these game do it. everybody there is happy until the end. everybody is tweeting from denver. favorite moment when the clock went to zero. congratulations to both teams. terrific year. well-done seattle. martha: we'll see you back here tomorrow. "happening now" starts right now. jenna: breaking news on today's top headlines and brand new stories you will see here first. jon: the keystone pipeline and what the president is waiting for before he agrees to go forward for the multibillion-dollar project even though a state department review finds no major environmental concerns. new theory about a missing woman. why other hen family says she may have left voluntarily. what that does to the investigation. a new study just how bad fast-food might really be for you. what it does to your body right after you eat it. it is all "happening now."

jenna: fast-food study a little hard to swallow to say after the super bowl, right? jon: yeah. jenna: not necessarily a day you eat a lot of healthy food. jon: no, the good was good but for me the game was not. jenna: we'll note go there. we'll keep moving. jon: i appreciate that. jenna: we'll be back i'm sure for that. meantime more trouble for obamacare as the president addresses the botched rollout and fallout. hope you're off to a great week, everybody, i'm jenna lee. jon: i'm jon scott. word today that a whole lot of americans are stuck in health care limbo. "the washington post" reports 22,000 folks who filed appeals through healthcare.gov have not been able to get mistakes fixed or even get their concerns addressed. this as the president admits to our own bill o'reilly there are problems with your his signature plan but he refuses to discuss whether health and human services secretary kathleen sebelius will lose her job. take a listen. >> last week there was an associated press poll of people who actually went to the website

and only 8% of them feel that it is working well, working well. why didn't you fire sebelius, the secretary in charge of this? because i mean she had no know after all those years and all that money it wasn't going to work? >> my main priority is making sure is delivers to the american people. >> you will not answer that. what we end up doing, we have three million people signed up so far. we're month behind where we anticipated we want to be. over 6 million people signed up for medicaid. >> yeah. >> we have three million young people under the age of 26 signed up on their parents plan some what we're constantly figure out how to improve it. how do we make sure that the folks who don't have health insurance can get health insurance and those underinsured are able to get better health insurance. >> i'm sure the intent is noble but i' taxpayer, and i'm paying sebelius's salary and she screwed up and you're not holding her accountable. >> i promise you we hold everybody up and down the line accountable. bill, when we're midstream, we want to make sure our main focus

how do we make this thing work so that people are able to sign up and that's what we've done. jon: joining us now, bob cusack, managing editor of "the hill." he says we hold people accountable up and down the line, but to my knowledge the only people that have been hired in this governor governor rollout are the computer firm, cgi that was initially responsible for building the website? >> yeah, that's right. sebelius in congressional testimony said, you know she took the blame but also at the same time blamed the federal contractor. obviously that contract was not renewed. that was right choice this is political problem for the president. the democrats said for years it is going to get popular, just wait. now that it is in effect, the numbers are still low. extremely frustrating for the white house as well as congressional democrats who once again could pay a price for obamacare as they did in 2010. may pay the price in 2014 this year's midterms. jon: this "washington post" story about the, the folks who

signed up for healthcare.gov, or thought they had signed up for healthcare.gov. then wind you with all kinds of problems there are 22,000 of them apparently who are in limbo who have been told to submit paper files, paper complaints about what has happened to their enrollment and the files are just sitting there in a government computer somewhere with no response. >> yeah, jon, once you think the website is getting better in the process of signing up a story like this comes out this is significant deal because it is just so much frustration whether you had a plan you liked and weren't able to keep it, this obamacare will have some winners and losers. some people will be very satisfied with the coverage they have, but losers will be louder. this also raises transparency. rather the administration had all the data who was signing up and not really releasing this late last year. now that the program is in effect real people's lives are being affected and they can't

control that. jon: right. they tell the story for instance in the post of a young woman, adie wilson, 27 years old, works in west virginia, works with at-risk families, makes less than $2,000 a month. signed up for obamacare, she is one of the people this program was designed to help and sheep says she is paying $100 amont more for it than she is supposed to be and her key duckable is also 4 how i thousand dollars too high but hasn't been able to fix it despite she had very expensive surgery. >> she needed gallbladder surgery. she had to sign up. she said sign up and appeal. then you have the broken appeals process. someone like that there will be other stories of people's lives. certainly when you have a health complications in your lives are at risk. these kind of stories will continue. it will be a battle for both sides. democrats bringing out people that like obamacare. you will have people here we don't know, the party affiliation but if it affects

you negatively, certainly that will affect how you vote. jon: yeah. and it seems, i mean the president still gave bill o'reilly full throated defense of obama care, we knew there would be glitches and so forth, seems like nobody at least in the federal government has lost a position, been demoted, been disciplined because of it? >> yeah. congressional republicans note that and they also note the irs scandal, a lot of heads didn't role there either. basically irs commissioner who was headed out the door was let go but overall that is frustration. from congressional democrats. there are democrats on capitol hill wouldn't-minded if kathleen sebelius lost her job. she persevered through it and the president sticking with her. has it gotten better than the disasterous rollout in the fall? yeah a, a little better. we'll see what people are talking about come november. is obamacare better? are the poll numbers better? it is continually under 50%.

jon: observers noted in the past, if you lose kathleen sebelius, whether she resigns or gets fired you have another round of hearings to confirm a new hhs secretary, and that gives congressional republicans and democrats frankly an opportunity to open up the whole can of worms again. >> exactly. they don't want to go through that process. jon: bob, thanks very much for being with us. >> thanks, jon. jenna: in addition to health care the president also addressing the deadly benghazi terror attack during his interview with air very own bill o'reilly. the commander-in-chief characterizing it as not a terrorist attack that contradict as senate investigative committee the assault that killed four americans including your ambassador to libya. chief intelligence correspondent catherine herridge is looking at this part of the story. >> reporter: thank you, jenna. president obama described benghazi disjointed and disorganized and seemed to play down the scale and lethality of

the attack by terrorists and two extremist groups including the jamal network based in egypt. >> when you look at the videotape of this whole thing unfolding this, is not some systemic, well-organized process. you see -- >> it was heavy weapons used, heavy weapons coming in. >> bill, listen, i've gone through this and we have had multiple hearings on it. what happens is, you have an attack like this taking place. and you have a mix of folks who are just troublemakers, you have folks who have idealogical agenda. >> all right. >> you have some who are affiliated with terrorist organizations. you have some that are not. >> reporter: the president appears referring only to this attack on the consulate where ambassador chris stevens and foreign sister officer sean smith were killed after terrorists set fire to the villas. this was the first of three attacks on 9/11 in benghazi. the two follow-on attacks hit the cia operation known as the annex and including mortar fire which killed former navy seal

