live from america's news headquarters i'm jackie ibanez. protesters angry over the unexplained death of freddie gray vowed to shutdown baltimore. they promise it will be the beggest march with thousands expected to show up. so far this week's protests have been peaceful with very few arrests. baltimore's police commissioner hopes it stays that way. >> for any and all who seek to bring chaos to our city, the people of baltimore will not tolerate you hurting our community. >> gray suffered a deadly spinal cord injury while in custody. the police commissioner promised a quick investigation. he also revealed friday that

gray should have received medical attention before being put in the police van. attorneys for a man killed by an oklahoma reserve deputy releasing a memo they say shows the officer's colleagues had concern about him. 73-year-old robert bates is charged with manslaughter in the death of eric harris on april 2nd. the 2009 tulsa county sheriff's office showed he didn't receive special treatment to become a deputy, but received special treatment once admitted. ?i a strong earthquake rocking nepal. it could be felt in the capital of cat man due. there are reports of houses being damaged but no injuries or death are reported. it could also be felt in neighboring india. a computer outage disrupting sales at starbucks stores in the u.s. and canada. the problem with the register hit the east coast in the evening and the west coast during late afternoon. as a result the customers

found stores closed early while other locations offered free coffee. the company says the issue has been resolved and all stores will re-open today. stay % tuned for "red eye." >> previously on "red eye." >> welcome to "red eye." hello, everyone. i'm joe devito. >> settle down. >> i might cry right now. >> i am i might go to your cry meeting. >> you didn't follow protocol. >> take it down a notch. >> eel a get over it. >> now the thrilling conclusion. >> welcome to "red eye." i'm tom shillue. let's welcome our guests. last time i saw hershey was outside a tasty freeze with her boyfriend. it is remi spencer. and when i met hershey was employed by a bar specializing in cocktails that much is true. five years later on she has the world at her feet. joanne though saw chin ski.

nosuchunsky. he is tortured by the sound of a train outside his window. it is andy levey. and he was disappointed to arrive at a drought stricken levy. with me is jim me falaw. he is the author of "follow that car" a cob be's guide to conquering fears achieving dreams and finding a public restroom. >> a block. the lede. that's the first story. >> the ridiculous six just lost 12. a dozen native american actors walked off the set of adam sandler's latest project because they found depictions of their culture offensive. according to indian country today media network call your cable provider, at issue is insults to tribal women and characters including characters called bieber's

breath and no bra and a woman urinating while smoking a peace pipe. one woman said nothing has changed. we are still just hollywood indians. a netflix spokesperson says the movie has "ridiculous" in it for a reason because it is ridiculous. it is a broad satire of western movies fee fiewring a diverse cast that is not only part of, but in on the joke. are we in on the joke? i can't believe it. i think this is the first adam sandler movie with taste lest jokes. >> aren't we grading on a curve? you know when somebody's kid bats at the softball game you don't tell the kid the out counts. >> i think all games are that way now. >> who shows up with adam sandler with any expectation. they are frauds. >> they say all may tiff

americans -- >> not native americans. the people who went on twitter. they don't even care about the plight of the actual native american. they are mad about their fake plight. i get the indian move. it is a way to draw attention to the plight. it is not that they feel slighted but they use it as a platform. a good move by the indians and bad move by twitter. >> joanne, you are an actress? do you support them for walking off the set. >> i can play ethnically ambiguous. >> you can maybe do a native american, couldn't you? >> i can do anyone. >> she has bieber's breath. >> that's not even an insult. have you ever smelled the breath of a beaver? they are clean. they are always chipping on the wood. >> you know what happens? i don't think the actors were offended.

