the record comment tonight tonight. and go check out my poll on gretawire.com. thank you for being with us. if you can't w live from america's news headquarters i'm patricia stark. at least 1,000 people marching in the streets of baltimore tuesday night. they are calling for justice for 2 knife-year-old freddie gray who died from a spinal cord injury after being arrested. the justice department is also open to civil rights investigations into gray's death. six officers were suspended, but some say it doesn't go far enough. jurors started hearing testimony for the penalty phase. they must decide if tsarnaev will spend the rest of his life in prison or die. the head of the drug enforcement administration is calling it quits.

following criticism over her handling of a sex scandal involving dea agents. they appeared where they lamb basted her for those who said they attended sex parties. blue bell creamery is getting closer to pinpointing the deadly listeria outbreak linked to some of the products. the 108-year-old company recalled all of the products earlier this week and now says it is taking all precautions before sending new frozen treats to stores. >> what we are doing is i'm plaw meanting a lot of new testing and new swabbing and cleaning procedures. we will continue to make ice cream, but we are also introducing a test and hold procedure where we will produce a product and hold it while it is being tested and then ship the product. >> so far the tainted products have been linked to three deaths and 10 cases of

illness. i'm patricia stark. stay tuned for "red eye." for all of your headlines go to fox news.com. you are watching the most powerful name in news, fox newschannel. previously on "red eye." >> welcome to "red eye." i am andy levey. >> we weren't sure. we were hopeful, but now we know for a fact. >> can i have my cigar please? >> we need to get rid of all men. >> just not this one. >> jk! >> now the thrilling conclusion. >> welcome to "red eye." i'm tom kodder. her accent is thicker than a kardashian skull. i am here with imus in the morning business contributor dagen mcdowell. and she is rounder than a square peg in a hole, joanne noah chin ski. and he has fewer emotions than a roomba. it is andy levey. and next to me is comedian jim

norton. his new stand up special airs friday at 10:00 p.m. eastern on epix and epixhd.com. i can't recommend it higher. >> a block. the lede. that's the first story. >> president obama has disappointed a per coshes second grader. an 8-year-old peter penned a letter to the first lady michelle obama, about ketchup at school. the letter obtained states dear michelle obama, i think you should rethink your idea that takes us to one ketchup packet per meal. i feel it is taking away from our prism toward america -- patriotism toward america. and i think you should stop doing nothing and send troops to the middle east. i also think your husband needs to work on his speeches and he disuh ponted millions of -- disappointed millions by

not bombing syria. thousands of people's homes were destroyed by isis in the middle east. you should also get the u.n to send troops to ukraine. also may i ask you, is the white house comfortable? signed a concerned 8-year-old citizen, peter. now jim who has a special coming out and i can't wait to see it, you have read and written many 8-year-old ransom notes. how does this kid's writing stack up? >> this rye mind me the old adage -- i hate this kid. >> i do too! >> i don't like any 8-year-old who can form political opinions. it stinks. he is a bad boy. >> go build a fort. go ride your bike and not the ted cruz campaign depot in your town. what a loser. take your tie off.

>> so dagen is ketchup a metaphor for blood running through the streets? >> it will be the blood if any girl gets uh hold of him. he directs it at the first lady. oh okay, you can boss the woman around. send a letter to the president himself. >> i think he is stockpiling squirrel guns. i am not promoting the death by the way. >> no! andy, you have the writing skills of a second grader. >> if it is possible to have less hope for the future this would give it to me. i don't like this kid is explaining to michelle owe obama and my general therely is out of the mouths of babes and straight into the garbage can. i don't care what an 8-year-old thinks about the president. i don't like when liberals use kids in their props and in how better they talk about a letter i received from jenni morton and i don't like this

keep your kids out of politics. if you want to write a letter to the first lady, write it yourself. don't use your kids. >> yes children must be absorbed. >> it isn't need that he put glitter in the envelope that turned out to be anthrax? >> real gooder is worse than anthrax. that stuff gets everywhere and you can never, ever, clean it up. >> you have body glitter. >> your wife never bought the story. >> when you were a kid you used to write letters to santa and what do you think about this kid? was he annoying you as much? >> i wasn't that annoyed by it. i thought it was precious, but this kid is learning this behavior from somewhere. i would hate to hear the arguments that go on in his home about politics if he is just hearing this. his mother must always use the phrase "i'm gonna write them a