tyrone woods and glen doherty who were defending the cia operation from the rooftop. a third cia contractor was also on the roof and permanently maimed in the mortar attack. this recent bipartisan senate intelligence committee report that found a lot of differing points of view on the attacks. quote, the collective assessment of the tell intelligence community remains that the attacks were deliberate and organized but their lethality and efficacy didn't necessarily indicate extensive planning. in layman's term the missing piece how long it took to plan. what is not in question whether the attacks were organized, effective and legal that the according to the senate report. again, this is bipartisan assessment t can't be written off as assembly criticism from republicans on the committee. jenna. jenna: interesting context for us today, catherine. as always thank you. >> reporter: you're welcome. jon: president obama still not ready to formally sign off on the keystone pipeline despite

growing bipartisan calls to go forward with the multibillion-dollar project. the pipeline cleared a major hurdle when a state department review found the project would not significantly add to greenhouse gas emission that is will likely created any way by the vellment of tar sand in canada. the president is awaiting on assessments from the secretary of state and other federal agencies including the epa. our chief washington correspondent james rosen joins us live. the approval process, james, has already lasted five years. how much longer will it go? >> reporter: jon, the release on friday of the state department's fifth and final environmental impact study triggers another period of comment, 30 days for the public, 90 days for other federal agencies, after which there would be no looming deadline by which the administration would be required to make a decision. this is the second keystone pipeline that the transcanada corporation would like to build. its final leg from cushing, oklahoma, to port arthur, texas.

the obama administration approved and oil is transported on it. but the 1200-mile northern leg remains mired in bureaucratic limbo. a pop aid to president obama that they are waiting input from eight federal agencies that will have a chance to assess the state department's findings. >> one department with a study. now expert agencies, epa, others, energy department have opportunity to look at this to make their determinations. the president wants to protect their ability to do that, make the decision on best analysis and most sound science. >> this is no-brainer, should have been made. this decision should have been made a long time ago. the canadians will get the oil. whether they will sell it to us or the chinese. >> right. >> i rather it come here to america. >> reporter: environmentalists claim the extraction process in canada and risk of pipeline rupture along the way make keystone xr catastrophe -- catastrophe waiting to happen and supporters say it will

create thousands of jobs. jon: state state will play a critical role early in the process. any ideas how he will come down on this. >> reporter: as you know, jon, secretary kerry has been a leading voice on climate change. even author ad book on the subject. that said, secretary kerry steadfastly rye assisted taking a position on keystone since resuming his office. if president obama approves keystone, secretary would play a role in the bitter disappointment between president and his liberal base. one scenario the president may approve the pipeline but couple that decision with a clutch of new executive orders promoting environmentalism in other ways. that is much in keeping with the president's modus operandi using executive orders. jon? >> james rosen, thank you. jenna: that is story to watch. this is a story to watch. a winter storm slamming the northeast and the mid-atlantic t

did not hit the super bowl but hit us now. that is ice blocking our camera to give us an idea what things are like out there. some areas seeing eight inches of snow and much more to come. we'll look at current conditions from each part of the country and what is many looking on the horizon as well. new jersey governor chris christie is under attack as more documents are subpoenaed in the george washington bridge story. the latest on the investigation on what the government did or did not low about shutting down lanes on the country's busiest bridge. that's next. so you're telling me your mom has a mom cave?

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jon: new information on a deadly school shooting in russia. police arrest a student there accused of bursting into the school killing a teacher and a police officer. children were seen running from the scene in knewly-released video. amy kellogg is following the story live from london.

amy? >> reporter: jon, as we know russia is battling an islamist insurgency and had a string of terrorist attacks over recent years but school shootings like this one apparently completely unrelated to terror in russia are completely unheard of or largely unheard of. for that reason people in moscow are shocked it went on a 10th grade student entered his school in northwest moscow with his father's rifle. somehow he was able to get back past the security guard who sounded an alarm. he went straight to the geography classroom, where he killed the teacher, a young man, 29 or 30 years old. he held 20 students in the classroom hostage and killed a police officer who responded to the event. the boy's father called to the school, ultimately able, having done ad bulletproof police vest to convince the son to free the students. it is not clear at this point what the student's motivation was. an unnamed source towed a

russian news agency, he had been angry for the geography teacher giving him his only b grade. he was reported as a smart boy and all this is being portrayed as a big shock. >> i talked to the classmates of the boy and headmaster and other teachers. he had the highest marks and one of the best students. certainly what happened to him psychologically requires analysis. all children have been let out of the school except his classmates. >> reporter: another law enforcement officer quoted say there may be a emotional breakdown. the student is being questioned at this moment. these sorts of school shootings are largely unheard of in moscow we had a terrorist event in russia in 2004, in beslan, where terrorists took hundreds of students hostage and 300 of them were ultimately killed that was entirely different sort of an event, jon. what happened in the wake of that, russia decided to place

security officers inside of all schools. so that was a change in the way schools are run in russia and now not surprisingly russian authorities are saying this morning there is complete review of security in all russian schools. this as the olympics are just a few days away and security is on the tip of everyone's tongues in russia, jon. jon: with sochi coming everybody has to be on edge as a result of this attack. >> reporter: absolutely. jon: amy kellogg, thank you. jenna: meanwhile back here at home, new developments in the new jersey bridge traffic story. more documents subpoenaed by the state's special investigative committee are due this afternoon. meantime governor chris christie's staffer, that had been named in the investigation is stepping down. so that's another development. eric shawn is here with more. >> reporter: hello, jenna and jon. over this weekend governor chris christie was booed by a crowd at this event. he could get a different reaction expected to speak at

the an call cpac convention of political activisms in washington this could coincide with public hearings on the bridge scandal at the same time in trenton, new jersey. today marked the first day the newly subpoenaed documents are due at the special new jersey investigative election committee probing the bridge scandal. investigators continue to try to find out why the george washington bridge lanes were closed in september, who ordered it and if embattled governor chris christie flew about it. the governor claims he is not. democratic assemblyman john wisniewski tells fox news that hopes the documents will finally shed some answers. >> trust is important in government. if government is going to succeed and get things done, the citizens have to have some level of trust government is doing it for the right reason and this really destroys that trust. this undermines the that government has at every

level because people see things like this and justifiably resort to certain level of cynicism and we have to resort that clearly it was an abuse of power. for what end we're not really clear, but we know there was abuse of power. >> reporter: assemblyman wisniewski wants to know what the lawyer for this man, david wildstein, the former port authority official who carried out the closing what the lawyer for him claimed in the letter, that evidence, quote, unquote, exists that governor christie knew about the scheme at the time. the governor denied that too. so far 20 top christie administration officials and others have so far been subpoenaed bit investigation. those public hearings are expected to be held after investigators review all of the subpoenaed material and, jenna, there is tremendous amount that is going to be pouring in. jenna: so the story continues very much. eric, thank you. jon: well a volcano erupts with deadly consequences and more eruptions are now possible. what the government is doing to

