one line, infinite possibilities. martha: busy day, busy week. eleven days to go until the midterm, and we will see you on monday. bill: have a greet -- great weekend. martha: bye, everybody. ♪ ♪ jon: a fourth case of ebola diagnosed in the u.s., this one in america's biggest city, right here in new york. what a way to begin a friday. that's "happening now." i'm jon scott is. shannon: and i'm shannon bream in for jenna lee. he is a doctor turned ebola patient now just home from west africa. craig spencer works for doctors without borders and recently volunteered to care for ebola patients in binny. the mayor and the governor urging calm. says he's been back in new york for about a week and was rushed to the hospital with a fever and other symptoms yesterday. rick leventhal is live at the midtown hospital to fill us in.

hi, rick. >> reporter: hey, shannon. this case has put new york city on edge because dr. spencer has been doing what new yorkers do for the last few days; he rode the subways, visited the high line park, he went to at least one restaurant, and he went bowling in brooklyn roughly 12 hours before calling officials to report that he had symptoms of ebola. dr. craig spencer spent a month in guinea in west africa treating patients with ebola. he returned to new york city last friday, and he was brought here to bellevue yesterday by fist responders in -- first responders in protective gear. he is now quarantined in isolation, and his live-in fiancee is also quarantined, although she's not showing signs of this virus. two friends of the doctor's have also been isolated, also not showing symptoms. public health officials insist it's very difficult to transmit ebola, only possible through direct contact of bodily feuds of a person who has -- fluids of a person who has clear symptoms, and the doctor was not showing

signs of ebola when he took the a and l trains on wednesday night. we're also hearing he was reporting fatigue as early as tuesday, and some critics say the rules need to change. >> he was clearly in contact with ebola, came down with the virus, and he was allowed to move freely within new york city for a period that wasn't within the constrained period of 21 days. we know that someone has come in contact with ebola, and we know that these workers are coming in contact. why are we allowing them to move freely when they return back to the united states? that's a serious question. >> reporter: and the cdc says those rules may, in fact, change at some point in the near future. meanwhile, we're being told that dr. spencer's temperature was 100.3 when he called for help, that's below the cdc guidelines, so that's more optimism that, in fact, no one in the general public may have been exposed. jon, shannon? shannon: yeah. the administration says it is

adapting and changing the rules as we learn more about the spread and how it's impacted by travel as well. rick, thank you very much. >> reporter: sure. jon: brand new video out of canada today showing the gunman on that shooting spree. take a look. you can see him get out of his car, run to the war memorial. that's where he fatally shot that canadian soldier who was standing guard there. then you see the shooter get back in his car, drive to the parliament building and storm inside where he wounded two other people before he was shot dead. police say they believe he wanted to go to syria. >> we were aware that he had applied recently for a pass port, and we were contacted to conduct background checks. we did not possess information at that time that would reveal any national security-related criminality. his criminal records indicated infractions related to drugs and other criminal activities,

uncorroborated evidence that he had associations with someone unknown to us. he was not one of the 90 high risk travelers we're currently investigating. jon: coming up, we'll talk with former cia officer mike baker about the terror attack in canada and other potential lone wolf attacks. shannon? shannon: now to a terrifying attack right here in new york city. surveillance video capturing a hatchet-wielding man charging police officers, striking one in the head, the other in the arm before two other officers shot and killed him. it is not ruling out -- the nypd is not ruling out terrorism. >> here's what we know for sure this attack. a group of young police officers had been asked to pose for a picture by someone police believe is entirely unconnected to the crime. as they stood there, this man appeared from nowhere, rushing past several people on the street, attacking the cops with a hatchet.