letter" because the kid really did it. you know what will happen here? >> what's that? >> if michelle and barak are smart they will invite this concerned citizen will become a begin again and start fist bumping and he can brag to his friends and completely caning his mind. >> that's a great high pop sis. >> don't reward the i had hua gee. you don't get to go being a pope. >> i am like dagen. i don't blame the 8-year-old for this. >> they rated him out. >> they are the ones who think the beaver -- who think the parents are there. >> what about throwing rocks at cars or shooting somebody with a bb gun. >> i tend to agree with joanne. you get more flies with honey than vinegar.

>> disturbing and humorous at the same time. i think he will not get invited to the white house. i think he will be not only the youngest kid ever to send a let torte president, but the only 8-year-old audited by the irs. >> i will give him that she is right about the ketchup. one packet is like no ketchup. >> it is not a vegetable, right? >> you need four or five. >> kids worry about ketchup on his clean, crisp white shirt. >> he did spell citizen correctly and i add pier that. >> he is way above where i was. i was eating rocks at this stage. the rich had a good run. hillary clinton if she is president wants to take down the well to do. berry read in a new new york -- buried in a new "new york times" story she talks about how she is recasting herself as the populous candidate. in a meeting with economists

mrs. clinton studied a chart that showed income iny qult in the states. -- inequality in the states. the economy required a toppling of the wealthiest 1%. cline son may have -- clinton had an uh-huh meeting. they make toys and furniture for kids. the washington freebie con put together this montage. >> shortened the video and edited it.

the free bree con said she uttered uh-huh 88 times. did the uh-huh sound like the ominous movie from the jaws music to you? >> it is kind of dead, but it sounds better than maroon five and adam levine for sure. >> you would to the just compare those two. >> i am out for you. does topple now mean to climb on somebody and met for rickly hump them for their money? that's what they are doing. >> i like it. >> that's what i do the 1%. >> jim, you are a filthy rich without the rich part and is hillary on target? >> absolutely. nobody likes rich people who make $300,000 an hour. ule kidding aside folks, i like hillary. i think salt of the earth. good to see her on the little

guy's side. she has to take that. she is part of the 1%. i don't want a broken ex president. that's embarrassing. >> do you theng fill will start to sleep with welfare mothers? >> nobody believes this happened, right? >> no. >> nobody believes hillary studied a chart and then pointed to the 1% and said we need to topple them. advisors are feeding the is em noel -- seminole moment things and they are [bleep] and they report them because they have scribes. i don't care how many times she said uh-huh i care she is unethical uh-huh. she is a moral uh-huh and she is a pathological liar. >> how naive. senators don't have men killed.

>> she is the 1% with the pot calling the kettle black. >> i was just going to say that. why do we have to hate on the 1%. it is their money. they built whatever empire they worked to get there. there are a lot of people helping them get to that money, but they are taxed like crazy. many of them donate a lot of this money to people in need. they are upset the money is not going through their hands. hillary needs to calm down and do a little breesing and donate some of the money to me. >> more importantly though this never happened. >> but it could have happened. >> it couldn't have happened. >> that's where the money comes from. she is not going to directly and in that pointed way they

are people lining the pockets. >> she needs the donations. >> isn't toppling the 1% socialism? >> yes. but that's what they want. >> in more seriousness they would be be runnings -- running in the middle of the growth. you have to now run on big government because they have nothing else to run on. >> she would have been more conservative if elizabeth warren wasn't born. she is setting it up. >> she needs to run so hillary looks like she has a personality. >> if she is the 1% and she is the one% how do you topple yourself sph. >> maybe with the giant calfs. >> i'm sure there is a video how to topple yourself on the internet. >> there certainly is. a federal monitor in charge of reforming the nypd

is getting close to issuing new guidelines and full of explosive investigations like don't be racist. the news reports that new training material could include things like do not imitate the speech patterns of others. it will feel disingeneral wise and possibly racist. avoid stereo cape tall -- stereo typical uh assumptions like he is irish. i have never seen him drunk. unless you tell a person why you stopped them they are likely to believe your actions were tash trear and you need to report the people may recent it. let's move on here. you were a cop weren't you? >> 17 long years. no i wasn't a cop. >> a fantasy one? >> more than once. >> you danced at bachelorette parties. >> i don't think they were actually parties.

