bill: vanilla. martha: everyone at home are going, she is so vanilla. bill: o'reilly. she needs a free copy. make it happen. martha: happing starts right now. -- "happening now" starts right now. shannon: texas hospital faces serious questions about the first person diagnosed with ebola because the first time he came in sick they sent him home. welcome to "happening now." i'm shannon breen in for jenna lee. david: i'm eric shawn in for jon scott. dozens of people may have been exposed. thises is thomas duncan's family members are ordered to stay home. that hospital, texas health presbyterian is in dallas. duncan came to the hospital last week and according to reports he told nurses he returned from west after from can't. they let him go with those antibiotics. we're watching a second scare in

hawaii. that where another patient they say is isolated. according to a message in hospital staff, is showing symptoms they say are consistent with ebola. john roberts has been watching developments from atlanta where he joins us now. >> reporter: good morning to you. let me pick up on the hawaii patient for a second. out of abundance of caution, like some other patients that one has been isolated of the my contacts at centers for disease control don't believe that case will turn out to be the like the one in dallas. now to the dallas case, the dallas public health authorities are looking for as many as 100 people, 100 people who may have come in some sort of contact with thomas eric duncan from the time he landed in the united states on the 20th of september and time he was put in the hospital on the 2th. they do believe the actual numb contacts will be significantly lower than. that you mentioned this order for the family to stay late at home. that came last night. zachary thompson, head of dallas

county hhs was very stern, we have recommended very strongly to these potential patients, family members of thomas eric duncan to stay inside, stay out of the public. we're getting indications they may not be so inclined to do that. so we may have to take more significant measures. late last night public health officials did that. they issued order for them to stay inside, out of the public until the 19th of october which is end of 21-day potential incubation window. we're looking -- learning about the huge ball that was dropped. those are not my words. those are the words of anthony fauci head of intuesday of national infectious disease at texas presbyterian hospital. thomas duncan came in late thursday night the 25th. claiming he didn't feel well. he told the person that took him in he just returned from liberia. that was not passed along to doctors. what is most ironic, that hospital a week prior held ebola

procedure review exercise. when an ebola patient walks into the hospital, they send him back home. dr. mark lester, is the hospital official. here is how he explained it yesterday. >> the overall clinical presentation was not typical at that time yet for ebola. so as the team assessed him, they felt clinically it was a low-grade common viral disease. >> reporter: so they didn't treat it like it was potentially ebola. what they did do gave him antibiotics doesn't really fit because antibiotics don't work on a virus. the fact the word was not passed a week after the exercise raising a lot of questions. then there's this. four-days before he left liberia, according to article in the "new york times" from monorovia, he was helping transport a young woman who was desperately ill with ebola to the hospital. then back into her hope, he actually according to new york time, carried her into her home where she died several hours later. and then he four days later got

on a plane and came to the united states. they are supposed to be asked, people traveling out of liberia, first of all, do you have a fever? they're checked for that. secondly, have you been in contact with anybody who potentially had ebola? obviously something fell through the cracks. here is what we know about his travel. he lent from liberia to brussels, belgium and dulles airport, just outside of washington and on to dallas, texas. this was on two united airlines flight, 591 brussels to dulles and 822, from dulles to dallas. united airlines, this was on the 20th of september. united airlines said anybody who is concerned about being on the flight with this fellow, please contact centers for disease control. eric, there are some things about this case that do not make sense. it really has a lot of people questioning whether or not all the safeguards are adequately in place to protect us. david: raising a lot of questions whether there should be a travel ban and whether people coming here or potentially could suspect they have ebola to get treated here

in the united states. john roberts. thanks so much. >> reporter: thanks, eric. shannon: eric, we're watching a rare respiratory virus sweeping the nation called entaro virus. it led to the death after 10-year-old girl in rhode island according to health officials. her parents took her to the hospital for severe shortness of breath. she eventually died of a staff infection. the health department initially told them it was not related to entaro virus but confirmed it cast -- enterovirus. the virus pretty much has shown up nationwide. contract dc reporting 500 people in 42 states, most of them are children with a history of respiratory problems. four people are now known to have died from the enterovirus. david: shannon, new fallout this morning from the resignation from the director of the secret service. as we reported julia pierson stepped down one day, or actually a day after she testified before congress.

