for more pills with advil? you're joking right? for my back pain, i want my aleve. [ female announcer ] at 100 calories, not all food choices add up. some are giant. some not so giant. when managing your weight, bigger is always better. ♪ ho ho ho ♪ green giant we pull our seafood from the best waters on earth... like the cold alaskan seas. it's the cleanes clearest water. a haven for crab. [ male announcer ] and the unspoiled cst of maine. maine lobster is the tastiest, the sweetest.

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>> the misery across the midwest. the national weather service reports dozen of tornadoes touched down yesterday. we normally expect this type of storm the springtime but seems this late season twister caught people offguard. in chicago, the officials had to clear the stands at soldier field in michigan, an amtrak train crashed into a tree that had fallen on to the tracks. that train continued after a delay, only to come up on another tree on the tracks.

passengers ultimately had to take buses, but those headaches are nothing compared to heartache of hundreds of families looking for anything to save from the junk pile that used to be their homes. janice dean is in the fox extreme weather center. >> we see tornadoes in november, being from mississippi, tornadoes in november happen. we have a primary season, the springtime, but we have a bump in the fall that typically happens in november. so if you look at the average tornadoes per month, april, may, june, july, and then we have that little bump, that uptick in november. so they happen. this one will go down as one of the top five november outbreaks, but if you look back in history, since 1950, we have had over 2 hundred november tornadoes, and 250 people have been killed. the deadliest was in november of '05. i remember actually covering this outbreak with you, shepard, on air, and an f3 went through

evanston, indiana. and the most tornadoes we have seen in november was in 2004 when we had 164 reported. so it happens. >> the extremely violent storms here, high winds. >> yeah, absolutely. that was one of the ingredients with this storm system. it was a classic setup. what we would typically see in the springtime. low pressure that originated out of the rockies, brought a foot of snow. then the cold dry air from canada, and that warm moist air from the south at the surface that gave us the potential for not only twisters but we saw over 500 reports of wind and 40 reports of hail, and our hearts and prayer goes out to those in illinois and indiana that-under really going to remember this outbreak for years to come. >> how could they not? janice, thanks so much. the obamacare web site will be a success when 80% of users can

enroll online. that's according to the "washington post" quoting government officials. 26,000 people managed to buy insurance on the federal site in the month of october. meantime, former white house spokesman said again today the president should fire somebody over that disastrous rollout. >> i think they're going to have to hold somebody accountable for the botched rollout and the webs not working, somebody at hhs or a group of people. >> somebody should lose their job. >> i think if this were to happen in the private sector somebody would have already lost their job. >> kathleen sebelius said the webs should work smoothly for the vast majority of users by the end of this month. peter is covering is for us and is live in washington. how long until healthcare.gov can handle more than 80%? >> possible it's always going to be like that. the white house said in the last hour that two out of every ten consumers who are interested in ebb -- enrolling won't be able

to use healthcare.gov to sign up or won't want to. >> as hard as we work -- and we are working and continue to work on improving the web site and its functionality, it has always been the case we need to make sure that there are other avenues for people with complex situations or people who would rather not perform this kind of purchase online. >> reporter: the white house says nobody should worry if only 80% of consumers can access healthcare.gov because the other 20% can apply over the phone or in person. >> let's back up to before this computer actually got up and running. there were some red flags in congress they're investigating this. anything new? >> we got our hands on e-mails that show back in the summer, several of the government officials in charge of the site's rollout were e-mailing each other frantically about very specific problems that were popping up, and on julyle, man

named jeff grant from the centers for medicare and medicaid services wrote this, quote: we believe our entire build is in jeopardy. i think weed in to consider which items in our build will not get done if we don't get substantially greater staffing level. more than a week later on july 16th, another official wrote, quote: i need to feel more confident they're not going to crash the plane at takeoff regardless of price. that official, henry chow, is going to testify before the house energy and commerce committee tomorrow. his prepared remarks, which we have seen, indicate that he is going to stay in line with the white house and only promise that healthcare.gov will work for a vast majority of user, not everybody, when the feds hit their self-imposed deadline to fix the site 12 days from today. >> peter, thanks a lot. another bullying controversy on which to report. this is regarding a football team. this new case is out of rutgers

university. are there really more cases of bullying nowdays or hearing more about it because of phones and -- i don't know what.