>> not when you showed up they weren't. how do you feel the police should feel about this? >> they do not imitate the speech patterns with other. it will feel disingeneral wise and possibly racist. word. this stuff is aimed at cadets so it will be bake stuff. some is silly and there is good stuff if here. particularly the stuff tay says police forget most members of community are good law abiding people. i think it is understandable that people who spend a large part of their jobs dealing with criminals, it makes it easy to forget not all guys are bad guys. treat them as a bad guy. so i think stuff like that is probably good. at worst it is harmless. >> is it arm less? harmless. they kept saying the same

thing over and over again i think. >> that's training. >> jim is this cops for dummies? >> it is one step short of saying don't arrest, wait for an e-mail con fussing what they have done. it is stupid. >> should the nypd's motto be to serve and protect the elephant people. >> is he going to roll the toilet paper to the person taking a [bleep] in front. or a girl -- the general rule for any dude whether you are a cop or not don't be a [bleep] and don't tell [bleep] jokes and don't pull it out. >> it was essential the materials be rewin -- rewritten for the current law and policy. last year's policy was okay?

>> last year's policy was stop and frisk which the courts ruled was illegal. >> it is not a matter of that cine of policy -- it is not a matter if it is a policy. >> a little courtesey never hurt. >> has anybody ever been i'm polite to you? >> not to me. not to me. >> going on with that point if you use handcuffs in the privacy of your own home do you use racial slurs? >> it says to do so on the packaging. >> last year's. you have to update your handcuffs every year. >> i do. this bears a striking resemblance to my son's pledge not to billy. it seems infantile. >> it seize -- it seems like cub scouts. >> the way it is worded. it is this kinder gentling pd going to change -- i feel bad

for the police officers who have to deal with this. >> it is not just to protect, but it is to protect and serve. you see where i am going? >> remember what i said about the vinegar before. >> i coddle a new yorker and he will stab you in the ribs. >> says the girl from the south. >> south dakota urges people to move to the state. hopefully not normaller presidents made of stone.

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do you want to die on mars? me neither. but for those thinking about volunteering for one of those privately funded trips to the

red planet, you should know that you do have options. take a look. >> mars. the air. not breathable. the surface is cold and barron, but thousands are lining up for a chance to go and never come back. south dakota, progressive, productive and abundant in oxygen. why die on mars when you can live in south dakota? south dakota you can live here. >> the governor's office of economics created the ad to lure new residents when it was said they were a baron waste land by focus groups. we will have to say if the mill 11 y'alls will make the move or if they decide space death is a better option. andy you were probed by aliens and south dakotans and who is better? >> i refuse to answer on the

grounds it may disgust me. i liked the ad. plenty of jobs and plenty of air is a great tag line. but here is where they went wrong. they launched the campaign because they had focus groups and they were people who were describing what it would be like to live in south dakota. one of the guys said you could become a hermit and isolate yourself from everyone else. that's a positive, obviously but for some reason they are treating it as a negative and they are thinking they have to overcome the image which i don't understand. if i am rich enough so i don't have to work i am moving to idaho and getting me a bunker and clearly south dakota doesn't want me so i am not moving there. >> you couldn't get a bunker in south dakota? >> they are specifically saying don't come here if you want to be a hermit which is what i want to be, tom. as a person with martian blood flowing through your veins are you offended? >> i am not. mars doesn't want anybody. we want some of those people

to stay back. we don't want to populate mars with them. i do believe i should have been on the brainstorming committee though. i have two ideas. mill 11 y'alls love yoga. trendy is yoga. so you say we have great open space and vistas and wonderful air to breathe into your lungs when you are in cat pose or whatever. and kind of like what andy said, it is the idea of exclusive tee. if you tell them you don't want to move here. only the best people are here. it is only for a certain percentage of people. then everyone will want to go. >> you drive a 1990 saturn. what are your thoughts on the campaign? >> it is an equivalent on-line dating ad and it would say i am breathing and i have a vagina. come on in.