during the same day when the white house gave her a ringing endorsement and changed their minds a few hours later. this of course following a series of shocking security lapses that involved the president and his family. a new investigation is underway now into exactly how that guy, see him sprinting across the white house lawn, running, right into the front door of the white house. how did he do that? how did he get so far, before he was tackled by an off-duty agent inside of the white house, next to the east room. all this of course, sparking potential calls for changes in the agency that protects our president. chief congressional correspondent mike emanuel with the latest from washington. hi, mike. >> reporter: eric, after bipartisan calls for change in leadership at secret service now there are bigger issues such as fixing the underlying problems. julia pierson's resignation was accepted sometime yesterday, effective immediately after a rough appearance on capitol hill tuesday. and there were the embarrassing security breaches in september, both one in an elevator when

president obama was at the cdc in atlanta. and then the white house fence-jumper. many lawmakers are calling for a blue ribbon type commission to take a top to bottom look at secret service. >> we need an independent, outside commission to look and investigate into the secret service to find out how can we restore the fidelity and integrity of this agency. >> when we return in november, the bill will be officially filed. i do believe the administration would be supportive of this legislation as well. so it is my sincere hope we can get this done by the end of the year. >> reporter: the obama administration quickly name ad familiar face to lead the secret service on an interim basis. joe clancy is a former special agent in charge of the presidential protective division and regularly seen next to multiple presidents. on "fox & friends" the 43rd president weighed in on joe clancy's qualifications. >> i know clancy very well. he is a good man. i trust his judgment a lot.

and, joe is, joe will do a good job. >> reporter: former obama administration senior advisor axelrod tweeted his support, quote, i knew joe clancy when he led the presidential detail. you could not find a better person to repair the secret service. clancy has interim title but a lot of people who know him well believe he would be a great person to fix that agency. eric? david: mike, thanks so much. shannon? shannon: weeks before the midterm elections with control of the senate at stake rnc chairman reince priebus is unveiling new talking points hopes will help his troops on the campaign trail. in today's "wall street journal" karl rove writes, quote, as useful as mr. priebus's 11 principles and language are they are offered with 33 days left for candidate to adopt, adapt and deploy them before election. of course even if they had been rolled out months ago the gop would face difficulties presenting a coherent national agenda. it is always a challenge for the minority party to offer

disciplined, galvanizing national message without control of the white house. karl rove joins us now, former senior visor to president bush and fox news contributor. karl, good to see you this morning. >> morning. how are you? shannon: let's talk a lot about this. focus on economy the republicans think will be good. president days ago in the "60 minutes" interview, ronald reagan asked how better off than you were four years ago. he says thinking six years after, there is a poll americans think otherwise. is that good for the gop? >> it is. look at recent "gallup poll," margin of 49-40, americans belief the republicans are better able to keep americans prosperous than democrats. that is one point better than in 2010, which of course was a tsunami in favor of the republicans. interestingly enough, also that same "gallup poll" found by 55-32 margin, americans felt the republicans were better able to

deal with threats to protect the country against threats of terrorism and military threats which, obviously with isis, this issue has zoomed up the scale of importance this year in the elections. shannon: all right. part of the principles that are being offered talk about our country should value the traditions of family, life, religious liberty and hard work. that may not be the thing that drives the mtv generation out to the polls but you know, they're not usually showing up in these midterms anyway. sound like kind of language to traditional older voter that would very much ascribe to those particular values and value set. the ones who would get out and vote in an election like this one? >> i would be careful about that. what they did, they took sort of, you know, of timeless expressions of republican principles. then they took language that republican candidates and officeholders used to describe those principles. and those issues. they tested that language to find out things republicans

saying about these things which would have biggest impact with independent voters and republicans? what would sway independent voters and mobilize republicans. so the language in things like for example, hard work, and family, these have applications across, across the age spectrum and acros idealogical spectrum among independents and republicans. so i'm not certain i would say this is skewed. they didn't go out and deliberately say, all right, who will turn out and vote this year? they tried to say among republicans and independents, what are the things we tend to say as republicans tend to work better than other things we say. shannon: we all know there is a ton of money being poured into all these races from all side but there are states that we're tracking in on of these critical make-or-break senate seat races where the dems are outspending five to one or 10 to one against some of these gop candidates. will these messages be enough to cut through all those dollars? >> well, the message matters a lot. yes, in some instances you know,