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>> police in miami say they believe they found the body of the man who apparently dropped out of a plane last week. we were covering the search live on thursday. the feds say the pilot of the small plane radioed, may day, may day, and claimed the door was ajar and that the passenger had fallen out. investigators say they did find a body in nearby swamp land on saturday. they say it is likely the body of the passenger, 42-year-old man from key biscayne. police say they're waiting for the medical examiner to confirm it, as is normal. they do not know whether the fall was an accident. >> amid the miami dolphins bullying drama, the rutgers university football team is facing another controversy of its own. here's the back story.

the family of a former player, tyree, is now demands on outside investigation after tyree claims the team's defensive coordinator got in his face and threatened to head butt him. head butt a player. tyree quit the team and says this happened during a study hall session in the spring. rutgers university officials say the coach, who is right here, apologized to tyree but that he did not physically threaten him. they say the team's head coach repry mannedded cohen the next day. this happened the same month that rutgers fired its head basketball coach, right there coach mike rice. who can forget the video showing rice kicking players and throwing the basketball at them and cursing and using slurs. the school athletic director has resign. rutgers has dealt with other

scandals. one jumped off the bridge and killed himself after his roommate said he recorded him with another man in his tomorrow room. rick has the news from rutgers university in new jersey. why did it take seven months for this to come to light? >> according to javon tyree, the attitude toward him changed over time, after we reported this alleged bullying incident. he said over time he felt ostracized and got less reps and excluded from team meet examination wasn't getting playing time. and he quit after the scarlet nights played temple on november 2nd. there were numerous injuries to defensive back but the head coach played a wide receiver instead of tyree. >> every decision we make in our program, regardless of the position or player, is based on

who gives us the best opportunity to win. >> but you played a wide receiver instead of a corner back, and that was the last straw for him. >> every position on our team, every game, we put the players on the field we think give us the best chance to win. >> reporter: as for the defensive coordinator, he would only say dave cohen is still the defensive coordinator and this is a distraction. >> the family is not buying the rutgers story. >> the father says he went to the new athletic director before the season started to discuss this issue. he said the athletic director spoke to coach flood, who spoke to the family, and apparently javon tyree was reassured and decided to stick with the team. but then things didn't work out. >> whether or not he was going to play, that's the coach's call. but to be able to be abusive and put him through a lot of things that are unnecessary, that's our complaint. >> the family says it doesn't plan a lawsuit. it just wanted rutgers to honor

javon's scholarship and allow him to transfer after next spring if he wants to, and, shep, rutgers says in an update it will honor his scholarship through the spring and will allow him to transfer if he wants. >> rick, thank you. this one of several high profile bullying incidents. among most disturb case was that of the 12-year-old florida girl who killed herself. investigators accused two other girls of contributing to her death by bullying her. it's unclear whether this is something that is happening more often or whether we're just hearing more about it. >> i don't think one can give you a good answer yet about what the trend is. >> that's because there's no standard definition of bullying. and most research relies on students to report it themselves. >> interestingly enough, that underreports the amount. if you got somebody to report on their own being bullied, that people are ashamed of being

bullied. >> federal health officials say there's growing awareness of the problem of bullying, which leads some to believe bullying is increasing. hough, studies suggest that rates of bullying may be declining. >> you can look at statistics that mights be interpreted that way but the fact remains this is the most common serious problem of the school age child. >> a quarter of high school and middle school students 28% say they've have been bull yesterday. 6% say they have experienced cyberbully can. numbers don't matter much to those who deal with it daily. >> he tried to commit suicide. he felt isolate, no friends, no one to turn to. >> tawnya is raising awareness after her son, jake, faced intense has -- harassment at his school. and with the rise of social media, there's no question bullying is a probable. >> kids feel as if they don't have a way to move on.

it doesn't escape them. it's not in school anymore. it's all over. >> really is, and researchers point out the vast majority of bullied student does not hurt himselfs. >> a u.s. army officer facing serious charges now but says the dna evidence did not come from him. the suspect claims his twin brother is to blame. blaming your brother for the crime for which you're accused. new video coming in that shows toronto's crack-smoking mayor, knocking over a toronto city council woman. not yesterday. but in the last few minutes. that is as a screaming match erupted during aviette to strip the crack-smoking mayor of his power. what else can happen in toronto? that's right after this. ♪

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just in, the crack-smoking mayor of toronto has just done it again. not smoked crack but put himself in a bad position. mayor rob ford -- a bad thing just happen. the mayor just got into a screaming match right in the middle of a city hall meeting, of a city council meeting, with his -- with everybody in there. he ended up running and knocking over a fellow council member or council woman who was voting to strip him of his powers. listen to this. >> yes, so we have some angry things going on -- >> watch here. >> you attacked -- the mayor -- [shouting] >> another counselor went after and grabbed her.

