>> i want to show you a picture from our holiday party from the real story the other night. it takes a team to put this "real story" together. and thank you for being part of the real store, now here's shep. >> manhunt underway after a horrific scene at a mall, packed with holiday shoppers. cops say a carjacker shot man in the head while his wife was standing right there. cops found the storm range rove er but the kills are on the loose. >> veterans who served our country now sleeping on the street, but a group of college student is working to raise awareness and money for those homeless veterans. now newest correspondent is a veteran he was and makes her debut on "shepard smith reporting" today. she recall have the inspiring story. >> good monday afternoon to you and yours. live from the fox news deck this

afternoon. newly released interrogation video shows investigators early on had questioned the story of the bride in montana who finally said she pushed her husband off a cliff just eight days after their wedding. the video shows the wife lying to detectives two days after her husband went missing. at first she claims heed gone driving with friends. and that she didn't know where he was. that is when the investigator in that video confronted the wife about what he called inconsistencies in her story. being 100%w i'm getting the honest with me. >> i'm telling you what i know. >> well, i understand that. okay. but i think there's more. >> like what? >> that's what i need you to tell me. >> i don't know anything more, his whereabouts or anything. >> but she did. last week the wife agreed to plead guilty to murder in the second degree.

after she initially pleaded not guilty to first degree murder. prosecutors said she had deliberately killed her husband, pushed him face-first off a cliff in july at glacier national park. trace gallagher is working the details. everytime she talked to investigators her story changed. >> she spoke with local cops at least twice, and then the fbi at least once, and it was four days after her husband had disappeared. she is the one that led those search teams out to glacier national park to locate the body and says the only reason she went to work is that is the area he used to like to hike in. listen to her explain why she never notified authorities her husband disappeared. >> why did you not contact law enforcement? >> i didn't know that dish thought he -- i didn't know he wasn't going to show up for work, and then cameron called me about 5:00 -- he called the cops

and said -- he told me just to stay out of it. >> he said he would call -- jerk that's what he told me. >> so, the husband disappears and the wife agrees just to stay out of it. clear why the cops were very suspicious of her story, shep. >> this wife just trying to keep convincing investigators that their marriage was going just fine. >> despite friends saying that she was having second thoughts about the marriage, in interview after interview she kept saying, look, yes, we argued but we only argue over small things like this. listen. >> just got married last saturday. >> okay. >> we had gotten into an argument probably during the week. saying something -- he called it hodge's syndrome and i was trying to -- i can't handle it when people pronounce things wrong, and so i corrected him.

>> then finely nine days after he disappeared she told investigators they went to the park and got in a heated argument and she said, he went to grab my arm and my jacket and i said, no, i'm not going to let this happen this time. i'm going to defend myself, so i left go and i push, and he went over, and then i took off and i went home. she could face up to life in prison, shep, about the sentencing guidelines say she is more likely to face between 19 and 25 years. >> trace gallagher, live in los angeles, thank you. a huge manhunt is underway right now here in the northeast after investigators say some robbers shot a man dead outside a very nice shopping mall, and it happened just as the victim's wife watched. police tell us it happened last night in the upscale town of short hills, about ten miles from newark, new jersey. the mall had been open later than normal for christmas shoppers. cops say two men ambushed the

couple in a parking garage and demanded the couple's range rover. police say when the husband resisted, the gunman shot him in the head and made off with the vehicle, which turn up today in new newark, new jersey, but no sign of the killer. david lee miller is live at the mall in new jersey. what do we know about this victim? >> reporter: a short time ago authorities identified the victim as 30-year-old dustin freedland. an attorney working for a family business, lived in hoboken, new jersey, taken to a hospital after the shooting and died shortly before midnight. we talked with a mall employee a short time ago, who heard the whole thing happen. listen. >> i just heard, as i was getting into the car, from above me, loud bang, and all of a sudden a woman screaming very loud. >> how many shots did you hear? >> two.

>> and then what happened? >> i got in my car and i tried to see what was going on but i could not -- did not want to get closer. >> there are surveillance cameras in police at the small mall and the parking garage not sure what they recorded of the incident. authorities are now offering a $10,000 reward for information leading to the arrest and capture of the two suspects in this case. at this hour, that manhunt continues. >> david lee miller was in new jersey. get something new insight into the deadly wildfire in arizona that killed 19 elite firefighters over the summer. officials now released audio recordings from the moment the fire closed in. a camera mounted to one firefighter's helmet captured it all. listen here.