they knew they were doing an adam sandler movie -- or project. but then they heard it was just going to netflix and they go oh, we don't want to do this anymore. crap we need a legitimate reason to leave. >> netflix is big. that's legitimate now. >> surely in materials of residuals and rights and getting paid and all of that stuff, i don't know. i don't know if it is better to do netflix. >> i don't know if they were going to make a heck of a lot of money anyway. >> they should. they are native american. >> remi, i don't know if you agree with them for walking off the set. perhaps if you advise them -- as their advisor would you advise them to do that very thing? >> for the record i don't advise the native americans in their decision making. >> you are against representing indians. >> wow. no. i think joanne has a point. i don't think it is a conspiracy theory. they were disappointed when they found out they weren't going to be on a billboard. maybe they didn't walk the red carpet the way they did for a

big hollywood premiere. now it is a little netflix show. they needed to garner a little attention. how do we know adam sandler is not behind this? >> for publicity? >> who was talking about the movie before the indians walked off? >> we know he is not behind it because it is creative. >> what are you talking about? why is everybody down on adam sandler. all he does is make successful movies. >> he is killing it. he was making really good movies but we left the party in the 90s. there were three or four movies that i watched and laughed at. if you stopped watching, you left with a good impression of him. if you bring it up now at a party in the movie "i'm gonna get you sucka" a pimp dressed as he did when he went to jail but now that's not how they

dress anymore. no one was off fended. i didn't see israeli hairdressers over the portrayal. >> they d. >> they did? >> i have a lot of friends in the israeli hairdresser meeting. believe you me they were outraged. >> they just don't have the voice. >> i hate adam sandler makes thouing but dumb movies. that's all he is doing now. the website got their hands on a copy of a script and it is a couple years old. it is unbelievably stupid. there are jokes like put my pee-pee in your tee-pee. >> wait a minute. >> do better. if anyone can deliver those lines it is adam sand -- sandler. >> why didn't the other actors walk off in solidarity.

i am worried they will lose their liberal cred. everyone else i think they need to walk off in support of their native american brothers and sisters. i am it legit me curious. they were navajo, but playing apache. is that okay this. >> i don't think they are supposed to do that. isn't that like having a korean person flai a japanese person. >> i am legitimately curious about that. >> we have an expert who is to the a panelist. we put in a call and have him on a remote feed. gavin mcginnis. he is married to an american indian and he has a few kids. can key check in with gavin to get his take? gavin? >> i am here, tom. >> how does your 5 feel? >> my wife is american indians and i made three indians from scratch.

the first thing i learned about this culture and all tribes, thousands of tribes is humor is a par of their culture. from the first settlers talking about getting scared by guys going boo in the forest to charlie hill to the american indian comedy slam, it is who they are. it is how they cope. and now political correctness handed them blankets, but instead of smallpox it is feining offense. in the early 2000's they didn't care about the name washington redskins. 4% found it offensive. now that they adopted the white trait this truly unindian trait of censoring humor, it is up to like 95%. and this adam sandler outrage is another example of that. george or well said within every joke is a revolution.

with every sensorred joke is a form of tierney. these white liberals and their politically correct smallpox have infected indians. way to go, guys. it is not the first time around. but it is pretty bad. >> how does your wife feel? >> i gotta go. >> are you on indian land right now? is this your weekend -- oh he's gone. that was amazing live feed. it was uh paying how he could edit himself in the live feed. goof -- gavin is right. 2* was never offensive. >> that ain't no war dance. >> no? >> no. >> look, you and the chief got your signal and we will teach them a war dance.

>> see that's how you get in the spirit. you remember go, go, gophers? >> no. >> it was a cartoon. it was indian gophers and prairie dogs, officers. look, i think we have a nonoffensive clip with authentic indian dialect. >> what did he say? what did he say? >> you don't remember that? that was every episode. that was the joke, what didy say? he would do that indian talk. >> your argument is because f troop was okay -- >> nobody made fuss. >> nobody made face in the pass. things were easier when only

white men spoke up. >> and us women keep quiet. >> no there were squalls. i think they had plenty of roles. she lugged a mattress around a. the guy who was publicly shamed even after he was cleared of wrongdoing. last fall she was carrying a mattress in protest around the campus which the school approved as a performance art piece for yore senior thesis. in his lawsuit paul who again was cleared by police and campus authority arguing that the school allowed him to be objective. he also says his job pros jects have been hurt. i want to go to my legal

expert. should he sue or try to make hay. maybe he can become mattress boy. >> i think he should sue all the way to the bank. the cops did clear him. if you read within the article he has been accused two other times. that's the one thing about this that's hard to over look. it is what what they say. where there's smoke there's cosby. yeah, i kind of feel for the kid. i feel like this one of of the most damning articles in rolling stone. a lot of time if you read a crazy campus. oh mattress? publicity scheme. she's full of it. for all i know she could be a victim. i could be saying that. i feel like now more than evidence more cynical by the