>> not sure about the grabbing part but we know he ran over that way. here it comes again. watch this. >> we have some angry exchanges going on. the mayor -- the mayor -- >> ladies is like, whoa, mr. mayor. no crack pipe under there. what are you doing? i don't know about the whole grabbing part. certainly moved her. see the right hand there under the green jacket there? she got moved over. he is a force, that's for sure. he moved her. and a second ago he apologized, he stood back up there at this council meeting -- admitted he smokes crack but doesn't want to -- or smoked crack. doesn't want to leave this job and their stripping him of his powers and it's a real show there in toronto city hall. you might call the evil twin

defense, this next story. a deck rated army officer accused over sexually assaulting young girls and he is now blaming his identical twin brother for the attack. here's a picture of the suspect. army officials had once awarded him the bronze star. but prosecutors in the state of colorado say he is a sexual predator who roams towns near the military base, trying to abduct not one but several different young girls. investigators say the dna from these cases linked him to unsolved attacks in two other states as well. and his attorneys are now claiming this. the dna did not come from this man but came from this map's twin brother who lived in both states. the judge said it would be inappropriate not to allow the so-called twin defense. the brother is not currently facing any charges at all. he is not a suspect of anything. we're not sure if the prosecutors even ever considered him a suspect. we believe they didn't. the experts say identical twins

share the same dna but different fingerprints. let's bring it to a lawyer. it sounds like what happened is this guy, the authorities believe they caught him red-handed, and with his dna there, and he goes, yeah, but my brother has the same dna. my brother must have opportunity it. >> it's a dream defense. this is a criminal defense attorney's dream. because you have someone else to blame and you have dna to back that up and also probably got some photo identification if they look the same you have an identification issue. so you have so much you can put forward as a defense. now, the state is allowed to -- the state has to rebut whatever the defense puts forward. so, any reasonable defense the defense can put forward and the state has to actually prove and disprove that defense beyond a reasonable doubt. so they've got their work cut out for them. >> these are assault case that rely largely on dna and whatever the victim or alleged victim in these cases, might have seen.

that doesn't help. >> it does not. does not help the state. and what the state may do is bring the brother forward at feel and the brother has to essentially either fall on his own sword or help the state convict his own brother. i didn't do this. it's going to be a credible issue. >> sounds like what they're trying to get is any scintilla of reasonable doubt for the jury. >> right. if you are a juror on that jury, that is reasonable doubt. if you have dna evidence that is showing that someone else could have committed these crimes, the state is going to have a very hard time overcoming that. >> a fingerprint would be helpful but for now does not exist. >> right. a fingerprint. and if you think about it, maybe surveillance video or eye witness i.d. that not going do work. >> ashley, thank you a lot. >> attention fellow candy crush addicts. the app just hit a new milestone

and now there's going to be a new twist to the candy crush sa gavel don't go changing began can i crush.

the addiction is clearly growing. not mayor ford. but candy crush. now reached 500 million downloads and while that may be impressive number, candy crush has a long way to go to compete with angry birds. fans will have more reasons to download the game, including an exciting new twist in the coming months. what kind of twist? i don't have any idea but there's an exciting new twist coming, probably in hopes you'll play more. the first step to realizing you have a problem, is realizing you have a problem. the dow, eh, it was way up

earlier. it crossed over the 16,000 mark for the first time in the history of numbers. cavuto will have context, perspective, and whatever else he can think of. when news breaks out, we'll break in. see you then. other. on the marks to 16,000, then someone got in the way. welcome everybody, i'm neil cavuto and this is "your world." so close on a day when dow was flirting with sweet 16 and staying over sweet 16 and reverses course. a billionaire investor, karl icon, warning we could be on the verge of a big stock market drop. and ben willis is here on where we go. and whether the average investor is feeling richer here, and dave in denveron