>> investigators say some of the bids of the firefighters turn inside the shelters. according to officials these new released audio recordings reveal there were serious communication issues between the firefighters and the command center. the so-called yarnell fire was the sixth deadliest american firefighter disaster on record and the deadliest in the state of arizona.

>> some college students are working together to help u.s. military veteran whose have fallen on hard times. the students are spending time in a freezing cold to try to raise cash and awareness. how you can help right now without even leaving your living room.

as most college students head home for christmas break, some are focusing on folks who don't have any home at all.

the students are braving chicago's bitter cold for a good cause, spending 24 hours outside to try to raise money for homeless vets. government figures indicate some 50,000 veterans are sleeping in streets for shelters on any given night. students in chicago say they hope to help by putting themselves in the veterans' shoes. we have a live feed from their location. this is in chicago, where they've all gathered to sleep in this area. doesn't look like much going on at the moment because they're all out working try to raise money, handing our fliers. the forecast high today for chi-town, 21 degrees. the students will stay in the park even as the temperatures plunge into the teams. leah is joining us on the news deck, welcome. >> thank you, shep. >> these are some clearly motivated students. >> they sure. the student organizer served four years the marine corps and he considers the other veterans.

no better way to empathize them than to go through the very same thing. this is the student veteran society of columbia college chicago. they started camping out two hours ago. the point is to bring attention to the broader issue of homeless veterans. for the veteran leading the charge it's personal. >> in a sense we're all family, and to even think about having one of my brothers in my unit on the streets, keep it even deal with that. >> now, these students are raising money for chicago shelter, which currently houses 15 homeless veterans. washington tells me he had a difficult transition out of the marine corps in 2010. he lost his home in february due to alcohol problems and post traumatic stress disorder. >> i believe the transition coming back, they don't know how to transition coming back. so i can't speak for the older guys, but i know for the younger guys the transition coming back is tough. >> washington told me he has been getting help since june, and tonight he'll be sleeping outside with the students.

this time by choice. >> i bet a lot of our viewers would be surprised to learn how serious a problem homelessness is for our vets. >> not as big as it used to be because a lot of organizations have been stepping in to help. look at the last five years. you can see from this graph that there has been a decline. on a singing night in 2010 a report by the federal government found more than 76,000 veterans were living in shelters or on the streets. the number this year dropped to just under 58,000. veterans still do represent a higher proportion of those who are homeless. they account for 12% of homeless adults while making up less than nine% of the total u.s. adult population. >> they certainly have a psychological and emotional problems also as a result of the prolonged wars we have been involved in. so, the situation they've been facing has been pretty challenging. >> now, the money raised from tonight's sleepout will support not only housing for homeless veterans and also programs to help them get back on their

feet, job training and placement, some it's going to be cold in chicago tonight, and i hear that a fox weather -- the fox weather center is reporting there's even snow in the forecast. >> snow and teens. going to be rough one out there. lea. you can donate to the cause. what better group to help out. the foxnews.com slash shep. lea served 12 years in the united states navy. pictures on the rib been here. here enoughly graduate from the naval academy, and here at the front of the group leading the sixth battalion during the parade. became a navy fighter pilot, and deployed to the persian goal. she flew missions in afghanistan and iraq, and this is from her cockpit. i visited one.

>> i bet youland backwards in a what is that experience like know what it's like to land on it. >> to be piloting you're very focused. watching this video it seems very calm, cool, collected. but there's so many things going on at once. you're moving towards the ship at 1 0-mile-per-hour and you have a three-put window you have to put your head through. it's challenging. >> the ship is moving. we have some audio as lea as she came in on an emergency landing ones. listen. what happened there? >> i was coming into land, gear and flaps down, and then my right engine blew up on me. so what i basically had to do is get myself aviating, navigating, communicating, getting to the controls, go through the emergency procedures and theyland everyone else first in case i fouled the flight dynamic. that looks calm, cool can

collected, i tried to sound that way but it was a serious emergency. >> in case you fouled the flight deck. we would say in case you crashed. >> that's a better way to put it. >> we're glad you didn't. lea deployed with special operations team in afghanistan and is the newest member of the fox news reporting team and she'll be working for "shepard smith reporting." welcome. >> it's an honor to be here. >> great to have you. she has been around a couple weeks, getting used to the surrounding and learning where the restrooms and are where to get the food. so you'll see a lot of lea. >> a lot of americans willing to open their wallets for our nation's veterans, but the founder of one so-called charity is going from rubbing elbows with our nation's leaders straight to prison. 100 million scam, and his bizarre defense coming right up. [ woman 1 ] why do i cook? to share with family.

