and all part of their three- week tour of australia and new zealand. they are getting a lot of gifts for the baby. >> as babies are not to be. and we saw that with bubba wattson. >> and throw a baby in the mix it is fine. >> that's going to do it for us. >> have a great day, everybody. >> and fox news alert. a key dead line in ukraine and another government building falls to pro russian sources. >> the ukraine's interim president warning rebels that the military is about to get involved and that didn't stop the rebels from seizing the police station and calling on russia to help. hi, sandra, the situation in eatern ukraine is sounding like

what happen in crimia. and observers are frafrpgly surprised that it is turning this way. eastern ukraine is not a former russian region. forms of provocation are many including over the weekend, uss donald cook was buzzed a dozen times by a russian fighter jet. the pentagon called it provocative and unprofessional. and the administrative police station in eastern ukraine have been taken over by pro russian activist. this is a police station stormed this morning. and western government including the united states are saying it is too well organized and well armed with russian weapons to be just the work of disgrunteled locals. russia denies this. some people are appealing for vladimar putun for protection.

and this has supplied russians. and polls have shown only a minority of people want to join russia. many do want greater independent from kiev and what kiev will do is remaining an open question. there was a ultimate up for all prorussian protestors or militants to leave the occupied buildings by this morning. cove keef keeps talking about the swoeping anti- terror operation that they are going to conduct but so far nothing is happening except that the interim government appealed to the united nations to send in peace keepers. >> is it time for a tougher response in ukraine? one republican is blasting the president for not stepping up to the plate. >> we ought to give them weapons with which to defend themselves.

where is the president of the united states? should he be speaking forcefully and strongly and if they carried out further actions there would be further sanctions. so far we haven't heard anything. ambassador bolton is a fox nows contributor. and i wonder if i can skwchlt has the invasion of ukraine started? >> the preconditions are put in place. i think one of the reasons that putin is showing that he has the upper hand militarily is to increase his leverage over the government of kiev. he watched what happened when he marched the troops over the border in crimea which is nothing and he is on a roll. he sees europe and the united states not responding and he will push until someone pushes back. >> sant senator mccain suggest that the president needs to do

more. he's been focusing on domestic matters and the president has done little to prepar the nation of an escalated conflict. does the president need to do more and do we need to send in light weres and sanctions. >> and they are nickel and dimes and tactical responses where we lost the strat teggic initiative. and five years. the president hasn't paid attention to the issue. and what he does in the next 24 hours is interesting and so on. and until we get a grip on what our objectives are and the western europeans in line putin will continue to roll. it will not be sufficient to establish the deterrents. we have to make him feel pain captain russians have felt nothing but pin pricks.

nrussia media started to report that cia director john brenen was in ukraine on a secret mission. if that is true that the cia director was on the ground what do you suspect he was up to in >> i hope it is better intelligence for what is happening in ukraine. it is a perfect excuse now for the russians to make up a story that we are organizing subversive activities against russia. >> and what it needs for the president to pay attention to this. and how many calls has he made to other nato leaders in the past week about the continuing rise in russian military pressure. do we have an a liiance or not? >> and after the annexation of crimea. the president said the key for him. not the phrase red line. but the key is does russia go

beyond crimea. if russia goes beyond crimea was that like redline in syria. >> it was with the read line in crimea. and he got no resistance. the rest of those are pink lines. no one believes that obama believes in redlines. they are pink. and the president if he cares about not only the fate of ukraine but the other republics of the former soviet union. ukraine is the big prize for europe, united states and europe. if putin prevails here, the outcome of the other countries including the baltics despite the fact they are nato members is clear. it is what putin, he knows what he is playing for here. >> as you mentioned a moment ago. steps being considered are pin pricks and a lot of nato allies

said no nato or military action unless a nato country is attacked. but the bottom line, what do we do if the other steps are pin pricks and american people are wondering what we should do. >> denying russian business and financial institutions access to western financial markets? >> militarily there is nothing to do in the moment to prevent putin from prevailing in eastern and southern ukraine. if you don't care about changing border ares on the continent of europe, as the president said, there will not be more sanctions. and if you care about it, they have to be real. you have to take sdoesive steps and act like the leader of the free world and that means not imposing sanctions on russia but sanctions that make them feel pain. >> bottom line, ambassador, the