campus authorities. if i am him i would sue all the way to the bank. do you know how big that loan is. do you know how many? it is a lot of ven tees. >> as a criminal attorney does he have a case? >> he has a claim. i am not sure how big his case is. this is a perfect example of a lawsuit that is going to settle. he is not suing the student who maybe falsely accused him. he is not suing her because she doesn't have deep pockets c. he is suing the university saying because you allow her to carry a mattress and harass me, i am damaged. i can't get a job and therefore columbia it is your fault, pay me. i think it is telling about his motives and maybe he won wants to clear his name. it will be confidential and he

won't be allowed to talk about it. it will be about money and not the truth. >> she cut the tag off the mattress. >> it is gonna burn. >> she will need my representation then. >> joanne, his reputation was destroyed. his former friends would cross the street. should he be come sen stated? should he sue her as well. " she should get 1 million and then another it will just because. harassment is a two-way street. coping a safe place shouldn't come at the expense of another person's safety or well being. >> are you reading from the skoal's policy 1234. >> i work at columbia and i am a theater fro -- professor. >> how about this, andy? why doesn't he sue the media

andy the media. they love the mattress thing. maybe it is they who you have to go after. >> they don't have any money. >> a couple of things, first of all on a serious note in cases like this the standard seems to be always believe the woman. i don't think that should be the case. the claim should be always take the woman's case serious re. seriously. i think that's what we need more of here. i always have a problem with campus police. you have to go to the police, police. i read his filing and it is compelling. he seems to have caught her in a number of falsehoods. he produced texts after the alleged incident that were very very friendly and very charming and then it evolves into a he-said she said thing. it is hard possible sure.

he is suing for gender kiss crime nation. i think he has a poimt. >> i know y'all want to -- oh can we? do i have to go to the next story? >> last one remi. andy brought it up. p oi nt of the rolling stoles article is campus is camp. they have to report this. the police have to be involved in these investigations to do exactly what he said. do a thorough investigation. if the schools are trying to i'd it so they don't affect their april plaw clants each year. we won't have a student carrying around a mattress. if she was a victim that's not the way she would be reacting. the police and colleges need

to work together brer. >> i say don't even work with them. if a woman is beaten by her nfl husband call the cops. forget the nfl. >> campuses can't deal with it. let the law has handle it. >> you always say students job in duel skills of. >> she is -- she is carrying it. did he accept donations from russia in more after the break. stick around.

i'm sorry. my sorry wasn't sorry enough.

that's the subject of tonight's -- there are two kinds of apologies sincere and insincere. kids know the difference. if they don't do it right you make them go back and apologize again but this time like you really mean it. with adults we flip the equation on its head. we demand from them the insincere version. i don't get it, tom. what do you mean? >> jeremy renner and chris evans , two hollywood movie stars, were on a junket about their new movie. here is the answer against their fellow character black widow. >> would either or both of you and now object -- obviously -- what do you make of that? >> she's a slut. >> i was going to say something along those lines. >> trick man.

>> well, usually a comment like that is followed by a comment like this. >> we answered in a juvenile and offensive way that rightfully angered some fans. i regret it and sincerely apologize chris evans. people praise evans' apology but we are not so fast to accept renner's. he said i'm sorry this tasteless joke about a fictional character off fended anyone. it was not meant to be serious in anyway. just poking fun during an exhausting and tedious press tour. the i'm sorry you were offended didn't pass muster for the finger wagers, but it is more sen sear than the i'm sincerely sorry. they were joking around and everyone knows it and they should get over it. renner said as much so now he is back in detention. it is easier to grovel so he can get back to recess.