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the man who investigators say master mined a $100 million charity come is going to prison for decades. prosecutors say he fooled donors into thinking their money would go to veterans of the u.s. military. a judge in ohio sentenced the guy to 28 years behind bars. and ordered hem to pay a fine of more than $6 million. investigators say his real name is john donald cody, but he operated under the phony name, commissioner bobby thompson, and organized the bogus charity the u.s. navy veteran association. he himself had donated to several major republican campaigns and got pictures with high-profile g.o.p. figures, including former president george w. bush. cody had been on the run for more than two years. when u.s. marshals arrested him

in oregon last year. authorities uncovered fake i.d.es and a suitcase with nearly a million dollars in cash. that's just a fraction of the 100 mental that -- $100 million that went missing. defense attorneys claim it was part of a secret cia operation and suggested he acted with government approval. we have a criminal defense attorney here and former prosecutor. that wasn't true at all. >> that wasn't true at all. and he attempted to put forward that defense, and the end of the day we see how that fell flat, where cody declined to testify and his attorney even declined to make a closing statement. >> were you surprised by way this came down, 28 years behind bars bars bar and $99 million missing. >> that why the long jail time. taxpayers and donors will never see theman again. so someone like this is behind

bars and scamming people to donate money to give to needy veterans. >> there is a way to find out who is ledge jet and who is not before you give them money. >> it's difficult. anyone can start a nonprofit organization and tell people we are innerving these moneys and it's not happening. you just have to do your own due diligence and look into the organization and hopefully find one that has some type of reputation in the community of giving back. courtroom observes said the prosecutors did a hell of a job pinning this down. he wasn't going to testify and is lawyer made all crimes of claims. >> right. claims they couldn't prove. the prosecution built up their case with the witnesses, even telemarketers this man used to attempt to get money from other people. so they had a steel tight case against hem. the defense is going to appeal but they don't have much. >> people who gave money to this charity or others that turn out

no tot be aharity do you have legal recourse as an individual? >> you can attempt to seek an attorney's advice to put together a class action if there's another people to come together to fight against an organization. just like in this situation, the real issue is, will you ever get the money back? you can file a lawsuit but the problem is, even if you get a judgment again a scammer, will you ever get your money back in i don't think that's going to be the case here. >> you can't get blood from a turnip, and right now he is very turnippesque. >> over time i'm assuming they'll look for money, and if they get it back, will it be possible to return it -- >> definitely they can redistribute the money. even the money in the suitcase they're going to take a portion govern out to actual charities and or proper veterans. >> i hope shot good to see you. >> good to see you, shep. >> we just learned of a major court decision against an

national security agency. the nsa. the one that insisted last night on television it is doing everything it can for us and not taking our phone calls. well, ahead, what this brand new decision against the nsa means for some spy programs, and the white house responds to the idea of offering a deal to the leaker, edward snowden. plus, stocks have been soaring to record highs lately. there's a new poll that shows a lot of us americans have low expectations for the new year. we'll talk about how you can protect your finances, which, if you hooked on to an s&p index fund you have done very well over the last year. that's coming up on the fox news deck. people join angie's list for all kinds of reasons. block.

a fox report now. more headlines from the fox news deck. colorado's governor is asking for americans to pray for the student critically wounded in the friday shooting at arapaho high school. claire caved davis is now in a coma. the police say the gunman had a grudge against a staffer and ended up killing himself. >> amazon workers are planning to strike outside company headquarters in seattle. hundreds of staffers already on strike in germany, demanding higher wages. amazon executives claim they pay more than most retailers. the company reports it does not expect the strike to affect any holiday deliveries. >> louisiana has the worst drivers in the united states,

according to car insurance comparison.com. citing federal data. south carolina came in second, mississippi, texas, and alabama round out the top five. the report says the best drivers in vermont, new york, new hampshire, oregon. life with crohn's disease or ulcerative colitis is a daily game of "what if's". what if my abdominal pain and cramps end our night before it even starts? what if i eat the wrong thing? what if? what if i suddenly have to go? what if? but what if the most important question

is the one you're not asking? what if the underlying cause of your symptoms is damaging inflammation? for help getting the answers you need, talk to your doctor and visit crohnsandcolitisadvocates.com to connect with a patient advocate from abbvie for one-to-one support and education.