problem is our european allies are afraid that tougher sanctions on russia will boomerang on theiry comes. >> it is a tough question. who is weaker, who is weaker or european union or barak obama. i do not know the answer about the race to the bottom. >> thank you. nfox news alert. investigators in kansas confirming a short time ago, the shooting in the jewish center was a hate crime. it happen a day before passover. the jewish center and retirement complex. three people are dead. >> we have unquestionablily determined through the work of law enforcement aemgss that this was a hate crime. yesterday, it was apparent that it was probably a hate crime. we told you yesterday. we needed the verification of

investigation to make the determination. it is more than an opinion but a legal status. it took us a while to reach the triggers to say that we believe it to be a hate crime. >> a massive forest fire and dozens of people are dead. bottom line is, that the situation, you mentioned in kansas has been difficult as well. >> we have a bunch more to get. to we'll watch everything that is happening. and a massive forest fire raging out of control. and fire dproou crows can't get a hold of it. and tomorrow is tax day. >> yeah. >> and it could be for the irs, they might owe you a bundle of money and time is running out for you to collect. >> and top democrats turning attention away from obama care. >> and certain policies for the right reasons.

>> and you think your republican colleagues are racist? >> not all of them. but to a significant extent the republican base does have elements that are animated by racism. >> and you know, hy i got a new windows 2 in 1. it has exactly what i need for half of what i thought i'd pay. and i don't need to be online for it to work. it runs office, so i can do schedules and budgets and even menu changes. but it's fun, too -- with touch, and tons of great apps for stuff like music, 'cause a good playlist is good for business. i need the boss's signature for this. i'm the boss. ♪ honestly ♪ i wanna see you be brave still runnng in the morning? yeah.

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firefighters struggling to contain a deadly wildfires. crews battling the flames for the second day. the massive fire killed 12 people and destroyed homes. they thought it was contained yesterday, but it kicked back up as strong winds spread from hilltop to hilltop. 10,000 people were evacuated. >> certain policies for the right reasons. >> you think your republican colleagues are racist? >> not all of them, of course not. but to a significant extent the republican base does have

elements that are animated by racism and that is. >> but you know. >> a bold accusation from steve israel. it is not the first time we have seen the democrat bring up the issue of race in regards to the republican party. chris is host of power play on fox news.com. chris, he said not all of the republican colleagues are racist. there is that. >> the republicans should be happy, steve israel thinks some republicans are not promoted by racism in the political views and so they can take that. what is going on here? >> we heard this come up several times in the last week. >> to a certain degree, we have to remember steve israel's primary job. he has to get reelected. and he is also trying to if not retake the house from democrats.

he's trying to make gains and limit democratic losses. he's trolling republicans and calling them racist. but this is part of an overall democratic effort. and they were trying to do with the single female voters, now it is talking to black voters and insight fear can instill fear among base voters that normally you don't get to the polls in large numbers for those by any elections for the midterm votes. you better get out there. if you don't racist republicans will roll back your civil rights. eric holder, the day after a rough hearing back and forthwith republicans about fast and furious and other issues. here is eric holder. >> and last five years are defined by significant strides and lasting reforms even in the face of unprecedented and

unwarranted and ugly and devisive uncertainties. >> and he said no attorney tha. and he seemed to be clearly bringing race in the conversation. and that was a crowd in al sharpton network. >> is this about rallying the base. >> the president compares to the efforts of having voter id. and compares it to jim crow laws and the president talks about how the real voter fraud are are republicans who are trying to suppress votes, that is trying to instill the black voters that a republican take over would bode ill for their civil rights and that is charged rhetoric and gives you an idea of what democrats feel the need to do

given the difficult electoral circumstances. current indicator of how things go going with obama care and it suggest it would be a bad year and they are pulling out the stops early. >> what are the republicans doing to respond to this and b, should republicans push say immigration reform. and push the argument from steve israel that they are racist on the issue. and not only on the name calling but bring that issue up? >> and first thing they have to do is not get trolled or bite when steve israel wants them to come out and fight with them. that's number one. and number two, they have to do what they have been doing, reaching inside of different sides to say look, this is not only your grandfather's republican party or white dudes republican party it is broadened out and opened. and just the effort.