you don't need to outspend your opponent. you need to have sufficiency of funds. we're in the a place any of these states where i'm aware we have like 10 to one. in fact, in full disclosure today, american crossroads, a group that i'm associated with, announced would increase buys in colorado, iowa and new hampshire in order to even these up. during the summer the democrats did have a spending advantage, $59 million in television advertising to 54. a couple of weeks ago they had an advantage in the labor day to election day of 109 to 85. but that gap has been narrowing as groups like crossroads and as individual campaigns on the republican side have stepped up their efforts. for example, in iowa this week, not only did crossroads announce it was buying million 1/2 dollars worth of television but fund-raising reports came through and joni earns, the republican candidate, raised i think 3 1/2 million dollars and her opponent, the democrat

raised, 2 1/2 million dollars. so in some instances we're seeing some very strong performance by republicans starting to even up and narrow this fund-raising gap, the funding gap the democrats have. message matters more than -- you can have all the money in the world. we've seen candidates with gigantic wallets with pa threat it i can messages and it didn't help. shannon: just a month to go. we'll see. karl, thank you. >> 33 days, not that anybody is counting, shannon. 33 days. shannon: we're not either. thanks, karl. david: midterms just around the corner. the question of course as carl was addressing, will the balance of power in congress change? well that is up for grabs. ing up we'll look at fox news polls and tell you what voters are really worried about and what it will mean for our future. we want to hear from you. will republicans win the senate in november? how many seats could be up for grabs. our live chat is up and running, go to foxnews.com/happeningnow.

click on "america's asking" and you can join the conversation. prosecutors are deciding whether to file charges against the wife of this man a california mayor shot dead in his home. investigators call it a shocking case of domestic violence.

shannon: right now a look at some of the crime stories we're following. we start in oregon where a judge just sentence ad naturalized u.s. citizen from sew mail yaw, giving him 30 years behind bars for trying to bomb a tree-lighting ceremony in portland in 2010. l.a. county district attorney is deciding whether to file charges in the shooting death of the belle gardens mayor. they call it domestic violence and his wife has been questioned. she has not yet been charged. walnut creek, california, police are searching for a sneaky lunchtime thief. check it out. caught on camera, rifling through a woman's purse and

taking cash and credit cards and putting wallet back without her noticing. the thief went on shopping free ringing up thousand dollars on those stolen credit cards. david: right now the looming midterm elections. we're getting new numbers, shedding light on political state of play and how that could affect elections results. according to latest fox news poll, 55% of registered voters disapprove of president obama's overall handling of the economy. this as he prepares to give major speech on the economy later on today. outpacing concerns about terrorism, health care and social issues. will the economy flip the senate? perhaps lay a new path for the white house in 2016? joining us is a.b. stoddard, associate editor and columnist for "the hill." charlie hirt columnist for "the washington times." charlie, let me start

with you. in 1992, james carville said it is the economy, stupid, and help the hillary clinton get white house. ronald reagan said are you better off than four years ago. we know what happened with that. will this issue haunt democrats again? >> absolutely there is no question about it. "fox news poll" and ap poll bear that out quite nicely. but i think, it is even harder slog for democrats. if you look into that, to those polls, what you see is, that yes, the economy is the number one issue and remains the number one issue but it is also being joined by a lot of other issues as well. and, you know, foreign policy, terrorism, and in a, sort of undercurrent way we now have this whole ebola crisis which adds to sort of uncertainty among voters. and, it has an element of immigration and other foreign issues tied into it. it is turning out to be sort of

across the board nightmare i think for, for democrats both in running for house races and in the senate. eric: ab, look what charlie listed off, ebola, terrorism, everything else. is there sense of anxiety besides the economy that can play into this? >> yes. what the polls are telling us that everyone is feeling badly about everything. there is not one issue that is going to get democrats into the car to vote on election day. if you're in democratic party right now, trying to mirror the ground operation that president obama pulled off in 2012, much to the surprise and as strong nichement of republican party and mitt romney campaign to win that night, this will not be that same electorate. there is no goodies to offer. yes, minimum wage is majority issue. most voters who respond to polls want increase in minimum wage. you don't see democrats getting into the car on election day, because they belief democratic

senate will pass a minimum wage increase. so if you look at way they feel about the economy, six years into the president's policies, their life isn't getting better. wage disparity, income disparity is growing. middle class is shrinking. look how they feel about crises abroad, ebola, people who supported immigration reform was so mishandled there is no motivation and that is the democrats problem. eric: look at president obama's job performance is going south. only 40% approve, 52% disapprove. when they're asked about the economy, are they better off now than in 2008, 58% say they're not. man, oh, man. ab, charlie. we're out of time. we'll have to see what happens a few weeks from now. thank you so much. >> thanks, eric. >> thanks. shannon: eric, a breakthrough in the battle to free a u.s. marine jailed in mexico. why lawmakers here say he could be coming home very soon. we have brand new details. (male announcer) it's happening.