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jenna: well a massive manhunt intensifying for a convicted murderer who broke out of a michigan prison over the weekend. police say michael david elliot should be considered armed and dangerous. after he kidnap ad woman in indiana but thankfully she got away and he is still on the run. might be tobin in the midwest bureau has more on this. what is the very latest? >> reporter: we have the latest of a release of security camera photos in elkhart county. the security photos tell us more than authorities. they say he last known wearing a

white kitchen uniform. on the photos he has on a white turtleneck and white jacket. the photos come from a camera in the gas station 130 miles away from the prison. he went on foot to ionia, michigan, kidnap ad woman at knifepoint or box cutter. drove to one mile south of the state line. they stopped for gas and hid in the bathroom until he got away. elliot will be driving a 2004 red jeep liberty at this. the unique features of the jeep are stickers of bugs bunny and tasmanian devil. it was last seen getting on i 9-0 direct unknown. elliot should be considered armed an dangerous. his conviction goes back to 1993, the murder of a four people to in a scheme to get drug money. elliot is convicted of burning the bodies subsequent to that, jenna? jenna: how did he escape?

>> reporter: they believe he got ahold of kitchen uniform they're talking about. because of the kitchen uniform he gained access to sally port and to a perimeter fence around the prison. there are two holes cut in the fence. authorities are not specific about the kind ever tool he used. he escaped during the super bowl. we can only speculate if that was part of his strategy. chief troy thomas from the department of public safety said he clearly expose ad weakness in their system that needs to be investigated but the priority is rounding up elliot. he is five eight, 165 pounds, fourth years old. jenna? jenna: a story we'll continue to watch, mike, thank you. >> reporter: you got it. jon: the outcome of our role in afghanistan still far from southern. america's longest-ever war, more than a decade of spilled american blood and sacrifice there. a country proved difficult for other nations doing battle in afghanistan. one of the most famous leaders in history said this about waging war there. financially it is ruin news, morally it is wicked, militarily

it is an open question and politically it's a blunder. we'll tell you who said that and get an assessment from a writer very familiar with the afghanistan war. plus, a brief respite from a bad winter now over for the midwest and northeast. snow on the way and more on the way. meteorologist janice dean is a very busy lady. she will have your full forecast coming up. why do people count on sunsweet prune juice to stay fit on the inside? it's made only from prunes, nothing else. it works, simple as that. it's a natural source of fiber and 5 essential vitamins. it's the smart choice for me. try sunsweet's amazing juices and new amazing prune light.

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jenna: right now a quick look what's still to come this hour of "happening now." we have the latest on the investigation into the death of phillip seymour hoffman. the oscar-winning actor was found unresponsive in his new york city apartment yesterday after an apparent drug overdose. also some new details in the disappearance of a texas woman disappearing for more than two weeks. why her family now says she may have voluntarily run off. new research offering another reason to avoid the fast-food burger. i know it's tough. why even just one could be doing harm to your body. jon: to a fox weather alert now and a winter storm bringing heavy, wet snow to parts of the mid-atlantic and northeast. some areas could see as much as eight inches as another storm is already taking shape. meteorologist janice dean in the fox extreme weather center with the latest. janice you got that super bowl in just in time.

>> you're right. i'm sorry your team didn't win. i apologize, jon scott. jon: there is always next year. >> i was rooting for them. amazing, we had temperatures in the 50s in new jersey. just a matter of hours this storm moves in and people are stuck at the airports. that is where we're seeing the worst of the weather. d.c., mainly a rain even for you. we're seeing mixing in philadelphia and up towards new york and delays a the airports, over three hour delays at newark. over four hour delays at philadelphia. this will be a really a trying situation across the northeast. future radar, the storm will exit by this afternoon. of course it is just a mess across the i-95 corridor. then we watch the next storm and it will develop across the rockies and southern and central plains. some areas could get over a foot of snow as we go through time and then this is eventually going to reach us up into the northeast tomorrow evening into wednesday. so winter weather advisories for

a widespread area across the ohio valley up towards the mid-atlantic and northeast. that snow map you showed is combination of both of these systems coming together. so in some areas, combined, we could get over a foot. interior sections could get 12 to 18 inches. that is both storms put together. and then we're going to watch another storm. so this one exits. this is our next weather maker that will be a little bit more organized. along the coast i think it will be a mainly a rain-wintry mix. on thursday we'll watch this one develop across the southeast and this could make for our nor'easter. a classic nor'easter setup, sunday into monday, jon. the northeast could get significant snow totals. we're a few days out. we have to monitor it. man, three storms in one week. that groundhog, knew what it was talking about. jon: yeah, he did see his shad do, right? >> yeah. six more weeks of winter. jon: i will listen to your forecast, janice before i pay

attention to the groundhog. >> i could have told you that. jon: sounds like a lot of snow. >> thanks. jenna: "happening now," the war in afghanistan is still very much continuing while politics play out at home. while you've certainly heard a lot about america's longest war, here's quote you may not have heard about waging war in afghanistan. quote, financially, it is ruinous. morally it is wicked. militarily, it is an open question and politically is a blunder. the man who said that is not an american at all, but a young winston churchill who fought in the tribal areas of pakistan against what our next guest describes as the great, great-grandfathers of the modern taliban movement. he just publish ad book, churchhill's first war, young winston in the fight against the taliban. he says we can look to churchhill for guidance on the way forward in afghanistan. he is british editor of the newspaper, telegraph. nice to have you with us, con. >> a pleasure, jenna.

jenna: often times we compare ourselves to the soviets but you take us back even further, more than 100 years ago to winston churchill's experience. just tell us a little bit what happened in afghanistan at that point. >> well, more than 100 years ago the british during the british empire had a series of squirms with the -- squirm meshes with the afghans, great, great-grandfathers of the modern taliban movement. winston churchill at age of 22 went out there to fight them. he spent six weeks on the afghan border. he came under fire 10 times. and on three occasions he nearly got himself killed. it was a very perilous undertaking and i got the idea for the book, frankly, jenna, when i was talking to general david petroleum when he was commanding american forces in afghanistan, looking for ways to defeat them. he looked for churchhill's

accounts of his own war in the 1890s and applied some of the lessons to the modern campaign. jenna: you've been to afghanistan dozens and dozens and dozens of time. you have spent time on the ground and done extensive interviews with our junk generals. what did churchhill say in his own experience that should be applied to our own in afghanistan. >> jenna, i have gone there and covered the soviet withdrawal in afghanistan in the 1980s. so i invested a lot in this country over the years. i think the fundamental lesson you learn from winston churchill when he was 22, it doesn't matter how much military force you apply in this country, the ultimate resolution is going to be political. and i think looking at the modern conflict and the drawdown of american forces by the end of this year, i think the fundamental problem we're looking at is there is no prospects of a political settlement with the taliban.