>> the interpreter who stood next to president obama in the nelson mandela memorial service. he now reportedly helped burn to death two many few years ago, according to the reporting of the "associated press." friends tell the ap the phony interpreter was among people who killed men in 2003 but setting on fires around people's neck. the interpreter called at it case of mob justice. the friends tell the ap he never win to the jail because at the

time south african officials decided he was nose memory fit to stand trial. instead he went to an institution for more than a year. last week the interpreter told the ap he has schizophrenia, he was hallucinating and saw angels during mandela's memorial service. the south african officials are investigating how he ended up on the stage. now the south africa unveiled a mandela statue in prierer publih pretoria, the unveiling comes after ten dives mourning for the former south africaian president who died at the age of 95. >> a huge decision against the nsa. a federal judge has ruled today that the program that collects american's phone records violates our constitution. specifically the ban on unreasonable searches. more on what that ruling means in a moment. the white house is dismissing

the idea of offering the nsa leaker ed snowed an diehl deal that would allow him to return to america and avoid criminal charges. >> our position has not changed on that matter. at all. and what i can tell you is that mr. snowden has been accused of leaking classified information, and he faces felony charges here in the united states. >> the head of an nsa task force told "60 minutes" last night that officials would consider a deal that would require snowden to return the documents he stole. >> my personal view is, yes, it's worth having a conversation about. we need assurances that the remainder of the data could be secured, and my bar for those assurances would be high. more than just an assertion on his part. >> but the head of the nsa says making a deal would bee a bad idea and letting ed snowden off the hook would encourage more

people to leave classified information. his attorney reported he has been hiding out in russia since june. what more did we learn from the judge's decision today? >> the suit was brought a week after the first nsa documents were leaked in june about the collection of americans' phone records and the judge issuing the opinion, fining the controversial nsa program answer to be in conflict with the fourth amendment, and the key paragraph reads in part, quote, plaintiffs have a very significant expectation of privacy. the nsa's bulk metta data program significantly intrudes on the expectation. i have significant doubts of the efficacy -- fancy word for efficiency -- of the meat a -- metadata program in cases of threat of terrorey. the judge, who was appointed under president george w. bush,

described the nsa program as increment nat and arbitrary invasion of privacy. the judge's ruling has been described as a significant legal setback for the nsa programs and went the last few minutes we had a response from the justice department saying they are reviewing the legal decision but there will be no immediate comment at this time upon it, shepard. >> do we know any specifics of what this means for the nsa surveillance programs? >> the judge writes there will be no met action, called a stay on the order because he expects the government to appeal. but the judge lays out a powerful case against the program, fighting the three connections rule which allows analysts to access the spider-web like reach of the phone numbers, with the judge offering as a hypothetical, a new york city resident tagged for review and one of the number his calls on a regular basis is domino's pizza, and under the three hop rule the nsa can now access all of the numbers connected to the domino's number over a five-year period, and the judge writes-the-scope of these

recordings can quickly exceed well over a million phone calls, and in the case of the domino's pizza example, it could easily be several million phone records that we're talking about. >> thank you. >> you're welcome. >> lots of americans seem to believe the stock market will fade in the new year. that's according to a new "associated press" and jfk poll. just last month the dow hit an all-time record high, breaking the 16,000 mark for the first time ever, and the s&p 500 is on track for its best greer a decade. analysts say it's thanks in part to higher corporates earnings and a slower economic recovery. 14% of people in the ap poll product the market will go up. 40% think it will stay where it now the same amount say the market will drop. analysts say low expectations like that could have a lot of americans looking for other places to put their movement keith joins us know, the ceo of

hedge i-risk manage and is a former hedge fund manager himself. good to see you. >> part of this is the fed making decision about how much money it keeps printing or whether it's going to keep propping things up, and people think it's probably going to slow the process down. >> i think it's kind of like popular belief that the people have this ongoing that wall street has this right. i side with the people on this. we're running out of gas what if the fed can do and the market is really tony. so an expectation for the mark to down, number one, nobody on wall street believes that, and so it's moe likely to happen, and all we need for fat to happen is growth slowing or the markets going down. the market actually hasn't gone down, which is typically what scares people. >> keith, we're seeing great numbers from factories, an expanding economy, all the markers are good, but that leaves the fed out of things. >> that's the problem. growth got to a level -- the