just the effort from rand paul and just the effort itself is worth it. just even if you are not getting votes, showing that you care makes voters feel like you are doing the right thing. >> we normally hear the ugly rhetoric in september or october. we are hearing it already in april. i suspect we'll hear more. >> you are right. >> we could learn if health care premiums will rise under obama care and by how much. first quarter are earnings are coin siding with enrollment. sign ups are still yet to be disclosed. and joining us is host of lou dobs. that is the health care law that is affecting us all this year. and now starting to look at

2015. that is where the sticker shock may be a reality. >> the obama administration is pressing hard. next open enrollment is in november. and they want to know what the premium rates are going to be and whether or not we are going to see a alteration in the obama care model. and we are going to have united health care will report their earnings and we'll get a sense from them at that time. and we'll be seeing all of the other insurance companies following through through the middle of may. in may we'll find out how much the premiums will rise. and the betting after watching these health care providers, insurance providers post 50 or 70 percent improvements and the stock price over the course of the past year, we'll see really, really top premium increases for those who are thinking that

obama care is a solution rather than a continueiation of the problem. >> lou, many health care executives say we don't know the demographics. and so it is up in the air. >> the age is unknown. i find it astonishing that seven and half million people sign up for obama care and they don't have basic data or metrics on which to make a judgment. as you know, they don't know the age or condition, that is how expensive are the preexisting conditions that the folks have brought in to a vast pool under obama care. what we are seeing, initially, the model is upside down. and they expected 40 percent to be the young invincibles.

and they would be paying for obama care and elderly who require more expensive care. it is only somewhere. government estimate and that is 15 or 25 percent instead of 40 percent. and that means tremendous burdens and stresses on obama care. >> lou, we have them reporting later this week and insurers next week and we'll start to get a clearer picture. >> great to be with you. >> a billion dollars is waiting for people to claim it. >> tornados and where it touched down and the damage left behind and twisters are not the only nasty weather out there. how about golf ball size hailed? all part of a powerful storm system making its way in the country. what if a photo were more than a memory?

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fox extreme weather alert. strong storms sweeping through the middle of the country. three twisters touched down in oklahoma. no reports of injuries but it brought down the power lines and this is in love lady, texas. heres was one of three mobile homes after a possible tornado. the woman is expected to be okay. >> nearly $1 billion. that's how much american taxpayers are leaving on the table in unclaimed returns. the deadline to file your 2013 taxes and claim money from 2010 is tomorrow and hope it is on your calendar.

and how can you be sure uncle sam doesn't owe you money? >> you have to take responsibility. people for the most part hate paying taxes? there is a million folks who paid uncle sam money that they don't owe to the government. 760 million because so many people didn't file a return. after three years, in 24 hours, that money becomes the government. who are the folks most likely to be owed. students who maybe had a part- time. and had with holding and department hit the threshold and don't know they paid the government. retired americans and low income workers and didn't claim the earned income tax credit. you can get money back. 5,000 for some folks and tight states, california, because of population.

and texas and new york. and the highest average returns. this is interesting. alaska 649. and wyoming 648. and washington state. 640. and we talked with james robertson. of h&r block. it mains him to so so much money on the table. npart of my mission to make sure the money that is owed, they owe as little as possible and they get the refund. and it does disa point me when people don't file the return and get all advantages they k. >> and so what can people do about this? >> only thing to do fill out and file the return. all of that money will be gone. use a tax preparer to do it. it can cost 200. and if you go back even if you have filed a tax return.