25-year-old officer kenneth healey was struck in the head. officer joseph mica who's 24 was hit in the arm. the two uninjured cops then opened fire killing the suspect and accidentally wounding a woman who was standing nearby. the big question here, why this man did what he did. >> at this point no known motive for this attack has been established. the investigation is continuing. >> reporter: critical but stable condition, officer mica is stable as is the woman who was hit by a police bullet. as for the suspect, we have a name from our sources, we are not using it at this point because we have no formal id from the p cops. but our sources have also pointed us to a facebook page in the same person's name. on that page the man has posted anti-american rants calling for armed struggle and attacking america at home. important to point out, though, there is no specific mention

we've been made aware of isis or al-qaeda, so it's unknown at this point if this suspect was inspired by radical ideology, had any links to terror groups or was simply mentally disturbed or perhaps all of the above. either way, a rookie cop is fighting for his life. >> it really won't matter if the guy was a lone wolf, a radicalized muslim or someone who just went off the deep end. >> reporter: and given this attack and events in cap da -- canada this week, you can be very sure that every single cop in every single city across america is on a higher state of alert today. frightening times, indeed can. shannon: yeah. we owe them a lot. thanks, jonathan. jon: eleven days and counting until the crucial midterm elections, and an article from the los angeles times caught our attention this morning on democrats worrying that president obama is actually helping their republican rivals.

let's talk about it with our political panel. ed o'keefe is congressional reporter for "the washington post," john mccormick, senior writer for the weekly standard. what about it, ed? the president promised at the beginning of this campaign season he would do everything he could to help his fellow democrats. >> he did, and most of that was expected to be just go out and raise money for democrats in large events or perhaps some closed-door events, and he's done that except the problem is in the last few days he's also made some phobe calls -- phone calls to various radio shows that basically play right into the gop argument, that the president is on the ballot this year, that the policies he's pushing for are essentially on the ballot if you vote for democratic congressional candidates. so we've seen him now in at least two radio interviews suggest, look, i'm keeping my distance, but you've got to remember a vote for the democratic candidate is a vote to continue my policies and to help me in washington, and republicans have turned right

around and said, see, we told you so, the president's on the ballot even if it isn't his name because democrats that are going to be elected into these positions will, essentially, support his positions which, of course, remain very unpopular across the country. jon jon one of those -- jon: one of those phone calls made the other day to an atlanta-area radio station urging georgia voters to get out and support michelle nunn. now, on its surface one wouldn't think that'd be a huge problem. >> the president is deeply unpopular, so democrats in competitive states are trying to avoid him like the plague. but they do want him to help turn ott the base. -- out the base. he call up a local radio station in atlanta, ends up making some very effusive praise of michelle nunn, talking about how great she is. republicans clipped that, and the audio, you know, circulates throughout the media. i think democrats are in a really tough position right now. they're trying to talk about how

much they've taken on president obama. mark udall of colorado preposterously claimed he's the last person that the white house would want to see coming up walking up there, so republicans have tried to make this election all about the president and his failed policies and how democrats have supported him from the health care law to the president's foreign policy. and now their in a -- they're in a tough position trying to stay away from him. jon: and the irony, ed, this was a president who, well, i guess six years ago when he was campaigning against president bush -- president bush wasn't exactly the same -- was in exactly the same position. he was sort of kryptonite to republican candidates, the iraq war was so unpopular, and candidate obama really made hay out of that, made hay out of the president's unpopularity. >> that's right. and you saw republicans then running from the bush legacy as john mccain was the one running against president obama. mccain didn't want to campaign with bush either. and so far this cycle the president has made fewer than five in-person appearances with democratic candidates.

and they're ones that are in very safe areas, ones that probably can actually get a boost of support from him in the states that they're running in. but i think part of the frustration for democrats in this instance with the president making these calls is that there wasn't necessarily coordination. there was no heads up between one end of pennsylvania avenue and the other that the president would be making this type of outreach to black voters and to other groups that he might still do, and that is what caused some of the consternation, is they were caught off guard. we had just finished all these debates where democratic candidates had to say, look, i may be a member of his party, we certainly disagree with him on other things. and then he comes back and says what he said, and it just fuels that gop argument. i was in georgia last week, we'll be there again next week. big issue of michelle nunn's alleged connections to obama, so that interview just plays right into his playbook as he tries to defeat nunn, or they may end up going into a runoff where undoubtedly the argument will continue all the way to january