and i think that could stir up a lot of problems for america and its allies looking forward. jenna: there is a fundamental issue with that as you know, con, for us as americans in our foreign policy where we talk about negotiating with the taliban and bringing them to the table. we have always said that we do not negotiate with terrorists. so how do you think we reconcile that? what would be your advice on how to reconcile that desire not to negotiate with terrorists but yet not make the mistakes of past countries? >> well, the question there is whether the taliban movement is a terrorist organization or a nationalist movement. certainly general petraeus and general stanley mccrystal when they launched a counterinsurgency campaign they believe you brought military pressure to bear on the taliban and that would force them to negotiate with the afghan government and in fact president obama has opened an office in the gulf state of qatar to facilitate these talks. the problem is, washington is

applying no political will in this area. basically the obama administration seems to have given up on the afghan conflict. without a political settlement s prospects when americans and other troops come out at the end of this year. there is every possibility al qaeda and other islamist terrorist groups, these are profit terrorist groups come back and use to it attack america and other countries so -- jenna: you correctly point out. i want to mention that the taliban as designation as terrorist organization is designated for a specific group in pakistan and overarching taliban is not designated terrorist organization. al qaeda is. there are some semantics that is are important how it is used in policy, con. can you just in the brief moment we have before we end, what would an ideal political settlement look like if we did have the political will? what would it look like? >> we would have reconciliation between the taliban and karzai government. they would agree to work

together, to keep the country free from terrorists. i mean the fundamental demand for america and the west is to make sure that afghanistan is never again used as a safe haven for groups like al qaeda to carry out terrorist attacks against major cities. jenna: nice to have some one of your expertise, con, join us and fascinating book. can't wait to read it. look forward to having you back as always. thank you very much. >> my pleasure, general that. jon: there are new fears about a killer volcano located in the so-called ring of fire. why more eruptions could be on the way. plus, hollywood stunned and saddened by the death of actor phillip seymour hoffman. the latest on the investigation. police want to know some things. we're live with that story next. the day we rescued riley, was a truly amazing day. without angie's list, i don't know if we could have found all the services we needed for our riley. for over 18 years we've helped people

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jon: new next hour, she's accused of a brutal murder. now a judge weighing whether or

not jurors can see what could be a key piece of evidence in a case against hear. our legal panel weighs in. a suspected prowler comes back to the same woman's yard but this time she is ready for him. we'll show you what happened. and the day after the big super bowl blowout, how seattle is celebrating. we're live with that story. jenna: nicely done. deadly volcano eruption in indonesia, in an area known as the ring of fire. at least 14 people were killed because the government said they simply could not evacuate the area in time. now, tens of thousands of people in the immediate area were forced out of their homes because of the volcano. this is the first time volcano blew its top with deadly results there are fears there could be another eruption. jon: some new information now on the death of oscar winner, philip seymour hoffman as hollywood remembers the very talented and troubled actor who was found dead in his

new york city apartment yesterday. police say hoffman had a syringe in his arm. and there are reports a lot of heroin was found there as well. julie banderas live outside of hoffman's apartment in new york's greenwich village. julie? >> hi, jon, yes. police just confirming to just moments ago more evidence shedding more light on the circumstances surrounding hoffman's death including the fact that they found several glass things surrounding his body. they are essentially a plastic bag that could possibly contain narcotics. they found nearby empty bags which could possibly contained heroin and prescription drugs. that is the very latest. it is presumed that he died of a drug overdose but we're still awaiting the medical examiner who is conducting an autopsy today to give us a deft cause of death which as you know could take up to two weeks to find out but yesterday his body was found inside this apartment behind me at 11:30 in the morning, discovered by a friend who apparently had not heard from him. he was supposed to pick up his

three kids. he never showed up. that is where he found his body. his body was taken out of the apartment late last night. this was a two-bedroom was renting since he and his partner of 15 years separated in october. his family with three children resides in a four million dollars home a few blocks away. he was renting this place for $10,000 a month. hoffman, obviously a huge loss for hollywood and new york. he as many of us know did battle a long addiction with heroin and other drugs, a battle that he started as a teenager. in fact here he is in 2006 talking about it with "60 minutes." listen. >> i was 22 and i got panicked in my life. it was just that. i always think, god, i have so much empathy for young actors and 19 all of sudden they're beautiful and famous and rich, i said, my god, i would be dead. 19, beautiful, famous and rich that would be it. if at that time i had that kind

of money and stuff. so, you know. >> reporter: and apparently he had been sober for over 20 years until last year, sadly, he reportedly checked into rehab for heroin abuse. his suspected cause of death. a tragic end to a live that spanned 46 incredible years, earning him as reputation as most ambitious widely admired american actor of his generation. hoffman appeared in more than 50 flips in less than 25 years. his role in capote earned an academy award best actor in 2005. weighs nominated three times in roles. he co-starred with tom hanks in charlie's wilson's war and he was in the big la bows ski and "the hunger games." celebrities reacted to the tragedy at the super bowl. >> terrible. terrible. i'm just, heartbroken to, he was

such a great, great talent. >> it's a strange life, man. we kind of pass through. and the at time we have on earth is so short. it makes me hug my children a little tighter and hug my wife and, think how blessed we are to have each other. >> reporter: according to foxnews.com we're also learning that in fact police are looking for surveillance video, trying to track that down of a local bank by an atm machine where hoffman is allegedly seen making a drug buy just moments before his death. back to you, jon. jon: julie banderas, what a talented man. thank you. jenna: the search for a missing woman stretches into a third week. leanne bearden spent three years traveling the world only to vanish after her return to the united states. with what her family is saying about her mysterious disappearance. also this. eating one fast-food burger won't hurt you right, jon? jon: right. >> wrong.