some people miss the child tax credit or dependent care credit. and that applies to mom and daughter and son. and educational and job hunting costs. and remember, and keep this in mind. there is no penalty and if you are owed money. if you do owe money that is different. 760 million is left on the table. that is nothing for 2013 that could top a billion dollars. tweep now and midnight tomorrow. fill out the returns. >> every dollar counts. john roberts thank you for that. >> and out coming hss secretary kathleen sebelius speaking out. the timing of the departure is called in question. >> and the new phase for looking

for flight 370. >> the current depth right in the rated maximum. and that is i court reporter. that's what it is rated to operate to and any time you push to the limit you are concerned about the performance. t! [bell rings]

this...is jane. her long day on set starts with shoulder pain... ...and a choice take 6 tylenol in a day which is 2 aleve for... ...all day relief. hmm. [bell ring] "roll sound!" "action!"

>> time for a quick check of the head lines.

bond stays for the hit and run driver who killed one child in a day care. prosecutor wanted the bond razed saying the man was a flight risk. >> the rocket will blast off to resupply the international space station. a computer threat eped the launch but nasa decided to stick with the plan. will and kate touring new zelapd. they are opening the new visitor center. they are spending three weeks in new zealand and australia. and they dropped a hit that there may be a royal baby on the way. >> i think it may have been squashed. >> i heard an old rumor then. >> the hunt for malaysian flight 370 taking a turn. search crews will send robotic submarines in the deep part of the indian ocean.

crews picked up under water sounds. but they haven't heard any pings since tuesday. the editor of military.com. i thank you so much for joining us, sir. how would you describe the new technology? >> it is an unmanned underwater subas you said. it will take over where that towedpinger and found a ping and it was six days ago. we think it is the black boxes have run out of the batteries and map the sea floor in the area where the pings were heard. >> the understanding that the area which they are looking is several miles deep. how deep can the submarine go? >> like you said in the lead in to the commercial. this reaches the limits of the capabilities of the blue fin 21

which is 15,000 feet and that is dope as the ocean gets and that will test the capability of the device. >> this takes some time to deploy the submarine. and we are not talking about results in the couple of hours or day. it takes time. >> two hours to get to the sea floor and searching 15 square miles where the wreckage might be and that takes two more hours to get back to the surface and four hours to study the data. each mission will take 24 hours and as you said. it will not be forth coming soon. >> how confident are you that this would be the step to finally finding debris in the ocean, will this be effective? >> i think it is the last step we have got. my confident as a naval aviator and done search and rescue for crash sites, the fact that we haven't found anything today

makes my confidence minimal. and it is probably caught up in a deep undersea canyon that takes searching. >> and this compared to satellite image row of the ocean at times when they thought they spotted debris on the surface. what kind of imagery can we expect out of the upperwater submarine? >> it will look like a computer generated image and shapes and same thing when titanic was found. it will not look like a ramp plane. but if they find it, it will be obvious where what it is. >> out of your prediction, various parts of the fusel auj. would we so them in a close knit area or do you expect the debris to be spread.

>> my theory was that the airplane was intact when it hit. whatever you can find will look like a jet. that is my theory. >> thank you for your insights. >> clearly the estimate that it was ready to go october 1st was flat out wrong. >> a candid admission by outgoing hss secretary kathleen sebelius. she insists that is not why she is leaving. the president and foundert of the new democratic network. and. lars. you must be happy and excited. finally accountability? >> in what sense. she will not say she was fired when i understand the symantices of washington. you submit your resignation and the boss accepts it. president obama didn't try to

talk her out of it. and this was hear plan in the long run. i think it is pure balonnie. this woman didn't know prior to october 1st it was not going to work. and if she said she did know prior, why department they come to the public and say we can't roll it out until the first of january or march and make the thing work before you impose it on mefrns. and they set a dead line and many times when the federal government or state government sets a target they miss it and they miss regularly. >> simon, jump in. right up until october 1st. a whole line of officials and jay carney and the president of the united states, it is likeammazon.com. here she is, well, actually we were not so sure. >> yeah, i don't think it is news that it was a bungled roll out.