6th. jon: and, john, generally even if the president is unpopular, a first lady usually remains sort of a popular political figure in the white house, you know, someone who sort of transcends politics, but michelle obama went out on the campaign trail in iowa and may have caused some damage herself. >> yeah. i mean, she's been out there on the campaign trail, and president obama even though he's underwater in most states, he's actually going to go to wisconsin next week which might be the most competitive race he'll make an appearance in, that's because he's trying to get out the base in milwaukee and madison. the state's so polarized already, democrats just want to juice that turnout as much as they can. jon: well, it's a fascinating race. we're going to be talking about the media coverage overall of these midterm elections and where have the media been. thanks very much, ed o'keefe and john mccormick. >> take care, jon. shannon: a murder suspect on the run for six days and, get this, he didn't escape. prison officials let him go. he didn't get far. we're going to tell you where

they found him. and records on thousands of guns lost to mexican drug runners in a deal by the feds, well, a judge is ordering the list to be made public. the white house wants to keep those documents secret. and we want to hear from you. in light of this new ebola case showing up here in new york city, is the cdc, in your opinion, doing enough to protect americans? go to foxnews.com/happeningnow, click on america's asking and, please, join the conversation. ♪ ♪ "here i am. rock you like a hurricane." ♪ fiber one now makes cookies. find them in the cookie aisle. ok, now let's get straight to the point. that's what i appreciate about truecar. the website, the app, it takes away a lot of the anxiety and frustration. it creates a level playing field. experience a better way to buy a car, with truecar.

jon: new information on some crime stories we're watching. police want you to be on the lookout for this toddler, snatched from a motel in the memphis. an amber alert just issued for the eight-month-old. two men and a women took the baby after an argument with the child's mother. we're waiting for an announcement on whether remains found in virginia last week are those of missing college student

hannah graham. now news of a tip called in three weeks ago, a landscaper called the tipline about buzzards near the vacant lot where the remains eventually were found. and a murder suspect back in prison in baltimore. rodriguez personnel was turn -- periknell was turned loose by mistake. after a few days cops found him near the scene of the murder he's accused of committing. shannon: we are getting our first look at a list of documents the obama administration wants kept secret, thousands of records related to fast and furious, the botched operation where the feds lost control of some 2,000 weapons while trying to track them to kingpins within the mexican drug trade. william la jeunesse has been tracking this story and is live from our west coast newsroom. hello, william. >> reporter: shannon, the list is like a road map showing who was involved and how the administration responded to its first major scandal. it describes 15,000 documents over which the president claims

executive privilege that he doesn't have to give congress because they're part of executive branch decision making. yet 23 e-mails are between attorney general eric holder and his wife, seven more between holder and his mother. critics say in no way are those protected. some speculate the attorney general was simply using their e-mail to shield the e-mails from public view. other documents show the attorney general was directly involved in damage control. in march 2011 u.s. attorney dennis burke discussed fast and furious weapons with his deputies, yet a day later lied to the terry family saying the guns found at the murder scene did not come from fast and furious. in february p.r.n. the head of the doj criminal division wrote to atf on a personnel matter one day after the whistleblower exposed fast and furious. the president claimed he knew nothing about fast and furious, yet white house official kevin o'reilly's name comes up 138 times, and there's an e-mail

exchange between holder and senior adviser valerie jarrett. >> president obama's executive privilege claim was a gift to eric holder to help him be protected from prosecution for withholding this information. >> reporter: now, the justice department says it may release actual documents november 3rd, and the house oversight committee's lawsuit. the terry family says four years after brian's death the american public still deserves the truth and is transparency, and they urge the president to release thousands of documents outline in this index. we only got this list because the conservative watchdog group judicial watch sued for it. these are the same documents that the house held the attorney general in contempt over and saved him from prosecution when the president, of course, stepped in and exerted that executive privilege. so we got the list, not the documents. we may see some of those november 3rd. shannon? shannon: yeah. and that group has been critical in getting many of these

documents the government duds not want -- does not want to turn over. william, thanks so much. jon: well, as coalition airstrikes continue to pound isis targets around a key syrian border town, why defense secretary chuck hagel is doubling down on the overall strategy against the terrorists. this despite a lack of progress in recapturing militant-controlled territory. plus, jurors hear dramatic 911 calls in the trial of a university researcher accused of killing his wife with cyanide. ♪