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jenna: another reason to stay away from fatty fast-food meals. we all they they're unhealthy. now and then you need a burger? i totally get that. researchers put in a exact number how the meals -- a new study says every fast-food meal you eat bumps up your body fat index. we have a assistant professor of medicine at the university of north carolina and he confessed to me did have a burger last week. it is okay, doc? >> everything in moderation, right? jenna: that is what this study sick tag on whether or not

moderation is okay. because they say if you go to a fast-food restaurant you eat and will increase the body mass index by .03%. a small amount but you're increasing it. put that in context. what does that really mean? >> each time you go it is really knot going to make a impact. if you find you're going more and more and more for a fast-food meal, it will create more poundage. you will become obese and overweight. in the study you reference, number of fast-food visits went from 26 on average to 35. we're already going a lot more because everybody is business did i juror what about healthy options? >> i think it is tough to find really healthy options in a fast-food restaurant. lots of processed carbohydrates, lots of fat and added salt. i know the fast-food industry is trying but still better to make healthy choices at home. jenna: one of the deductions from the researchers is this. we have evidence this

automatically increases the body mass index and we have obesity problem that is huge, this shows we need stronger government regulation into fast-food restaurants. it reminded me of a little skit right best super bowl. let's go ahead and roll that. >> how big is that soda? >> 32 ounces. why? >> oh, no. come on guys, it is diet soda. >> no. i have my own best interest in mind. it's a good law you. >> sure? you're going to jail. >> i'm so hyped with sugar i don't know what is going on. jenna: this is really, i mean, this is quite funny. but that was a big, a lot of people were upset about that, right? you can't get the big drinks that you want. >> right. jenna: how realistic is it? as a medical professional to regulate the fast-food industry? and is that what we need? >> i think that we do need some regulation but obesity related illness, 150 billion health care

dollars in the u.s. alone. now we have obamacare that wants to focus on prevention. how better to prevent illness if we can prevent obesity. regulating fast-food choices may be something in our future. jenna: you say obesity is so costly if we get it under control it would dramatically change the landscape of health care across this country. >> i think it would. talking type-2 diabetes, heart disease, stroke. heart disease is number one killer in the u.s. this week is go red for women week. jenna: your specialty as cardiologist. >> exactly. jenna: in new york for soda, obviously we can't buy big sewed cast anymore. that's what we're supposed not to do anyways. how would it look in a fast-food restaurant? what would be a smart way to add regulation? >> i think it will be difficult all the way around. you may have to limit some additives and trans fats we hear so much negative press about. also limit caffeine in the colas. that is empty, empty calories. some ad differents in the colas

shown to cause cancer in fact. >> be curious what viewers think about it, about regulating our hamburgers. sodas are one thing. >> right. jenna: hamburgers, i don't know, you're right, could be challenging but you never know. dr. campbell, great to see you. >> thank you for having me. jenna: jon? jon: for the record i down ad couple of sliders during super bowl but they were chicken. jenna: you look very skinny this morning by the way. jon: i'm not sure about that. new details in the trial after woman accused in the brutal murder of her husband's former girlfriend. we'll have the latest on the trial of amanda hayes. plus the weather barely held out for the super bowl. now snow is hitting the northeast and more on the way.

jenna: writes now today's top headlines, the stories you will see here first.

jon: déjà vu over the debt ceiling. both parties gearing up for a familiar battle that has huge implications for the nation's economy. graphic evidence in a gruesome murder trial. amanda hayes accused of killing her husband's ex girlfriend or a custody dispute. a case getting a lot of media attention. and winter is not relaxing its grip, a trio of storms now racing across the country. ready to drop serious amounts of snow again in some spots. it's all "happening now." jenna: the big game is not the only showdown on super bowl sunday. another one took place off the field with the president, president obama and bill o'reilly going head to head. jon: welcome to the second hour of "happening now." exclusive interview getting a lot of buzz today. the pair squaring off over a lot of including the affordable care act and the benghazi scandal.

o'reilly: was it the biggest mistake of your presidency to tell the nation over and over if you like your insurance, you can keep your insurance? president obama: you have a long list of mistakes. o'reilly: but for you. president obama: this is one i regret because in part be put in a grandfather clause in the original law saying in fact you were supposed to be able to keep it. it obvious he didn't cover everybody we needed to, so we changed it because we further grandfathered in folks and many people who thought originally when we got the cancellation-- o'reilly: is in the past, but isn't that the biggest mistake? you gave your enemies a lot of fodder for it. president obama: i think part of the reason is i try to focus not on the fumbles, but on the next play. o'reilly: libya. the foreign testimony, general carter ham, you know the general, security in africa, he

testified on the day the investor was murdered and three other americans, all right, he told the secretary it was a terrorist attack. shortly after he said that, secretary panetta came in to you. did he tell you it was a terrorist attack? president obama: he told me there was an attack on our compound. o'reilly: he didn't use the word "care"? president obama: in the folks of the moment what people are focused on is on the ground, we have eyes on it. o'reilly: he didn't tell you it was a terror attack? president obama: what he said to me was we had an attack on our compound, we don't know yet who is doing it. understand by definition with somebody is attacking the compound, that is an act of terror. so the question ends up being who in fact was attacking us.

o'reilly: but it is more than that because of susan rice. it is more than that because susan rice goes out and tells the world it was a spontaneous demonstration off of videotape, but your commanders and secretary of defense know it is a terror attack. as an american, i'm confused. president obama: i'm trying to spice to you if you want to listen. the fact of the matter is people understood at the time something very dangerous was happening, that we were trying to do everything we could to protect everybody. in the aftermath, what became clear was that the security was lax, not all the precautions that needed to be taken were taken, and both myself and secretary clinton and others indicated as much. jon: and there's more to come. another 12 minutes of interview that was taped after that live portion will air tonight on the "o'reilly factor." let's get into it with bret baier. a lot of fodder for your program tonight. "the new york times" writes his

answers had little if not any new light on some of the most controversial moments of mr. obama's presidency. not a lot of new information therefrom the president. >> well, no, but with interest in the tone and the tenor of this interview. some of the answers were interesting. for example, on the obamacare question and whether kathleen sebelius, health and human services secretary, should have been fired. the president largely avoided that direct question saying he will hold people accountable and is holding people accountable, but now he is concerned about signing up people for health care and doesn't want to deal with all of that midstream. that is probably not the best signal for secretary kathleen sebelius if things do get fixed to the point this administration can talk about it. that seems like something is pending on that front. on the benghazi front, you are right, it has been said before in the wake of a senate

bipartisan intel committee report which kind of detailed all of these things, democrats and republicans signing onto this, it is just interesting to hear the president talk about those first few hours, first few days how he characterized it and how the rest of this administration did. jon: i'm not sure anybody will ever be satisfied with the explanation because too many it seems like he was avoiding calling it a terror attack, the one reference he made was in reference to 9/11 framed against the election campaign and the statement he was making about al qaeda being on the run. it is hard to know what he really meant and what he was attributing it to. >> listen, there are many examples post the next day the president references the rose garden speech, in the context

seemed to be a little different, but then you have afterwards the president being asked on the view if it was an act of terrorism and he doesn't say it was. in univision an interview there he doesn't, days later on late night with david letterman again tries, and the united nations video speech in which he references the video. a lot of people say this is all semantics. what does it matter now to quote a familiar phrase, what difference does it make. the difference is you have this report that is laying out who knew what and when. we're going to have some new reporting about those talking points and the formulation of them, and i think this will be interesting for people to see it at 6:00 p.m. eastern time. jon: we will look forward to that.