it is part of history and her legacy. and she got it launched. she was there when it was passed through congress and got it up and running and it is in better shape today. and like other start ups. and now time for somebody else to take it from here. sylvia burrwell is talented and i know her well. it is the right time for it to happen. nla rs. you can respond to that. but what is the next move of republicans. repeal and that doesn't work. >> it hasn't worked because the u.s. senate will not consider. it and the president wouldn't sign a bill to repeal. there are sensible proposals. dr. brown of georgia has a free market replacement. and if you think the roll out disaster over. millennials are not signing up and costs are higher for the

insurance companies and rev nows will be lower and premiums will go up again and buyer's remorse. imagine the millennial who signed up and the irs come punish you when you didn't. they are paying throw or 4 or 500 a month with a deductible with 6,000. every time they go to the doctor they pay the full tab and hard look at the policy and say this is not doing me good at all and costing me hundreds a month and every time i go to the doctor i pay full tilt. i am not going to pay anymore and that will come apart. >> and simon, i was in the rose garden and the president said there were first quarter miscues and what counts is the final score and there is more than 7 million sign ups.

he suggests that the white house is winning. isn't there a long way to go. >> there is a long ways to go. lares and his colleagues should be careful with making predictions. and we'll know a the lot more. and people are going to be using their plans and what is interesting. a lot of people have been covered since the beginning of the year. it is not like people are just getting insurance. there are millions of people starting with january 511st. and we haven't heard or seen that reported in the newspaper. there are not people coming out. i was blown out of my deductibles. it is possible that happens, but so far, i would counsel lares to be careful >> i don't know if he is taking. it you are not. >> and are you caution is advised. >> what we are not wrong about? it was a disaster and we said it

was. >> and fact that simon said gee, the mainstream media doesn't say it is a bad idea. you are right they are carrying water for the president. >> simon said we have to get going. >> thank you. and come back more often. >> fair debate there. and the federal government backing off. and it is a battle that is not over yet. what happens now? >> and oscar pistorias back on the stand in the murder trial of his girlfriend and facing a grilling from a pit bull. could his emotional out burst affect the case. >> who do you blame? >> i blame myself. >> you at least blame yourself for an exit. >> which is what. across america, people like basketball hall of famer

dominique wilkins, are taking charge 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 works differently than pills, and comes in a pen. and the needle is thin. victoza is an injectable prescription medicine that may improve blood sugar in adults with 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. >> happy monday.

coming up. the feds blinked in the kalts ranch show down and the battle is far from over. they spoke out and have one clear message from the federal government. you think you paid too much in taxes, you are not alone. 20 percent of all americans pay 90 percent of the income taxes. and tweeted something to a major airline and so what did she say, find out on the real story in the top of the hour. >> new concerns that oscar pistorias may influence the judge in the murder trial. he claimed he fired at model reeva steenkamp because he thought she was an intruder. and the athlete broke down repeatedly on the stand. >> enough, enough. you have to get a lot.

and you know one you know exactly you fired at reeva. the other version of yours cannot work. >> not true. >> why are you getting emotional now? >> i did not fire at reeva. >> let the witness emotional moment. >> and we'll bring in our legal panel. doug, i want to start with you first. looking at oscar pistorias sobbing. we have seen them stop court because he is crying and he's thrown up and been on the stand six days, is this effective as far as the prosecution is concerned giving him this amount of time to give him time? >> it is unusual scenario

particularly for the american trials. and it is interesting and david had said this previously. and had the prosecutor making miniature speech was not telling the truth and not fair and straightforward. the big point is, it is not a jury trial and we don't think it has an impact on the judge. >> and should his demeanor have impact on the judge. >> it shouldn't, but at this point, the prosecutor harassed and harangued him so much so it would not be allowed in this country and considered argumentive. and the judge is affected and told him on several occasions, stop doing this to him. you are not there to tell him he's lying or to tell him he's evil. he's there to get the truth and right before the break. the prosecutor saying will you

admit that you caused this accident, mr. pistorias. i will admit that and thank you very much, mr. prosecutor, that was an accident and not a criminal act. and that will help the defense tremendously. >> remember, this is not south africa or in america. our court system would look different for a trial like this. but this prosecutor known as the pit bull and has appeared theatrical and sarcastic. and this is unusual for the south africans to appear this way. >> i think it is more the objective reality thanes inially the prosecutor's tactics and i agree with david ill advised on many levels. i have been a prosecutor and cross examined a lot of defendants in criminal trials. but get back to the law.