>> it is so sad. it makes me sad for the whole state of south dakota. they have an awesome male to female ratio. the fifth best among people like 25 to 35. the fifth best north dakota is still number one. >> that's because of the oil industry. do you like oil guys ? >> i like all guys. >> oh so by awesome you mean horrible. >> is new jersey better than your uranus? >> it is the same. i don't know about south dakota. you will not get people there. you get more flies with honey than vin vinegar. >> i am sensing a theme. >> it sums up the way we are feeling. >> jim speaks for all. >> i would loved to be the voice over actor who got hired for that job. he did great. he sounded super scientific but also positive.

>> i would love to hear the people who didn't get it, the bad additions. highway wrong they did it -- how wrong they did it. >> it trumps oklahoma's ok. doesn't it show they have aence is of humor? >> didn't you say it strums as the worst pitch ever? >> i did -- >> i would move to south dakota. i love mount rushmore. there is a great native american culture thing there. i like getting away from everybody. it is not a baron waste land. sorry, south dakota. coming up, robot bartenders. now all i need is a drug dealer and i will be all set. first, a word from our sponsor. >> tonight's sponsor is coderisi ng. did you know he is willing to steer your wounds for free?

live from america's news headquarters i am patricia stark. candles, signs and chapts for justice was the scene in baltimore where more than a thousand people gathered to protest the death of a young black man, freddie gray. he suffered a fatal spinal cord injury while in police

custody. six cops have been suspended and the justice department is launching an investigation. >> we want the officers arrested and we want them in jail immediately for murder in the first degree! >> and officials in san bernadino county, california must pay a $650,000 settlement to a man seen here being beaten by deputies after a horse chase. it was captured on video by a tv news helicopter. 10 deputies are on leave pending an on going investigation. a senate confirmation for loretta lynch: president obama's choice to be the next attorney general. her nomination was stalled over a anti-6 trafficking bill which lawmakers will vote on today. if approved lynch will be the first black female attorney general. pope francis has accepted the resignation of u.s. bishop robert finn con vehicled it of

of -- convicted of failing to report a child abuser. he is the highest ranking church official in this country to be convicted of not taking action in response to abuse allegations. and finally brides to be this perfect100karat diamond ring could be yours if the price is right. it is going on the auction block and it could affect up to $25 million. but it is not expected to break the $46 million record for 5* pink diamond sold in 2010. then it is more affordable then. i'm patricia stark. now back to "red eye." he puts the ass in street harassment. they asked new yorkers how they feel about cat calling after a feminist started announcing the attention. one guy was decidedly pro pestering women.

>> sometimes you have to call a girl. something like that. >> how would you call a dog? >> same way. >> so how does it make the woman feel sph. >> it is nice to see he is dis -- discerning while object tau fying women. >> oh my god. 23* it is far away it is better because they are not that scared. sometimes you need distance. i do a lot of sweethearts. does that work? >> i have never done that. never once has that uh considered to me to do. >> are you reporting that girls don't like this? >> i think he is finally seeing the error of his ways. >> girls don't like this? >> they don't like cat calling. >> come on. we are just acknowledging that you did a good thing getting up out of bed. sweetheart.

she probably has headphones on. >> you know what is sad? that's how i call my cat. >> does that make you want to start cat calling? >> no. >> first of all i won't tell you why. i don't know why i said that. i can't believe this guy has to cat call to get women's attention. i would like to think they are throwing themselves at him left and right. i believe there is a 48% chance that it is fake. he said it is better if they are far away because they are not that scared. shouldn't that be a sign you are doing something wrong like the further away they are from you the less scared they are? i just think, jim, you get more women with honey than with vinegar. >> does this type of cat calling make you gnaw

nostalgic? >> i never liked cat calling. if i don't know the name i will grab my crotch and make the yummy sound. >> what is the yummy sound? yummy? >> it depends on the neighborhood. >> you went where you wanted you to go with that. >> you are fluent in cat calling. why do you suppose it is not working for this guy? >> that noise? i don't like that. it is flipper? is it a dude? i don't know. there shouldn't ever be a how to on cat calling because it is an unwelcome act. you can't really make it more welcoming. i don't know any woman. 24r* are articles that say -- there are articles that women say it makes me feel good. they don't look at a mirror enough and say you are beautiful.