bret baier, thank you. jenna: in the meantime, another debt ceiling fight in capitol hill and word lawmakers may try to tie the battle over the spending limit to changes to the new health care law. chief congressional correspondent with more on this story and the next chapter ahead, what is the message today from the administration on the best-selling issue? >> treasury secretary jack lew says this can and should be a breakthrough year for the economy, size message to congress' they should avoid doing anything that may do damage to our economy. >> i believe it is the last thing that has to happen in order for people to breathe a little sigh of relief that we are not going to see the kinds of brinksmanship that cause anxiety not just here in the united states but around the world. >> at this point the administration doesn't want to talk about negotiating a deal, they would just like a straight, clear exchange.

jenna: what is the latest in what house republicans are considering? >> the keyword for them appears to be "consensus." they're looking for consensus over what they would like to be part of a debt ceiling deal. one option is making sure there is no bailout of insurance industries related to obamacare, another one may be billed in the keystone xl pipeline. bottom line, house leadership says something should be a part of the debt deal. >> hopefully the president and the senate worked with us in the house to actually do what has typically been done with the debt ceiling, making some progress toward addressing spinning problems in washington, making progress toward trying to grow the economy around the ceiling. that is weight has been been done for the last three decades. >> they should have a better sense with how they will proceed after they meet with house republican members tomorrow morning.

jenna: we will see what the definition of quick is. thank you. jon: it was a super bowl blowout, unfortunately for me and other denver fans, one for the record books. seattle seahawks beat the broncos last night 43-8. folks in seattle taking to the street to celebrate. the first ever super bowl win. now a victory parade is being planned. >> the parade will be wednesday. you often hear defense wins championships but the seattle seahawks prove it last night. percy harvin returning a kickoff for a touchdown to begin the second half. seattle scored a safety i am very first play of the game partially because the crowd was surprisingly loud at metlife stadium, nearly impossible to

hear peyton manning ever yell omaha. i spoke to some of the champions as they celebrated on the field. >> did you think it was going to be a closer game? >> i did. it is never over. our defense is so fierce, so great, i cannot even explain, this is such a great feeling. >> we know what hard work goes, we know what talents does. you combine them, you get championships. >> he spoke a news conference in new york city this morning along with seattle coach pete carroll. >> sometimes it can be like an avalanche. everything goes your way. we were really ready for the opportunities. >> we feel like there were

challenges a lot more, but we plan on executing well, playing with that intensity and attitude where they would have to deal with us and i think we did that. >> he said he thought new york and new jersey did a terrific job hosting the first mass transit super bowl although there were long delays getting on the train and even longer lines getting back from metlife. and then there is the weather. today as you know, heavy snow hitting new york city. jon: they were above average. thanks. jenna: seattle seahawks quarterback russell wilson may be looking for a raise. the highest-paid starting quarterback from the league. denver quarterback peyton

manning had a quarterback's salary $50 million, his brother ernie $13 million with the giants. drew breeze getting over $9 million. russell willia wilson taking int over $6 million. after the victory last night raising questions about if you get what you pay for sort of thing. i know, i know, this is sort of interesting, $500,000. we have had a really nasty month of january for the dow, you can see where things are heading the first trading day of february. after manufacturing came in, much lower than expected, a lot of questions of economic growth and with what we have seen is going to be sustainable. not a great way to start the week. should mention mike emanuel just

did the report on the ceiling. not a factor, but you never know. jon: they are upset about the super bowl. >> i really wanted to see him win. jon: pitting a stay-at-home mom against a powerful union. coming up, why she is being forced to pay union dues just to take care of her disabled son and how she is fighting back. plus a triple threat. the latest on not one, but three major storms expected to slam much of the country this week. at a prowler breaks in the woman's home and falls asleep in her backyard, but nothing could have repaired him for what she did next. we will show you how this ended coming up. >> he jumped into his car, and i jumped in there with him right on top of him. wrestled until he got the keys.

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jenna: good ones for moms everywhere. a woman fighting off prowlers. the whole thing caught on surveillance tape. you can see the man trying to make an escape running toward the car, but the homeowner ran up to him armed with a homemade weapon fashioned out of a large rock taped to the end of a stick. >> he jumped into his car, i jumped right in there with him right on top of him and wrestled until i got the keys. and i confronted him about it, he said he had left his cell phone battery in my yard. jenna: throughout the ordeal, she says she wasn't scared because this guy had tried to break into her home three times in a week and she wasn't having it. jon: a triple threat as three snowstorms sets to slam much of the country this week.

the super bowl ending just in time for new jersey as heavy snowfall is already hitting parts of the mid-atlantic and the northeast. 8 inches of snow expected in philadelphia and new york city today. a second storm also developing that will dump snow from colorado to iowa more than 1200 flights cancelled nationwide and that number is expected to grow as the storm gains strength. janice dean an in the fox extree weather center. >> let's take a look at the radar, show you what we are seeing. light snow for philadelphia, d.c. a rain event for you. we could get a wintry mix across southern new jersey and then the storm will exit this afternoon, but we have significant delays in all of the new york city airports as well as philadelphia, that will be ongoing throughout the evening. if you have a flight, check ahead, it will be quite trying the next several hours. the next system across the rockies and the plain plane sta,

mainly rain over the mid to lower mississippi river valley. there are some of the snow totals six to 12 in kansas, missouri, illinois, indiana, ohio toward the interior northeast were some areas could get higher amounts with the next storm system. one more to look at. one silver lining, a significant drought across the west seeing the rain and snowfall is good news especially for parts of california where we will get the moisture in. temperatures will drop again across midwest and the northern plains with wind chill advisories and it will continue to drop as far south as texas setting us up for the next storm system, and then the final one we are watching, tuesday, wednesday event offshore. the next system around thursday, friday and the gulf of mexico. this'll be the classic set up on a nor'easter.

very significant snow total on monday, just in time for the rush hour again. setting up my sleeping bag. jon: you have been working hard. jenna: her husband committed of murdering her ex-girlfriend but did amanda hayes play a role in the killing? as the murder trial resumes today. following another defying comprehension. a mother killing her own son. details just ahead. >> very kind. never seen anything mean about him.