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eric: that u.s. marine jailed in mexico since march could soon be coming home according to members of the house foreign affairs committee. they have been working to try to free sergeant andrew tahmooressi. well, the mexican attorney general says he can be released once mexico gets proof of tahmooressi's medical condition. the marine veteran suffers from posttraumatic stress disorder n court his attorney rested his case yesterday. >> i think the, violations will result, incurred by mexican customs will result in the exclusion of key items of evidence, such as the guns, the vehicle and the ammo, and i think we'll get a ruling based on that. eric: his plight has caused anger and outrage across the

country. he said he made a wrong turn at night, mistakenly crossing the border with legally registered guns in his truck. look at the crossing, way it looks like now. he said it did not look like that when he made the turn. it has a much larger and visible sign. shannon: overseas now as u.s.-led airstrikes pound isis targets in iraq and syria, there is word militants are advancing. they're reportedly closing in on the town of kobani, an area under assault for the last few weeks. it sits right on the border with turkey. now as turkish soldiers and tanks take up a position along the border there its parliament is taking up a motion that could authorize military incursions into syria and iraq against isis. joining us now, jillian turner, former member of the white house security staff under presidents bush and obama. good to see you today. talk about how critical the border is and how this may wind up formally drawing turkey into this entire coalition operation

against isis? >> wealth turkish government has already signaled its participation in the u.s.-led, anti-isis coalition. the big decision, the primary decision that remains to be made today by the turkish parliament is whether or not they're going to get involved medical tearily but it is important to note that ther dough juan administration is cooperating and coordinating with the u.s. government and u.s. military on the ground. they're sharing intelligence and all kinds of very important information. shannon: obviously it is complex on some levels with so many of the countries there. let's talk about turkey. if they join in this militarily they have other incursions and potential wars they're already involved with as well. >> well, look, they're facing tons of pressure from the united states, from the international community and from the kurds to get involved in this war but ultimately it is going to have to be a decision they make. as you mentioned, based on their

own unilateral snags security interests. they will have to make that decision on their own timetable. they're really caught between a rock and a hard place here. if they do decide to get involved militarily, it is going to mean the government of turkey is involved on multiple battlefronts simultaneously. they will be focused keeping together the peace agreement with the pkk and ultimately maybe having to face battling the pkk internally. and isis externally in syria and iraq. so it is very difficult. shannon: yeah. we see a lot of parallels in syria as well where there has been ongoing civil unrest, a war there taking 200,000 lives. we have the free syrian army. there was hesitancy for a couple of years to arm them or help them in substantive ways. as they're battling assad regime and didn't get a whole lot of help from the u.s., at least concrete help they were asking for, now we're asking them to help us fight isis. so again that is going to

stretch them in two different directions but now at a time u.s. really need them do you think they will feel the love? >> well, look they have made incredible strides towards helping us so far. the erdogan administration as you mentioned done a tremendous job harboring over one million syrian refugees that have been just pouring across the border. they provided refugees with everything from food and shelter to medical attention. we're hearing even education, setting up these sort of interrim, tempor for children. so that is one very important way that they're helping and are going to continue to help no matter, regardless of the decision that's made by the turkish parliament today. >> jillian turner, thank you so much for your time. >> thanks for having me. >> eric? eric: shannon, voters in two states carried by president obama might help republicans win the senate but there could be a mutiny they say in another state that usually is reliably red. we'll fill you in coming up.

this is no movie script. american agents on a secret mission to a foreign country to help rescue a teen who has not been home in more than a decade. >> living on the run as a fugitive in another country is one thing. but when a parent takes the child, to a foreign country, that is certainly no way for a child to live their life.