>> andy, i just made so much sense. are the per perpetually outraged providing for everyone or providing great stories? >> i think if we learned one thing is that evans has a better publicist. >> he probably had a publicist answer it. >> i like how they apologized differently and they uh poll easy. >>ed separately. to me, that's the sense of the avengers. >> this was as harmless a joke as you could make. the joke wasn't even about a fictional character. it was a joke about fans shipping her -- do you know shipping? >> yes. >> the joke was about how fans keep hooking her up with the different guys in their fictional twerld. they were joking about she is a slut and she is a who are.

it is like the fictional fictional universe. jimmy, you are a comic. can you explain to people that it was about guys. it was like gross speak and it was funny. i feel bad for the percentage of comic book fans that are trying to shed the perception they are a bunch of losers that don't get it. they have come a long way. here we are in a situation where they are setting them back again. they look like idiots. who is the victim? whose life was screwed up? >> there were a lot of tweets. these guys, these numb skulls. the only person that was really screwed over were the two publicists who probably had to work late. someone missed the t-ball game. >> i wail make your birthday. this is the year i am making a

birthday. >> he is like, i am working on the uh jeanedders. uh general yes sirs how could it be. >> you are media savy. you know your way around. you have good atence answering questions diplomatically. >> can stars be good at that? >> they just have to be good at their own stunts. >> do they do that? >> sometimes they do. the public apology is the new handwritten thank you note and it is the polite thing to do and the person who receives it just throw itself away. it doesn't matter how floury the hand writing is or what is in the note. it has to be the transaction of writing the note and handing it off and it being read for formality sake. it is a waste of time and energy. >> they move on. >> i stopped giving gifts. >> remi -- >> you don't have to write me

a thank you note. >> recommend mow you probably loved when people put their foot in their mat because they confirm they should have a lawyer doing the talking for them. >> they both have lawyers and agents doing the talking for them. jeremy renner says forget it. i am writing my own apology. i am a huge jeremy renner fan though. he can do no wrong in my eyes. it was a joke and it was silly. his apology was good for me. >> i liked it better because he was honest! >> when people say true story and then tell you a story it calls into question what they did before. like sincerely sorry. if you don't say sincerely you are not? >> i think chris evans had to do a stronger apology. he is captain america. >> i get it. i get it.

ahead abercrombie no longer requires male employees to be hot. i know where i won't be this season. first a word from our sponsor. would a tom shillue by any other name be so sweet. i placed my ballot.

this is a fox news alert. a strong earthquake rocking nepal. the 7.9 magnitude quake could be felt in the capital. there are reports of heavy damage with toppled walls and collapsed buildings. you can see photos here. rescue teams are there at the scene right now. there are reports of injuries, but no deaths so far. the quake could also be felt in neighboring india. all is clear at the statue of liberty after a bomb scare on friday afternoon. the threat came from someone who called fine-1-1 and said they were going to blow up the landmark. hundreds of visitors had to evacuate by boat as a precaution. no one was hurt. hours later a security sweep including a k-9 turned up no explosives. the statue of liberty will re-open today. attorney general eric holder is bidding farewell to staffers at the justice department. 60 years under his belt and he is the longest serving attorney general. his successor was confirmed on tuesday.

she will be sworn in on monday. some opposed her nomination because she refuses to take a stand on the regal tee of -- legality of drone strikes. bruce jenner opening up to america in a perm interview. -- personal interview. >> are you a woman? >> yes for all intensive purposes i am a woman. people look at me differently. they see you as a macho male, but everything i do it is part of me. the female side is part of me. that's who i am. >> jenner telling diane sawyer that as a young boy he had a strong urge to try on his mother and sisters' dresses. the decathlon champion is better known from the reality tv show, "keeping up with the kardashians." and now back to "red eye."

you can't spell abercrombie without abs. try it. now in a major shift both abercrombie & fitch will no longer judge potential employees. they are scraping the appearance and sense of style hiring rule which had lead to an army of gorgeous hunks. meanwhile in other news a new study suggests good looking men have a harder time landing a job in a competitive cork environment because the people feel threatened. these stories are more evidence of a new war. >> we made it. >> a stretch there. remi for the longest time abercrombie only hired hot male types. is that even legal? can you hire only hotties?