no woman really enjoys that. like andy said it might be a hoax. i don't know. this guy had no shame. >> this is what it is like. he left out the hissing though. that's a big one on the construction site. that's a big one. i watched this video and he heard those noises. that is a true story and it gave me an idea. if a man does that to you you go -- in their face. >> lick yourself, right? >> so you think -- >> that's cats. that's andy's territory. dogs not so much. >> this is women repellent more than anything else you think? this is not going to attract anything. >> i don't know. the male to female ratio is

not in the woman's favor in new york city. >> understood. >> you got me with the hissing. robots would kill us. bartending bots have arrived. they mix drinks and place them on the conveyor belt. two are working on royal caribbean cruiseships. as the "wall street journal" reports, these machines are designed to work alongside humans and not replace them. one company has developed a bar tender bot that can hold conversations with customers. let's take a look. >> that is so hot. >> the things i could do with that.

and some honey. >> and some vinegar too. dagen, you poured your heart out in the past. is this a big deal to you? >> i hate machines. there is a machine in the building and it is an automated robot-like vending machine for sodas. every time i go to use it it breaks. how long before somebody jumps across the bars. i would say it is in the first 10 minutes and it would be me. >> i like it. joanne, you spent many years bartending true story, could you have been replaced by a bot? >> no. i wore red lipstick. we know they can't do either of those things. i liked the human aspects of bartending and talking to people. i hated the service part like doing what people asked me to do. i wouldn't mind having a robot to do that. truthfully i don't think the

actual human bartenders could be replaced because unfortunately humans think that robots are beneath them, right, andy? >> no, i don't. >> most people do and that said the bartender has to hold power over the patrons. that's how you get them to tip and that's how you get them to stay in line. you need someone who has that kind of power and people will always have that. do drinks need gimmicks like this? >> they shouldn't. the good news is they are doing these robots are on cruiseships and they will get horrible viruses. i feel they really just want to be robot actors. i think good for him he is doing well and he has a big movie coming out. it is not really what they want to be doing. >> are there any setbacks for

bar bots in your mind? >> i am a people person. i just like people. you can't make them authentic because they have to learn to steal from the till and pour double shots in friends' drinks, a heavy pourer. >> what is the tipping etiquette? there is a guy who has to work it. >> the price of the drink would go up. you wouldn't tip. >> there would be a total [bleep] with a tattoo sleeve that needs finishing. he is willing to take your tip and operate the robot like every other [bleep n] bartender in new york city. did you get drunk on-the-job? >> i couldn't drink on-the-job. it was better. preem would want to buy me drinks and i didn't like them. i didn't have to accept. >> who wants to buy a bar

extender a -- a bartender a drink? >> they don't want to get drunk alone i guess is the point? >> they should move to south dakota. they will be lonely yes, sir. time for a break. expensive prom-posals. first here is what is coming up tomorrow on kennedy. >> wednesday is earth day, a perfect time to de bunk myths. that's on the fox business network.

well, it is almost prom season. will she say yes? and how many views on youtube will the prom-posal get? teens who are cautious of spending money are dropping big cash on the gesture to ask someone out. uh ready coulding to a survey the -- according to a survey the prom-posal cost is $324. anyway i believe we have tape of the couple right after the prom of the let's see.

>> that is so hot. jim, is it really worth the money and energy? >> the old-fashioned way of doing it you get the girl and the night before the prom you kill who ever she was dating. then she has no one to go with and you show up. beer. she said you are a life saver. of elimination. we knocked off potential prom dates. >> did you kill them with vinegar or honey. >> killed them with kindness. >> dagen did you go to prom? >> no, my date said he had a drug-related arrest problem. i don't know if it is true. it is true that my boyfriend at the time did not show up for prom. maybe because i showed him my dress ahead of time. but i remember falling down a split of stairs and bruising my sail bone. and why even go to prom? all you will remember is what