shannon: the president set to speak in his home state of illinois later today comes as a tight race for governor is unfolding there. mike tobin live in evanston, illinois. hi, mike. >> reporter: shannon the president is here for a speech and fund raise for governor pat quinn, formerly the lieutenant governor under rod blagojevich. he is a incumbent locked in a neck-and-neck race with a political newcomer. we don't have any pictures of governor quinn with the president. unlike other democrats who are reluctant to be seen or keeping a distance from unpopular president, governor quinn is embracing president obama for the fund-raising. michelle obama even cut a radio spot for him. >> they do us proud. they stand for progress. they stand for doing the right thing. i'm with the president all the way. you know, just, fact yesterday, being with so many people who got health coverage of the president's courage in getting that last passed. >> reporter: quinn is up against republican bruce browner, a

wealthy financeer who spent a lot of his money on the race promising to make illinois more business-friendly. the race is focused on underfunded pension and dismal credit rating got little attention. quinn is leaning heavy on big names like the president here today. michelle obama expected next week and expected visit from hillary clinton in the future. shannon? shannon: mike, thank you so much. eric: illinois is a hot senate race, governors race there are also a lot of other hot races around the country they say could potentially flip the senate to the gop. election guru larry sabato's crystal ball forecast for the university of virginia center for politics. odds are break for republican in two states that president obama carrieded, colorado and iowa. cans say, roberts is.

can the senate flip? what will happen? predictions angela mcglowan, political analyst and basil smikal, political consultant. angela, start with you as president george h.w. bush used to say the big mo used seems to be for republicans. >> i think agree that the republicans will take over the senate. talking about kansas, it is eternitity away from the election day, greg orman, doesn't have name recognition, have 11% of the voters there are undecided. so if pat roberts actually educates voters that greg was a democrat in 2008 when he ran against pat. also he supports the president on obamacare. he supports gun control. and he was a contributor to the president, i think that pat will do very well on election day. eric: basil that is really wild race. democrat dropped out. >> that's right. eric: do you think robert will pull it off in the end or bee defeated. >> i actually am not sure.

i think it will be very, very close. a lot hinges on where voters think that orman will caucus, whether he caucuses with republicans or democrats. and it is interestingings because i don't know if he can actually feel comfortable caucusing with republicans given kinds of ads thrown against him. but i think it will weigh heavily in voters mind just how much, where he will actually caucus. i think a question he will have to sharpen as we get close to election day. eric: really important when talking about the senate. angus king, independent with maine, caucuses with democrats. but said if the republicans take over the senate he may caucus with the republicans. angela, look at another state, iowa which has been solidly democratic. tom harken retiring there. they thought the democratic candidate would be a shoo-in. man oy man, latest poll, republican joni ernst pulling six points ahead of bruce bailey. will she keep that lead. >> she will keep that lead. she did a great job in the debate. her opponent tried to go after her she got money from the koch

brothers but, joni went after her opponent saying you've supported president obama and you have liberals in california that are supporting you. and she put her opponent on defensive. eric, when you run a political campaign, you always want to put the opponent on defensive. he had to say he was not going to oh barack obama anything. i think she will do well. eric: braley, basil, does this mean braley goes down, what does it mean for hillary clinton in 2016? she was just there, telling everybody, i'm back? >> it is interesting that you bring that up because i was going to say that i think part of why she went there, it may not just be about her ambitions in 2016 but also, trying to re-establish a democratic infrastructure in the state where ernst has sort of taken over the narrative. my guess is that ernst will win that seat and. >> wow. >> you're very welcome. that is my one little concession for the day. but i it looks good for her and

and i do think, for democrats in 2016 hillary clinton, or not, it is going to weigh very heavily on the infrastructure there to try to bring that to, try to bring that state back to the democrats. eric: you just said that you think that the republicans will win that state, two weeks after hillary and staged that extravaganza? bill clinton there, they're all holding hands. angela, what happened? they're turning on hillary before she announced? >> i think failure of democrats when they controlled the house and senate, the fact we have a peoplic economy and you have candidates, running, eric from this president like the plague. look in colorado. udall is behind and in 2008, it was barack obama, the first black president, was nominee at that time. accepted his nomination in denver. now seems like that democrats are going to lose that state. eric: are they running from the democrats, basil? >> here's my thing on this i actually think that a lot of the