was he reasonable in his belief he was about to be attacked. and that is a strain on this. when you take his own words, sandra and david, i thought it might be an intruder. that fails the test. that is the problem here. >> david, would left. would you advise that he stays on the stand in this condition? >> i would. because i think the substance of his testimony is great. he takes his stance from the reasonable severely disable man and when he heard something opening the bathroom, the window open, he knew there was an intruder. he knew if he didn't take action, get the drop on the intrud intruder, he himself would be killed. it is not just your regular person who is fully able bodied. that's why i think it is good testimony for the defense. >> david, doug, thank you so much. we are keeping a very close eye on the breaking developments in ukraine. white house responding to word a russian plane "provoked" a u.s.

navy ship in the black sea. plus, a brewer backlash over a proposed fda regulation. the new rule that could hurt beermakers. that's dangerous. ♪ proud to stand on our own. ♪ proud to be homegrown. ♪ a familiar face ♪ and a name you know. ♪ can you hear it? ♪ fueling the american spirit. ♪ no matter when, no matter where, ♪ ♪ marathon will take you there. ♪ with the marathon visa credit card, you could earn up to 25 cents per gallon off all your marathon purchases. who would have thought masterthree cheese lasagna would go with chocolate cake and ceviche? the same guy who thought that small caps and bond funds would go with a merging markets. it's a masterpiece. thanks. clearly you are type e. you made it phil. welcome home.

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beer brewers are speaking out against a proposed fda regular. >> reporter: we're here at revolution brewery. like most brewers, the owners say that these proposed regulations are a solution that simply is looking for a problem that does not exist. for centuries brewers have been using the spent grain that is left over from the brewing process and giving it to cattle

farmers to be able to use as cow feed. not only are the spent grains cheaper than cow feed, the cows seem to like it better, too. they produce more milk after eating it. so it is a great deal for cow farmers and it means breweries don't have to pay someone to instead take it to a landfill. saving both parties hundreds of thousands of dollars a year. the proposed regulations would likely end that though by requiring spent grains to be treated is same as pet food making it much more costly for brewers, dairy farmers, and eventually customers all across the nation. >> we're trading, giving something of value to each other and working it out. i think that's one of the great things here. people really hate to see the government getting involved in something where they can just as easily stay out of it. >> reporter: there is still a chance that could happen. the fda has been flooded by comments from dairy and cattle farmers along with brewers and

distillers and now by several members of congress as well that are asking the administration to reconsider the proposed rule. the fda says it is working to address those concerns and will make a final decision some time next year. >> you've made me very thirsty. i'm glad the show is almost over. >> reporter: glad to help. >> all right. well, did you see this one? pope francis departing from his palm sunday homily script. >> he did something unprecedented, he posed for papal selfies. >> everybody's doing it. >> even the pope. david ortiz. okay, listen up! i'm re-workin' the menu.

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pope francis marking palm sunday in a whole new way. >> the pontiff going off script at his homily delivering off the cuff remarks calling on those in the crowd to look into their hearts and how they're living their lives. after that, he posed for

selfies, of course. obliging the crowds of people who are gathered in st. peter's square wanting that take pictures with him. at one point even hopping off his pope mobile offering to pose for some. >> thanks for watching. ed henry. >> thank you for watching. i'm sandra smith. here's gretchen. fox news alert now -- police now say a shooting spree in kansas that left three people dead including a 14-year-old was in fact a hate crime. hi, everyone. welcome to the monday edition of "the real story." i'm gretchen carlson. police say a man in his 70s opened fired in a jewish community center killing a doctor and his 14-year-old grandson. they were attending auditions for a teen singing competition. officers say after the shooting that same man then went to a jewish assisted living home killing another woman. >> we have unquestionably determined through the work of local and federal law enforcement agencies that this was a hate crime. no