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jon: a disturbing case out of michigan where woman is accused of killing and dismembering her own son. the suspect under arrest now. the victim was 32 years old. police found his body parts in a garbage bag. more on that. reporter: she had reportedly been living with her son since her house burned last year. eight days ago the son was reported missing and then body pars were found after a woman was seen dumping trash bags along the freeway. she is to be charged with murder and dismemberment. neighbors are in shock. >> i thought it was a special relationship between the two. >> seem like a good guy, very kind, never seen anything mean about him. >> please released video of a woman driving a chevy trailblazer. they found the bag near

interstate 94 containing clothing and charred paperwork and took evidence from two homes the suburb where they lived. so far police have no motive and are not releasing the cause of death. jon: what a strange story. jenna: awaiting new developments in the amanda hayes murder trial in north carolina. she and her husband killed his ex-girlfrienex-girlfriend afterg custody dispute: the crime brutal and barbaric. already convicted of murder and he is serving a life sentence at this time, but now a jury will decide if amanda took place in the murder. the defense says amanda hayes is innocent. a criminal defense attorney and a former prosecutor in our panel today. you guys could have your own firm. but me start with you, just got some brand-new news from the

courtroom, they are back in court session today. this is what is going on. the judge has allowed the jury to see the photograph of the body. the body was dismembered, it was put into a cooler and dumped into a river. another gruesome details, they are not really questions, that is what happened to this woman. as a prosecutor, ryan, why would you make the decision to show this photo to the jury? >> it is your strongest evidence. you cannot forget the strength of the visual in such cases as murder when you're trying to give into a panel of people that a person traded this horrible crime, when i see the photographs and they can see what it looks like if i becomes tangible. translate something that happened out in the field into a courtroom and make it real, make it something you can see. something you can conceptualize.

jenna: connect back for something as gruesome of a crime as this is? >> you bet. they could have stipulated. no jurat is that effect evidene because it was not a question. if i am forced to view i can only imagine how gruesome the photos were, i could get upset with the prosecution for making me view evidence that is completely unnecessary getting them from point a to point b. jenna: is it evidence for amanda. so far what we have seen, nothing ties her directly to the body. grant, her husband, was on video buying the supplies that they say were used to dismember the body, but there is no evidence that puts her there. how do you see the case? >> i completely disagree with that. number one, she confessed to somebody.

she said i heard her bad, i hurt her bed, she is dead. that is the admission she persuaded in a murder. what are we to believe? she drove all the way to texas with these coolers of dismembered body parts that she didn't know what was in the back of the vehicle? come on, who's going to believe that? based on that, her confession into the horror of this case, she will get convicted. jenna: the thought is this guy is a master manipulator. they testified to that effect even though it was the prosecution's witness. how can she claimed she didn't know what was going on and said oh, by the way, we're going to do this while we are down here. >> so what if she did know, knowing is not enough. if i say let's go to the mall and you detect a weird order in the car, they have to put the

body in the trunk so we can put the bags in there, if you know t information but you don't touch anything, you are not guilty of anything. that does not make her guilty, circa not of murder and probably not accessory after the fact unless she did more. jenna: i'm a little worried about going to the mall with you now. point well taken though. we have to leave it there today. thank you. >> thank you. jon: it is a brand-new month of trading on wall street. we're keeping an eye on the big board after a rough january. and super showdown, president obama and bill o'reilly going head-to-head. a fair and balanced look at some of the most talked about moments.

jenna: and a month of trading on wall street, right now it is looking a lot like last month, at least the way last month finished down. what is actually happening today? lauren simonetti here to explain. lauren: definitely some déjà vu on this first trading day of february. looks an awful lot like january when the dow sun the biggest points drop in history down 878 points. here is the damage they mark's overall on a percent basis. the dow falling 5% last month, the worst start in half a decade.

down 3.6% and the nasdaq faring the best, if you will, with a 1.7% fall. most of the blame is on what is over there. the chinese manufacturing center stalling. down 10% this year. and this pressure in the emerging economies, turkey, south africa and india all raising interest rates to stem the fall in their currency, but there are problems here at home as well. thyou only have to look outsideo see the weather, right? cutting back on production as new orders plunged last month. many manufacturers pointing at old man winter. saint domestic sales dropped seven and 12% respectively as the cold weather kept many buyers indoors. and then there is concern of january jobs report when it is released on friday will be a big disappointment, that number the most important number of the

week will likely be skewed by the weather as well, jenna. jenna: thank you. jon: happening now, president obama takes a few swipes at fox news during his pre-super bowl interview with bill o'reilly at the present was asked about the targeting of conservative political groups by the irs. take a listen. >> some people are saying the irs was used at a local level in cincinnati, maybe other places. o'reilly: how do we know that? president obama: that is not what happened. folks again had multiple hearings on this. these kind of things keep on surfacing. part because you and your tv station promote them. >> that exchange showing light on fox with former century of state hillary clinton writing it is so much more fun to watch fox but it is somebody else being

blitzed and sacked. alan colmes host of the alan colmes show. both of them are fox news contributors. probably fair to say you and bill o'reilly don't agree on much, but suggests sitting down he got a lot of material covered? >> he did a lot in 10 minutes, which is hard. president obama tends to speak in paragraphs, i'm not sure of sound burst. we have to use careful language. in front in the commander-in-chief, but on the other hand enough questions to make it a full interview. >> what i heard from the president is a lot of what we've heard before. nothing here, let's go. >> he has calm down since it got

to him. >> it was good for him, good for the country, and because of o'reilly got questions in, you have some interesting answers. don't have time to think about the fumbles, i only think about the next play. which tells you something about the management style. if you don't stop fumbles from happening, you will not get the next play. there was an article about a problem with healthcare.gov, yet 22,000 people sending e-mails saying the building is not right, no answers whatsoever. the white house is clearly not picking up the fumble on the health care problem. >> also mentioned 3 million people signed up, medicare, medicaid people have signed up. since the problem with the website. >> here, maybe you can read

this. you have to admit the surge in sign-ups. that is true. >> you got to be president who said he holds people accountable and so forth, but the really hasn't been a lot of that. >> it is not true. bill o'reilly suggested he should have done does that mean people are not held accountable. one person was not let's go, did would not lose the head of the irs, other people? he left fiel sooner than he woud have otherwise. >> the fact the president leaves her there. >> she becomes the fall person. >> it is one of the biggest snafus and governmental history. >> she is not a web person.