candidates this year that should be adopting more of what the president has done, more of his success stories, they're running away from it. >> what success stories? >> i think it has been a mistake. for example they could be talking a lot more about obamacare but they're not. >> that is not success. >> listen -- i think it actually is and i think it actually brings out more of the democrats base but they're running away from it. i think they should be using michelle obama more in states like west virginia and north carolina and georgia where -- eric: she doesn't want to go out and do that. >> where you have a lot of woman could turn the vote for democrats but they're not doing. that they're using clintons a lot more. so i do see many solve those errors that the white house is making in terms of getting the president out there. but i guess their calculation is, he is not as popular as he could be. >> basil the only thing president has been successful as as a fund-raiser. obamacare is failure. we need, take as billion dollars to actually revamp the website again and again and again?

come on. eric: angela, he did kill usama bin laden. angela, basil, thanks for being here. >> right now we're learning more about a secret mission involving federal agents rescuing this young woman in mexico. after she allegedly had been kidnapped by her mother in 2002 who did not have custody. she is reuniting with her father 12 years later. william la jeunesse in los angeles with the story. amazing. >> reporter: yeah, but she will not see her father quite yet, shannon and here's why. since she was four years old, her mother taught her to hate her father, claiming he was a wife-peter who committed suicide. all a lie told by dara lawrence, who in 2002 picked up sabrina for visitation and never returned. little sabrina last words to greg allen, daddy, don't every forget me. she went to mexico, got plastic

surgery, fake documents and dyed zairean that's hair. a police informant saw the player living outside of mexico city. he contacted authorities who rescued and extradited mother and daughter to texas. greg allen knave gave up hope he would find his daughter. >> i will one day ask her if i will give her a hug. she in pretty bad shape, my understanding. so, i just, you know, pray for healing. >> reporter: this is a police sketch of what sabrina may look like today. she is currently shielded from the press under psychiatric care until she is did i to meet her father and his new family. >> living on the run as a fugitive in another country is one thing. but when a parent takes a child, to a foreign country, that's certainly no way for a child to live their life. overseas, constantly on the run.

and never having the ability to live a care-free and happy life. >> reporter: now mother, dara lawrence has a history of mental illness. she faces charges of kidnapping. shannon, back to you. shannon: william, thank you very much. eric? >> shannon, police are stepping up their soap for hannah gram. you know the missing university of virginia student. she has didn't been seen since she left the bar while the suspect charged with her abduction didn't show up in court today. we're now learning new information, chilling details about his past. óqoqúúñ@

eric: let's check in with our friend at "outnumbered" at top of the hour. and de, what is coming up? >> eric, the feds say we're ready to contain ebola but are we really? a grave mistake may have exposed as many as 100 people including children to the first patient diagnosed in the u.s. a dallas hospital reportedly released him after he told the nurse that he

had recently been to west africa. so how did that happen? >> we'll get lots of facts and less fear as we tackle that issue of the also a high school banning girls from wearing skinny jeans and yoga pants saying they are too distracting but is it fair to blame the girls for how boys might react? >> i love my skinny jeans. we'll take big controversy for 1,000, alex. what happened on the "jeopardy" game show that has some crying sexism. #oneluckyguy. he has gotten hot water on couple times. >> multiple times. >> eric you called his friend. back after cha. eric: never catch me in skinny jeans and yoga pants. >> wow that would be weird. >> top of the hour. eric: shannon? shannon: right now the man charged with abducting a university of student did not appear in court as expected. 32-year-old jesse matthew was scheduled for a bond hearing on two separate charges of reckless driving in hannah graham's

abduction but hearing has been postponed on the abduction until december as new reports say that matthew was accused of sexual assaults at two other virginia universities. meantime police are stepping up the search for hannah graham, now including the use of an aerial drone. so far though, no sign of the student who was last seen september 13th. let's bring in our legal panel. phil snyder, former prosecutor and diana eisman. criminal defense attorney. welcome to you both. >> welcome. shannon: diana, let me start with you, matthew's attorney continued, requested a continuance in the case. waive ad bond hearing. unlikely that the judge would grant matthew release on the bond given what he is facing at this point. what is your strategy at this point if you're on the defense? you. >> to get in front ever the investigation on a case like that. you have to understand what exactly it is the police will be looking for and you want to make sure that you have all the of facts that you're prepared for the next step in the proceeding. that might include, sending out