fireball and birthday cake and vodka tastes like coming up. >> that paints a pretty picture. >> i am not painting a picture. that is actual sense memory. >> joanne would you feel more pressured to say yes to a guy after this? >> of course. especially if someone is recording it or there is a large set of people around. hopefully the guy will have tipped him off. i love surprises. you don't need to spend 324. creativity gets you more points than dollar signs. >> what is the figure we should serve on a potential prom date. you have the limo and the corsage. >> for the prom-posal, nothing, save it for the actual prom or just buy the

shoes. save all of the prom minute. just give may the shoes. i will maybe think about an after prom party. >> metaphor rickly. where are the teens getting this money? >> drug dealing i imagine. this is legitimately insane. according to the visa survey the average family spends $919 on prom for the limo and the dress. families making under $25,000 average spending $1393. they average more than people who make more money. how? >> is it like a dowry? marry my daughter and we will spend this money? >> you need that money for food. >> rich people have better lives so it is not that big -- >> i totally get that. and it is so much cheaper to get a hooker. what a waste of money.

>> andy. >> am i wrong? >> she will probably put out where the prom date may not. >> 50% chance. i wound up going to my girlfriend's prom when i was 22 and she was 17. it is what president creepy at all. we danced a little and she went down the shore with another guy. >> please tell me there is a video of you 22. >> why did she go down to the shore with another guy? >> i imagine she wanted to have sex with him. he was that guy that makes the religious sculptures in the sand. >> we will close things out with an agoura phobic woman and see clips of recent shows. go to fox news.com/red eye.

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you can see andy and joanne on lou daabs tonight wednesday at 7:00 p.m. eastern on fox business network. coming up tomorrow on the next "red eye." return appearances from lori rothman and rich foss. >> e block. last story. that's the last story. >> well she should have

trusted her instincts. an -- a grandma set aside her fears and left home for the third time in a decade to take a walk with a friend. she fell down a manhole breaking her leg and nose. shortly after coming out said janet fall f-a-l-l used her foot to help the friend. 9 next step landed her in the bottom of an abyss. they feel the traumatic event has set it back years. we couldn't get pictures or video so here is a re-enactment of the video. >> wow. >> jim, can anyone ever really

recover from agoraphobia? >> this should be the greatest thing. an old lady walks out two steps and falls into a poe -- a poem. i am so happy this happened. >> cam de sometimes writeses writes itself. >> this selling meant should have been called victory for andy. there is also an 89% chance of story is fake. janet fall? come on. make up a better name. i am not buying into that. do you think this could rub off on you. jibe maybe. you don't even need to leave your place. you can have food delivered. have workout dvd's and a mace time of loved ones when ever you want. >> it is the talking to loved ones part.

>> should she brame her trend for putting her in this situation? >> absolutely. the only story that would have been better is she was hit by a falling safe. >> a grand piano. >> i would give all of my savings for a video of this. even a re-enactment. even if it didn't happen in real life let's just granny falling in a hole. >> why is there a pallet there? >> when she didn't see her shadow she would have walk etd back in and everything was fine. >> did she slay unicorns? no. >> there was a pallet because the person who made up the story didn't do a good job. >> maybe somebody was driving a ford. better cover this up. >> a special thanks to dagen mcdowell and andy levey and joanne nosuchunsky and time

norton. i will see you next time. didn't we have fun today? well done. thanks for having me. that was a lot of fun. on car insurance. everybody knows that. well, did you know that game show hosts should only host game shows? samantha, do you take kevin as your lawfully wedded husband... or would you rather have a new caaaaaar!!!! say hello to the season's hottest convertible... ohhh....and say goodbye to samantha. [ male announcer ] geico. 15 minutes could save you 15% or more.

love to have your regards, eric. >> that's it for us. see you tomorrow. the carrot and the stick. as the u.s. tries to coax iran into a nuclear weapons deal, u.s. warships are there and what are they authorized to do? this is "special report." good evening and welcome to washington. i'm bret baier. american diplomats are preparing to resume work on a nuclear deal with iran to try to delay the ability to build a nuclear weapon. this as american naval vessels are keeping a close eye on iranian ships, which may be trying to add more weapons to the