problem is it can flow from that level. u.s. economy right now is 3.6%, number one, can't really stay at 3.6%, and number two it's most likely going to go towards 2%. so as we slow the fed's going to get a little nervous, and people probably get nervous alongside that. >> for people with a little money in the market and don't want to lose it, what's the best suggestion of what to do now from your own opinion. >> i think you definitely in the next month -- again, in the information month the likelihood of the market going up is high. so if you're long in the market start selling, and there's some stuff that hasn't worked, like god, that you can re-invest. >> gold is still mighty high. >> yeah, yeah. the only other thing that has gone up for 12 consecutive years is my weight. and it was down 27% this year, so i do think it's interests.

>> bonds, municipal funds? >> it's a bond bubble so be careful. i prefer cash, selling stock that work and getting into things commodity related or gold related. >> if you don't want to grow it, leave it under the mattress. i suppose. keith, nice to see you. dramatic video shows the chaos following what activists describe as another government air strike in syria. [shouting] [ horns honking ] >> the report is this carnage happened today in syria's largest city, which has frequently been the scene of heavy fighting in the country's bloody civil war. no word yet anybody died. many activists say government helicopters dropped barrels packed with explosives on the city yesterday and killed more than 75 people. the unites nations reports more than 100,000 men, women and children have died in the country's civil war. the number of refugees in the

millions. fox news cannot independently confirm the numbers. >> next we'll break down what analysts call an historic legal victory for polygamists, and a washing from the food and drug administration about a kind of antibacterial hand soap that a lot of folks keep in their bathrooms. that warning and the rest of the day's news-right after this. ya know, with new fedex one rate you can fill that box and pay one flat rate. i didn't know the coal thing was real. it's very real... david rivera. rivera, david. [ male announcer ] fedex one rate. simple, flat rate shipping with the reliability of fedex. [ male announcer ] fedex one rate. so you can see like right here i can just...

you know, check my policy here, add a car, ah speak to customer service, check on a claim...you know, all with the ah, tap of my geico app. oh, that's so cool. well, i would disagree with you but, ah, that would make me a liar. no dude, you're on the jumbotron! whoa. ah...yeah, pretty much walked into that one. geico anywhere anytime. just a tap away on the geico app. of their type 2 diabetes with non-insulin victoza®. for a while, i took a pill to lower my blood sugar, but it didn't get me to my goal. so i asked my doctor about victoza®. he said victoza® is different than pills. victoza® is proven to lower blood sugar and a1c. it's taken once-a-day, any time, and comes in a pen. and the needle is thin. victoza® is not for weight loss, but it may help you lose some weight. victoza® is an injectable prescription medicine that may improve blood sugar in adultth type 2 diabetes

when used with diet and exercise. it is not recommended as the first medication to treat diabetes and should not be used in people with type 1 diabetes or diabetic ketoacidosis. victoza® has not been studied with mealtime insulin. victoza® is not insulin. do not take victoza® if you have a personal or family history of medullary thyroid cancer, multiple endocrine neoplasia syndrome type 2, or if you are allergic to victoza® or any of its ingredients. symptoms of a serious allergic reaction may include: swelling of face, lips, tongue, or throat, fainting or dizziness, very rapid heartbeat, problems breathing or swallowing, severe rash or itching. tell your doctor if you get a lump or swelling in your neck. serious side effects may happen in people who take victoza®, including inflammation of the pancreas (pancreatitis), which may be fatal. stop taking victoza® and call your doctor right away if you have signs of pancreatitis, such as severe pain that will not go away in your abdomen or from your abdomen to your back, with or without vomiting.