investigators and making sure that the evidence against your client, you know, is obtained lawfully and, it really doesn't, it doesn't surprise me that he asked for a continuance in a case like this and waived the bond hearing because it is very unlikely that a bench officer is going to grant a suspect like this with charges of this nature bond. >> all right. ty, what do you think here? it sound like the prosecutors are pulling at all kinds of different threads. we've been hearing about allegations against matthew dating back to 2:00 and there are -- 2002, links potentially we're sold, some forensic links to a disappearance of a young woman and her murder in 2009. sounds like there has to be a lot prosecutors are combing together. >> oh, my god, this is ball of 2009 and as they unravel it more comes out -- ball of twine. he alleged to commit sexual assault in 2002. nothing happened. alleged to commit sexual assault in 2003 l 3:00 nothing happens.

they will link everything together. they will take his dna, and forcible felony. they have the right to take his dna they will link it up. hopefully open up cold cases an link him specifically to these crimes. >> diana, procedurally what happens next? he stays in jail. what happens when he shows up at the hearing in early december? >> presumably he will be arraigned on the charges and discovery will start to be exchanged. the prosecutor will then turn over whatever information or evidence that has been obtained with respect to this case over to the defense. they will start the hearing process essentially, possibly a preliminary hearing or some sort of showing of the fact that would justify to a judge why this should go in front of a jury. ultimately if there is enough evidence, it will go to trial. shannon: we'll leave it there. thank you both very much for your time. >> thank you. >> thank you. shannon: eric? >> shannon, remember the old world war i army recruiting posters, uncle sam wants you?

turns out the military is getting more picky. why the army's top recruiter says, most young people would not make the cut. will that be all, sir?

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you're promised one speed. but do you consistently get it? you do with comcast business. and often even more. it's reliable. just like kung pao fish. thank you, ping. reliably fast internet starts at $89.95 a month. comcast business. built for business. eric: right now the pentagon is send setting some tough new standard for military recruits. and now they say the head of army recruiting claims that you know the majority of country's young people, would be hard-pressed to make the cut. will carr live in los angeles with the details. so a lot of young kids wouldn't make it, huh, will? >> hi, eric. you mentioned majority.

try 70% of the youth in america right now can't join the army and one of the biggest reasons, they're overweight. >> obesity is a real problem. about 1/3 of them will be disqualified for reasons of, they're not fit. >> reporter: since troop draw backs in iraq and afghanistan, recruiting numbers are at 10-year low. so the army can afford to be picky right now. according to the cdc, 35% of adults 20 years and old remember obese. that is a quick way to get bounced from any army recruiting office. >> if we're going to be your last resort, you have to be highly qualified. we are not looking for just anybody. we want the best of the best. >> reporter: the army also recently announced it is cracking down on tattoos, adding restrictions that does come with controversy. some soldiers feel it threatens their freedom of expression though high-ranking officials we talked to they want recruits to

be more professional and high school dropout rates are going up and not as easy to sign up to serve your country as it used to be. eric: you know what they have to do? drop and do 50. shannon: eric and i will do it during the commercial break. we'll video for you and tweet it out. this is what we're working on the second hour of "happening now." we're watching a situation in texas where we're told as many as 100 people may have been exposed to ebola. we'll have the update on the patient just off that plane from africa. a vote in turkey today whether to join the ground war against isis as refugees flood across their border trying to escape the terror. plus we want to hear from you, will republicans win the senate in november? if you think so, how many seats do you think the gop can nab? our live chat is up and running. go to foxnews.com/happeningnow. when you get there, click on "america's asking" and join the conversations. tomcat bait kills up to 12 mice, faster than d-con. what will we do with all of these dead mice?

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eric: and we'll see you back here in one hour.

shannon: "outnumbered" starts right now. >> we begin with a fox news alert. new details now are coming in about the first case of ebola diagnosed on united states soil. texas health authorities are now saying they are checking as many as 100 people including young children who may have been exposed to the deadly virus. that is a significant jump from the 12-18 we were originally told about this time yesterday. this is "outnumbered," i'm harris faulkner. here with me today, sandra smith, andrea tantaros, kirsten powers and today's @oneluckyguy, tucker carlson. [applause] and you are "outnumbered." >> profoundly. >> we love tucker. >> are you kidding? i miss being here. every time i pass a tv in an airport, i think i should be there. >> we got your love letters, cards and flowers, so here we are. >> thanks f