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jon: right now the trial is underway for a university researcher charged with killing his wife. a jury in pittsburgh hearing a dramatic 911 call by the doctor moments after he says he came home to find his wife collapsed and possibly having a stroke. he's now charged with criminal homicide. prosecutors say he laced an energy drink with cyanide and gave it to his wife, promising it would help her get pregnant. he is pleading not guilty, claims he is devastated as jurors heard that dramatic 911 call played in court. jon: prosecutors say after his wife died, the doctor did an online search for whether any chemical would remove traces of oiz son. analysts say the case could

become a battle of medical experts. shannon: new details about that deadly terror attack in canada can. police now saying the shooter embraced extremist ideas and was trying to travel to syria, bringing to light the lone wolf style tactics causing police to be worried about the potential for copycats. former cia officer and president of diligence, mike baker. good to see you today, mike. >> thank you, shannon. shannon: there's been a hot made about this particular individual -- a lot made, questions about an attack here in new york not yet classified as terror. but, again, we had the white house fence jumper, all of these allegations that individuals may have been mentally ill, they may have been struggling with drug dependency or other issues in their past, so is that the kind of person that isis and other terror groups are happy to have buy into their ideology? they don't seem to need a formal connection. you get one person who embraces

your ideas, they still get the job done. >> right. and what we're going to see, and what we have seen in the past, there'll be countless scenarios from the psychotic individual who's just drifting through life and latches onto, you know, something related to a statement from islamic state or al-qaeda, whatever, and then they act to a true believer, to someone who has, you know, in the classic sense been radicalized. we're going to see that. we've seen that up in ottawa. you know, he was clearly on the path towards radicalization. he had contact with individuals who had traveled to syria to fight. that's one example. we have the individual now with the hatchet attack in new york city which, you know, by all accounts will look like as if he has mental health issues but, again, it doesn't matter. from the islamic state or al-qaeda's perspective, as long as they go out and conduct something like this, as long as they attack the infidel, then they could care less what a the motivation is.

and yet we spend all this time angst-ridden over trying to find, well, was there a specific linkage? but the lone wolf scenario has always been about the fact that it's so difficult to protect against something like this because of the countless variety of scenarios. shannon: in many of these cases, people will go back and look at social media postings, a guy beheaded a coworker and was stabbing another woman in oklahoma, facebook page, twitter, those kinds of things that are attributed to these individuals have very threatening and concerning postings there talking about taking these kinds of actions. how in the world do you track all those things? how can you possibly keep an eye on all of these potential lone wolves? >> well, you've touched on really this is the holy grail of the whole problem which is that we don't want to live in a society where we can provide 100% security. i mean, that society would look a lot like north korea, right?

we're not going to go there. we already know that. we're constantly trying to calibrate the balance between appropriate level of security and individual rights and privacy. and so the bottom line is we'll never reduce the risk down to zero from this type of attack. and i think that surprises the public because all the spin that snowden and his supporters have been putting out, for example, talking about how the authorities here in the cus u.s. and our allies, we're reading everybody's e-mail, we're watching everybody's facebook page -- that's nonsense. and every time you want to follow somebody, every time you're concerned about an individual, the authorities have to jump through significant number of hoops to get a file opened and to get a case moving and to be able to actually monitor that individual. so the unfortunate answer to your question is, no, we're not going to be able to protect against all the various types of lone wolf scenarios that exist out there because, ultimately, that's not the sort of society we want to be in. shannon: yeah. and to me, it raises questions

about personal responsibility because you'll hear people in these individuals' lives saying i knew something was off, or i saw their facebook page, or i kicked them out of my mosque, and you wonder, there's got to be some follow-up on some other side. we all have to take responsibility for keeping our eyes open. also kurdish fighters battling isis terroristses around kobani, defense secretary chuck hagel saying the u.s. will not be changing the strategy we currently have even though conceding that isis controls a significant amount offer territ. he went on to say the administration's current policy is working, but this is going to be a long, complicated effort. no doubt about that, mike, but what are your questions about the strategy itself, if you have any? >> well, if the white house's goal is to have a long, protracted, you know, consistent deadly stalemate, then, sure, their policy's working. i mean, if that's what your objective is, just to create this almost never-ending scenario where we don't actually get in there in an aggressive

way or strong arm our allies until they finally commit themselves into an aggressive posture then, yes, the white house strategy's working because that's where we're at. we're at a stalemate, essentially. minimal ground support through our advisers who are working in awful conditions and hamstrung. the airstrikes, you know, a few airstrikes a day, and we know what the limitations of that are. and then we're hoping, the idea being we're hoping we can defeat isis somehow in iraq while we're training these syrian opposition elements, and then we'll turn our attention to syria at some point in time. i understand from a theoretical point of view why the white house doesn't want to get involved anymore, we're coming up on elections and this is a mess, it's very complicated, but our strategy, essentially, is to have a stalemate, apparently, and that's where we're at. shannon: well, we'll see if that shifts over time. mike baker, always good to see you. thanks. >> sure. thank you. jon: trying to retrace the steps of a new york city ebola patient.