>> she was sitting there waiting for it to happen, it didn't happen. >> there was also this exchange between the president and the o'reilly about benghazi. >> nor detractors believe he did not tell the world it was a terror attack because your campaign did not want that out. that is what they believed. president obama: they believe it because folks like you are telling them that. o'reilly: i am not telling them that. president obama: i'm telling them it is inaccurate. jon: what you think about that? >> benghazi has been pushed by conservatives hope it will change the results of the election. it has already been investigat investigated, they have come to the conclusion there was no cover-up, it was a tragedy, not a cover-up. that has obama pointing out yesterday, a week later there is no cover-up.

the chances to be the next commander in chief, that is what this is about. >> they found there were a lot of problems in the lead up and the response to benghazi. here is one of the conclusions, from the minority in this committee. >> the failures of benghazi can be summed up this way. they were vulnerable, the state department knew they were vulnerable and nobody in the administration really did anything about them. >> met with a deafening silence. they deserve better from the country. >> republican of utah admitted he did not vote for more securities, republicans do not consider security funding a priority. you can't just put blame obama for everything. >> i think at a minimum they owe the fellow in the video as an apology.

they used him as a reason for all the terrorist threats. the justice department ought to apologize. jon: all right. thank you both. more from bill o'reilly tonight when he releases the final 12 minutes of that interview. jenna: we look forward to that. can we get a shot of their shoes? they come together. >> these are american boots, ladies and gentlemen. jenna: we have tried to match shoes many times, but has never matched the mac worked out. we're going to move on. this is one we haven't seen before. a man using a tow truck to steal cars during the storm that shut down atlanta. can you imagine this? the details ahead on this crime. and has a severe drought in california severely damaged the state's economy? we have a full report coming out.

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jon: talk about tak taking advae of others misery. a guys accused of stealing some of the cars drivers were forced to abandon in atlanta during the crippling storm. police say he used a stolen tow truck to take those cars after streets and highways were left at a standstill. they spotted him and a chase ensued before he was eventually caught. facing charges of auto theft, forgery and other crimes.

jenna: getting snow and sleet and ice on the east coast all the way through atlanta and texas. a punishing drought, no relief in sight. the state is announcing some areas will not get any water from reservoirs starting in the spring. bad news for the state's economy. meanwhile, in los angeles with more. reporter: this is the l.a. river, right now it should be over my head because it is the middle of the rainy season, instead we are in the middle of a three-year drought. 70 communities may have no drinking water in two to three months. the biggest problem, farmers. zero water allocation. >> we have irrigation system underground, and we're just waiting to see if we have enough water to form it. if we don't have the water, there's no sense in planting it. reporter: he is but one casualty of california's drought.

up and down the central valley a stretch of soil larger than nine different states, the best soil in the world lies dormant, dry and dying of thirst. >> the consumer is the ultimate beneficiary of water used by the farmers. reporter: america eats everything the valley grows. without water, consumers face shortages at higher prices. >> we've been through these before but nothing drought quite like this one. reporter: the largest water suppliesupply is at a record lo. some lakes and rivers are bone dry. >> there is no water here, we face a catastrophe. reporter: water is everyone's business says this campaign in spanish. the governor wants all californians to cut back to 20%. >> shake your head and wonder what kind of nonsense does the

bureaucracy do out here. reporter: there is water up north. the public and lawmakers considered averting some of it for farmers. democrats said no site in hobbs endangered and habitats. >> how you can favor fish over people is something people in my part of the world would never understand. reporter: that is a common problem with the water wars in the west. federal rules protected the billions dollars per year, i want to try the pump to send the water south killing some of the fish. democrats will unveil their plan this week. unless we get rains worthy of an arc, california has a big problem come spring and summer. jenna: i have been through some droughts in california, when there was a bad drought, nobody washing their cars, really conscientious of your faucet, toilets and even flushing the toilet too many times.

besides the spanish commercial you showed as well, does it seem the message is getting out to californians to not use as much water? reporter: yeah, it is just beginning to come. that is coming down the pike. there are some waters in the reservoir which now are down by two-thirds, so it is all a question of looking forward to. if this process, it is even worse. jenna: i told my texas husband about the flushing thing and he didn't leave me. but it is real. thank you for confirming it. jon: thousands of criminal cases may be compromised because of a crime lab chemist in florida accused of doing. i live report on that straight ahead. plus american athletes arriving in russia for the winter olympics, but their big moment

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jenna: the athletes arriving but logistics are always a problem. report by the winter olympics start friday a and the u.s. athletes are arriving in russia but the u.s. state department's warning them not to wear team uniforms also the official venues, saying it could make them terror targets. the same goes for other americans traveling to sochi.

only six of the nine media hotels are fully operational. reporters are finding themselves with no place to stay or with rooms but no service. a new controversy. a russian pest company says it has been told to step up its extermination of stray dogs in sochi. there are thousands of them roaming the streets and some have written children. jenna: there is a twist you might not expect. thank you. jon: some outrageous allegations against a crime lab chemist accused of stealing prescription painkillers confiscated in drug bus and replacing them with over-the-counter measures. live with that story. reporter: is florida's own "breaking bad" episode. this chemist is accused of stealing thousands of pain pills

from evidence and substituting them with everyday over-the-counter aspirin and other types of pills. this chemist under investigation could have jeopardized thousands of florida and drug cases. florida law enforcers have been cracking down hard on prescription drug abuse in the past few years after the sunshine state earned the reputation of being the pain clinic capital of the country. in 2011, florida doctors prescribed 10 times more oxycodone than all other states combined. >> we have identified several dozen evidence submissions where prescription drugs were substituted with over the counter medications. >> the chemist who were free florida department of law enforcement at the pensacola crime lab has not yet been charged. he is suspected of stealing these thousands of pills to sell to other people or to use them himself or both.

2600 cases the chemist handled since 2006 are all now potentially compromised. >> we're going back and looking at each case that was worked, and we're going to the evidence rooms and sheriff departments evidence rooms and physically looking especially at the prescriptions to see what is in that particular package is in fact a prescription medication and not an over the county tablet. >> the chemist has not yet been named, he avoided up and is not cooperating and could actually take people convicted and certain time in prison right now and free them. jon: thank you. jenna: what has harry potter fans spitting out there drink? relationship between two characters she now calls a

mistake. we will reveal which characters next. [ woman #1 ] why do i cook?

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from jk rowling. said he made's mistake by pars the wizards. and she now grease with many fans that it should be about harry. >> does that mean another book? >> that's what they would like to hear. >> thanks for joining us everybody. >> fox news alert. a nationwide manhunt for a murderer that broke out of a state prison in michigan. police and fbi don't believe he is still in the state. michael david elliott serving life behind bars for four people. he used a kitchen uniform before his escape before kidnapping a woman.