tell your doctor about all the medicines you take and if you have any medical conditions. taking victoza® with a sulfonylurea or insulin may cause low blood sugar. the most common side effects are nausea, diarrhea, and headache. some side effects can lead to dehydration, which may cause kidney problems. if your pill isn't giving you the control you need ask your doctor about non-insulin victoza®. it's covered by most health plans. >> we now know which athletes sports illustrated picked as the sportsman of the year but not every sports fan is on board. they picked peyton manning. his stats so far this season have been off the charts and he is right on track to break not one but two big nfl records. all started with a powerful season opener. week one, peyton manning, threw for 462 yards, seven touchdowns, and no picks, for the whole

game. first quarterback to throw seven touchdowns in a single game since 1969. that was c joe capp. he has 47 td's and thrown for 4800 plus yards and ten picks. on pace to bring tom brady's record. he could break the single passing yards from drew brees. two regular season games left for the broncos. critics are saying better choices might have been, might have been, the yankees' mariano rivera who capped off proply the best season ever for any closer in the history of baseball, not to mention the red sox, david ortiz, big papi had a big one for the world champions, the boston red sox. >> a major league victory for anybody in utah who is married to more than one person. a federal drug on friday struck down part of the state law that

bans polygamy. the case started when the star of the tlc reality series, sister wives, sued the state of utah. the man, cody brown, along with his four, count them, four wives. together they have 17 children. they claim utah's polygamy law violated their privacy right. the law passed around the time that utah became a state now. a judge ruled the phrase in the law that forbids cohabitation with another person violates the first amendment. now state lawyers -- state lawmakers are debating whether to appeal that decision. shannon, what is this opinion in reality mean for people in utah? >> well, shepard in response that lawsuit brought by the polygamist reality show, a federal judge in utah ruled that polygamy will no longer be criminalized in that state. now, stopping short of ruling that the polygamist families can

obtain multimel marriage licenses, the judge struck down the state's ban on religious cohabitation with multiple partners, victory the plaintiff's lead attorney says is no surprise. >> you look at the trend of the law, it has been towards greater protection of individual choices, to get the government out of homes and bedrooms, to prevent the majority from dictating the moral codes that everybody must live by. >> now we wait to see it state officials decide to appeal the ruling. >> what are critics saying about this? >> a number of conservative leaders and groups say based on recent opinions from the supreme court on sod my laws and the issue of same-sex marriage, they also are not surprised by this ruling. dr. russell moore of the egg thicks in religious liberty commission says this, quote: this is what happened when marriage becomes about the emotional and sexual wants of adults. sadly when marriage is elastic enough to mean anything in due time it comes to mean no maybe this case will end up at the

supreme court, too we'll keep an eye on it. >> shannon in washington good, to see you. antibacterial soap will not stop the spread of germs, and it could actually put you at risk. this is the new word from the fda fda which reports it's investigating the safety of chemicals in antibacterial soap and washes. fda officials say some chemicals can hurt hormone levels. there's no evidence that antibacterial soaps are better than any other soap. in other words, get rid of it, according to the fda. the agency proposed a new rule that forces companies to prove their products are safe and effective. more hoff the day's headlines. dennis rodman, set to return to north korea this week to reunite with i kim jong-un. this comes a few days after the north korean government claims it executed the leader's uncle for treason.

this marks rodman's third trip. he'll help train members of north korea's basketball team before the face off against other former nba stars next month. >> the state department reports it has closed the u.s. embassy in south sudan, amid reports of gunfire. the president said his military managed to stop an attempted coup and his former vice-president, whom he fired this year, was behind the plot. a political watch dog recently ranked south sudan as the fifth most corrupt name on the planet. , filmmakers of ave tar head -- avatar down under to film sequels in new zealand, producerses will spend $413 million there the company is 20th century fox, which is our parent company. this new zealand has famously served as the backdrop for lord

of the rings. >> here in the winter we have a winner for the columbiaest -- clumsy is statement we'll tell you how researchers figure out why people in some states are clumsier than people in other states and why you think it's a bunch of hooey. ♪ ♪ [ male announcer ] everyone deserves the gift of all day pain relief. this season, discover aleve. all day pain relief with just two pills.

more shopping. more dining out. and alo with it, more identity theft. by the time this holiday season is over, more than a million identities may be stolen. every time you pull out your wallet, shop online, or hit the road, you give thieves a chance to ruin your holiday. by the time you're done watching this, as many as 35 more identities may be stolen.