where this doctor went and how that could affect the city that never sleeps. also the dow rallied yesterday, but what will a new ebola case in america's biggest city mean for markets today? ♪ ♪

jon: still to come this hour of "hapg now," the dow was just a few points away from having its best day of 2014 yesterday. so could today be the day? also the white house fence jumper who fought off secret service dogs with his fists is making his first court appearance. what's in store for this guy as well as an update on those white house k-9s. more jury drama in jodi jodi arias' sentencing trial, how it could effect the convicted murderer's fate. >> yes. bowl la is a serious threat -- ebola is a serious threat to public health around the world. an outbreak in an american city or any major city of the world could be very costly to contain and could have major economic impacts. yesterday's news was a doctor in new york city tested positive for ebola, and this is particularly distressing. shannon: ebola hits home again, now in america's largest city. and the patient is a doctor just

home from west africa. dr. craig spencer indicated on facebook that he left for guinea about september 18th. that's where he spent nearly a month working with with ebola patients for the group doctors without borders. october 14th he left guinea, after stopping in europe, he stopped at jfk airport in new york october 17th. he started to check his temperature twice a day. this past tuesday officials say he started to feel tired. wednesday dr. spencer went to a popular bowling alley in brooklyn with his fiancee and another couple, and he said he felt fatigued. yesterday real symptoms started to show up, so he made the call for help and was taken to bellevue hospital. that is one of the designated ebola treatment facilities in new york. jon: new findings by the media research center reveal significantly less midterm election coverage by the big three networks this year than in 2006. abc's world news tonight, for

example, not even mentioning the midterm elections for nearly two months. the group blames liberal bias against a potential gop takeover of the senate for this drop saying, quote: it wasn't biased for the networks to sift through polls and predict bad news for republicans eight years ago, but now that the party labels are reversed, those same networks are showing their bias by giving so much less air time to the bad political news for democrats this year. the question is, is this lack of coverage really the media's liberal bias? judy miller is a fox news contributor, lynn sweet is washington bureau chief for the "chicago sun-times." welcome to both of you. lynn, what do you think? >> oh, i agree in part, disagree in part. let's remember what was going on in 2006. you had two big democratic figures, hillary rodham clinton and barack obama, came paining -- campaigning around

the country, you also had the democratic house political shop run by rahm emanuel. that might have led to more coverage. so, you know, i say this comparison eight years between where you know the media landscape has changed and how people get news, i think the numbers tell a story, but with it might not be the result of liberal or democratic-leaning bias. i just don't buy that. there is a difference and, yeah, i like midterm coverage. it's not everybody's cup of tea. that beats very competitive evening news broadcasts. jon: at the same time, judy, eight years ago there were a lot of stories about how democrats were chomping at the bit, they were going to have a big year. george w. bush was unpopular. 159 campaign stories eight year ago way outnumbering the number this time around. >> yes, 159 versus 25. that's a 6 to 1 disparity.

and that's hard to explain -- jon: so to leadership's point, have people's tastes or attitudes in news changed that much over the years? >> no, i don't think they have. and i think it's hard to discount the bias issue in this coverage of these races. i mean, you have some very, very close races, very exciting. you have a situation that was very comparable to 2006 when george bush was in his second term and he had a midterm election where he was going to lose control. it's very similar. there's no way to explain these numbers. i mean, look, we all like dog stories, ebola stories, hurricane and jordan who took down the fence jumpers. that's okay, you can have five minutes of your newscast, but zero for abc in the past two months? no midterm coverage? that's really hard to explain. perhaps you can say executive producers have changed, anchors have changed, but i don't think in this instance you can rule

out a liberal bias. last time democrats were winning, this time republicans are winning. it's less interesting as a story or perceived as being so. jon: you know, leadership, yes, news -- lynn, yes, news does change and tastes change somewhat, but a midterm election is still a big story, is it not? >> well, yes, i think so. you're talking to political junkies, right? [laughter] we're on a cable network that lives on political news. so, of course, i think it is. but i think the midterm story is hard for a national network. it wants to do the big themes. you know, there's plenty of coverage in local outlets about the local senate, governor and house races and maybe mayoral races. it's not like this isn't being reported. but, guys, when you look at the national network, i think just because the numbers have changed, it could mean they're ignoring midterms, but i don't think there's enough out there to rule conclusively that it's a

liberal bias. but do i think that there were factors in 2006 that fed to more attention on the democrats because they had these two big figures that were playing into these national stories, hillary clinton and barack obama? i think you can't discount that because it was really, 2006 was part of a runup to the big presidential campaigns, and those figures, clinton and obama, were a little more commanding to the media, and that's where you could talk about maybe a bias of fascination with them. that you're not giving to the republican 2016ers who aren't going around the country for the 2014 ticket. jon: there's a chart that shows sort of the relative lack of interest this time around as compared with 2006. taking a look there, you can see how many more stories were run eight years ago by the networks in blue there versus the number that have been run this time around on the midterm elections.

it's a pretty startling contrast. judy, do you think it's really as simple a case as the networks don't want to tell, i don't know, positive news about the tf the senate or that kind of thing? >> well, i don't think it's an overt bias, but i think there's a subtle bias. i mean, for a long time barack obama's plunging popularity figures, so people feel as if they know this story. they've covered the facts that a lot of these local races the democrats don't want barack obama. george stephanopoulos is going to do a big deal on election night, so maybe it's a question of, you know, we all like to cover the horse race, but we don't like to cover the care, feeding and exercising of horses before the race. [laughter] but i think you can't rule out some kind of subtle bias because these numbers are just hard to explain any other way. i mean, yes, news in general is getting lighter and sillier, but

we -- you can't say we haven't been covering news. we've had so much news. they have not been covering, the big three that provide news to 23 million americans, have not been covering the midterms the way they did in 2006. jon: is yeah. i think the bar graph makes that point quite clearly. >> absolutely. >> well, it also could be maybe a nonaggression pact. you know, when you look at those numbers, one nightly newscast says, well, they're not doing it, so we don't have to do it. you know, we know we could get more viewers if we do something else for sure. jon: all right. well, we could go on and on, but we're going to have to say good-bye. lynn sweet, judy miller, thank you very much. >> thank you. shannon: the secret service brings in hounds to catch a suspect who jumped the white house fence. now we are learning this is not this guy's first run-in with security at the president's home. and is it justice or a whole lot of wasted taxpayer dollars? our next guests get into that

debate as the jodi arias resentencing trial starts to churn through another batch of jurors.

jon: let's check out what's ahead on "outnumbered" at the top of the hour. what do you have? >> hey, jon. new details about the ebola case diagnosed right here in new york city as lawmakers hold a hearing on capitol hill. but the president's new ebola czar a no-show. where is he? >> plus, with just over a week to the midterms, more democratic senate candidates are distancing themselves from the president. why one is now calling him irrelevant. >> and our hashtag one lucky guy says younger women are making a mistake if they don't marry an older guy. >> speaking of that one lucky

guy -- [laughter] >> here we go. >> gene simmons from kiss. that was just a little hint, back on the couch to back up those comments. it's going to be very controversial. "outnumbered" top of the hour. jon: we're going to be watching. thank you. >> thank you. shannon: another juror may be in jeopardy of getting kicked off the jodi arias case, that would be three jurors in three days. court recon -- reconvenes monday. arias' defense team focusing on dramatic pictures of travis alexander taken in the shower, apparently taken by jodi just minutes before his death, but why? fred tecce, arthur aidala, great to see you both. we have a juror pool, we have several alternates. we're ticking them down, and this thing is just getting started. how worried are you if you are the prosecutors putting on this second attempt at getting her