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♪ ♪ order now and get a special holiday gif-- a document shredder to keep sensitive documents out of the wrong hands. a $29 value free. ♪ ♪ because during the holidays, keeping your identity protected means keeping your family protected. >> the nags' capitol this clumsiest place in america. a study shows more people dropped or damaged their cell phones in washington, dc in the past year than anyone else in america per cap tamp the study comes from a company that sells protection plans for cell phones. the rest of the top five clumsiest places are states:

florida, jersey, and utah, the company estimates people damaged or destroyed some 17 million iphones this year. >> kennedy is the host of "the independents," a new fox show. clumsiest states. what do you make of that? >> you want to -- i'm not a conspiracy theorist, i'm a realist, but this is what i make of it. iphones in particular have gotten light and it's easy to throw them across the room. >> this is true, especially at children. >> i try keep mine bulky so they stay grounded. i was going to do a chevy chase bit where i dropped my phone but the protection plan was too expensive so i wasn't going to risk dropping my phone. >> they're easy to drop. >> 0 we're -- we're addicted to them. they're no longer perfectous to water damage. but the 5s is a delicate flower. if you cry near the thing it melts down and don't put it in

rice. that doesn't do any good. anybody who salvaged their phone by putting it in rice? >> my friend live in the real world. >> i'd like to know how many followfall into the toilet. i bet a lot of them. >> my daughter dropped a canon g10 into the toilet. >> when these came out, people put covers on them. >> now with the gold iphone 5s you don't want to put the cover on because then people don't know you have the brand new iphone s and the rare color no one can get. >> i wonder if that is part of the marketing strategy. the truth is they have 0 want us to break these. >> they make the protection plan -- when you shell out self hundred dollars for a cell phone and a case and a mac book air you don't want to spend the $250 on the protection plan, and then you get it wet, and if you get it wet, doesn't work and you have to buy a whole new phone.

>> if if you have the protection plan you have to pay money. >> don't feel bad, florida, because you're butter fingers. that the placed that produced george zimmerman and casey anthony. so they have a bunch of phone droppers there, of course. >> it's the hot down there. makes you sweat, hands sweat. >> that's right. felons and fugitives and people going to sea world. >> thank god for florida and texas. >> i know. >> kennedy, nice to see you. watch for your program 9:00 eastern time, 8:00 in oxford. on the fox business network. >> a sign of stronger glowing our economy, worker productivity has risen at its fastest pace in four years. the labor department says employee output rose at a 3% rate. expects say higher productivity allowed companies to pay their workers more without triggering more inflation. we'll be back. we have to be productive in this place.

just in to fox news channel. we have gotten statement from the family of karl pierson, the 18-year-old senior involved in a shooting at arapaho high school. the statement comes from his parents, barbara and mark per son and it reads: we're shattered by the tragic events that took place on friday at arapaho high school. our throughouts and players are with claire davis and her family. claire davis is the young girl who was shot in this school shoots who is in critical condition in the hospital, and officials say she is clinging to right. they write, they and she have suffered unmagically and we pray for her recovery and we pray for the entire community as we know your lives are forever changed by this horrific event. at parents we loved our son, karl, dearly, and we're devastated by what happened on

friday. we cannot begin, she writes, to understand why karl did what he did. we ask for privacy during this unthink blue difficult time and hope you will respect our need for time to grieve. we have gotten word -- well, on the day in the year 1773, a group of colonists described as indians boarded british ships and dumped boxes of tea into boston harbor. the rebellion protested a bill that gave one british company a near monopoly on the tea trade, which was enormous back then, and parliament's ongoing taxation without representation from colonies. it was all the talk of the day and an enormously symbolic moment. the brits fought back but the colonies brewed tea in boston

and its started 240 years ago today. >> take a look at the dow today. we have been reporting a lot on what has been happening. great manufacturing numbers, great job numbers, the unemployment rate has come down and companies are doing well. today we got the report that productivity is up to a four-year high. a lot of economists are saying, looking ahead, if the fed makes any changes, which it's possible it could do, the dow may take taken south, -- may take a turn south, but now it's all up. up 130 points on this session thus far. above 15,800 as the final bell rings. i'm shepard smith, breaking news changes everything and when news breaks out, we break in, see you when news happens. until then have a good afternoon. "your world" with neil cavuto starts now. >> now the president's healthcare law is making people sick. welcome, i'm stuart varney.

this is "your world." alarm bills for the president, not just people losing their healthcare plans, nearly half of those people with job-based or private health insurance say they're policies will be changing next year, mostly for the worse, and most people are blaming the president's healthcare law. they point to rising premiums and higher deductibles. what this all means for democrats facing tough mid-term elections, we'll cover that in a