sentenced? in i'm a little worried. -- >> i'm a little worried. i thought the testimony in the first trial was overwhelming, jurors saw her lie through her teeth, and they couldn't come to a verdict of death. i mean, i think what this woman did was a horrible, horrible crime. i'm in favor of the death penalty in a lot of cases, i'm not so sure this is one of them. i think the best sentence for her would be to cut off her access to the media. shannon: yeah. i do think that would be a painful thing. arthur, stab wounds, shooting him, slitting his throat. i mean, that doesn't sound like -- not that there is an average murder case, but it sounds like there could be some of those extenuating circumstances if they consider cruel or heinous, something they've got to prove if prosecutors want her to get the death penalty. >> well, you know, it's interesting because i i was reading what fred's talking points were. as much -- >> somebody reads those? >> yes, i do. as much as i think the worst punishment for her would be to under the jail, i think she would love to get the death

penalty in a psychotic way, because it would give her that much more fame and infamy. to your point, shannon, this wasn't a murder, this was, like, i mean, the worst thing possible except it's up to the prosecutor to prove like when he died. hypothetically, he died from the first gunshot wound which is what they're saying happened, and he didn't really know his throat was getting cut or he was being stabbed, although his body is being mutilated, you know, he's not aware of it. whereas if it's the other way around, if his throat was slashed and he's alived and he's stabbed and he's alive, and he's basically being tortured before he's executed, i think that'll compel jurors in a much stronger manner to give her the death penalty. shannon: all right. fred, apparently one of these jurors that got in trouble yesterday, you know, we're speculating, but apparently they were fawning over a certain cable tv news host, also a lawyer -- [laughter] who does this kind of case. in this day and age of so much

saturation about this case, so much coverage on tv, how in the world do you keep your jury together and focused? >> well, it's tough. a person with a.d.d. like myself, i don't know how anybody focuses ever. [laughter] but their job as jurors is to focus. and your job is -- as judge, is to control the jury. the problem is there's so much informatio twitter, facebook, you know, 24/7 news outlets, it's really, really hard. but the truth -- >> in the good old days, quite frankly, when i was a prosecutor trying a murder case, there was what was called complete sequestration. >> correct. >> 100% where the jurors were basically in lockdown during the whole trial in a murder case. the trial could be six weeks or eight weeks. they were allowed one phone call to their family. that was monitored. no newspapers, no telephones, forget about twitter. san zap all right, gentlemen, we've got to leave it there. arthur and fred, have a great weekend. >> have a great weekend. jon: take a look at wall street, the dow in positive territory once again, how the latest ebola

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for ebola, stocks actually were up over 300 points. however, we held onto the gains. stocks this week have up arrows, the dow, the nasdaq, the small caps which are the russell 2000 all doing well, 2, 3, 4% you can see the dow up about 2% this week, so really showing some resiliency. to your point as to which way we're going with the markets, you know we've sold off four weeks in a row, so it's a big deal. we've had great earnings from caterpillar and yahoo!, and the airlines did well. on the other hand -- and by the way, i should note apple and facebook had new highs, so that's worth noting. but the stock market has been very resilient. you have the global growth story, worries about europe in particular and also looking also about ebola and terrorism. these are the things that we are focused on most notably, before few right now really pretty

amazing, showing the resiliency and keeping these up arrows for the folks who really want to see the market go higher. jon: that's a good start to the weekend for a lot of people. nicole petallides, thank you. >> reporter: thank you. jon: and if you are not sure where to find fox business network in your area, go to foxbusiness.com. shannon: and a bit of breaking news for you now out of nih, that's the national institutes for health. just outside -- [inaudible] nurse nina pham was being treated for ebola after being diagnosed, and today good news in this press conference. i believe she is there. we're going to keep an eye on this, but they are saying she's being discharged today and is completely free of the ebola virus. so great news out of this press conference. and if you want to watch it, you can see the entire thing streaming live right now on foxnews.com.

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now and speaking out. let's listen. >> i do not know how i can ever thank you, everyone enough for their prayers and their expressions of concern, hope and love. i join you in prayer now for the recovery of others, including my colleague and friend, amber vincent and dr. craig expense he were. i hope that people understand this illness and this whole experience has been very stress sxfl challenging for me and my family. although i no longer have ebola, i know that it may be awhile before i have my strength back. so with gratitude and respect for everyone's concern, i ask for my privacy and for my family's privacy to be respected as i return to texas and try to get back to a normal life and reunite with my dog bentley. thank you, everyone. [applause]