>> you can. you can. i think this is a smart savy marketing plan. it is a reason to start talking about the brand which apparently sales are down. they turned it into the conservative moral values of the country. >> you'd buy it. >> that was remi's on camera answer? during the break before we got to the story she wrote it down. i put quotation marks. she said "i kind of liked walking looks at the mall looking at the hot girls." and then she said only kidding. he knows i like older men. i don't like younger men. >> is there anything wrong with that? peeking in and seeing teenage boys? >> if you enjoy them, tom you

should enjoy them. don't be ashamed. >> you were named the ambudsman three years running. do you look for good or evil? >> good looks can be used for -- no, no they can't. >> they can't? >> i have been talking about this on the show for awhile now. good looking people are better tom as are people on tv. we just are. i am tired of being discriminated against where they are not hiring us. they should be upset because yeah we are better, but you can't do that. you just can't do it. we are seeing the same thing in l.a. if any place should know better they know l.a. they have all of the water restrictions. no.

if you are on tv or the movies. you can use as much water as you want. >> i feel that's what is happening. >> it should be. >> you are on record of being against unattractive people. you would prefer they go back to their old ways. >> it is not i against them. i will continue to not go into abercrombie. >> did you go in when it was just huddy's. no the cologne the taste of my auntie em. >> they have hollister as well? you smell it when you walk by it. >> i think abercrombie is competing with other stores. we don't have forever 21 and h&m. it is so much creeper an ambercrombie. they are stealing money from these babies. with the legal issues they

have had with the looks policy and the truss this is a good mood for him. >> you used to drive a cab. an industry driven by looks. were you ever get hurt? >> no, i made sure my -- >> as a cabdriver -- can i say this? as a cabdriver -- >> i guarantee the viewers went tbhoa what i am talking about. with abercrombie. this is about shifting perceptions. they are not going to put slops out there. you know how the nfl had a concussion problem and it took awhile to speak to your point. remember the catalog? it is hand cream.

it was disgusting. that was stright kit de porn. they needs to get away from the perception like we are not going to do that anymore. no it was a good lucking dude. i think by that logic they will not get people to work in their stories. >> who will go there? >> i am the new employee. >> they will though. they will put clothes on there. it will a look very -- you never liked her in the tank top. >> i like it when they tell me i look great. at the say you look great. i do what they say. time to take a break of the up next the patriots advice vit -- pace vit is the president.

ladies and gentlemen the jokester in chief. president obama welcomed the super bowl winning new england patriots to the white house. before honoring the world champions of the national football league, the prez decided to poke some fun. >> i usually tell a bunch of jokes at these events, but

with the patriots in town i woulds worried 11 out of 12 of them would fall flat. >> well, he is one for one. the pats tightened rob gronkowski took offense. >> there is no drinking. maybe the president was getting wasted, but -- from his deflate joke. we're still wondering as an organization about that, right? >> he has a way with words. noticeably absent from the celebration was quarterback tom brady who had a family exit meant and aaron hernandez who is awaiting a sentence on a murder conviction. i've used that one before. i didn't know tom brady was so racist. >> i did. >> you do? >> absolutely. i thought it was a decent

joke. i thought he delivered it well. i thought the reaction was fine. gronk's little think afterward he was just trying to be funny and failing. i thought obama turn pulled it off niecely. i thought he did well. my problem is he also said in his speech, quote there is a disproportionat number of patriot fans in the white house. this explains everything that is wrong with the administration. >> he made some jokes about chicago as well. i think the joke was clumsy. 11 out of 12 fell flat. fell flat is not a good punch line. it is inviting groans. >> he had to align it because he was doing a free association joke. >> he didn't blind side us with the bunch line. >> it was nice to see people get there without jumping the

fence. no secret service tack leg anybody. but he could have delivered it better. and the turning around. i feel like he almost uh po. >>ed -- >> i that the the joke was great and he didn't a decent job roading someone else's line. when he turn had around he was patting himself on the back. >> he was afraid one of the maniacs may not have a sense of humor. >> i think that when the president looks at you after telling a joke and he has invited you to the white house you have to laugh. >> they didn't at first. everyone was really somber but when he turned around he said right i'm at your home and you are the host of the party and you told an awful joke. >> and kraft had a sour pus on his face. >> well, he cheated.

>> that's why it is not even a legitimate joke. >> it's true. >> it was disproven andy. that whole thing went on for -- >> you are an awesome sports fan. >> it was a silly story. when it was proved false. >> when was it proved false? >> they haven't bothered. ted wells will do an investigation when nobody cares. >> what a reared job. he is on tv and apologizing for a drone strike. then making jokes while honoring a football team. any president would have been in the same situation. it is a weird job. the president is almost always on his game as far as comedy goes. >> his writer is great. >> i feel like every president will have a speech writer and a joke writer. >> they all have them.

>> they didn't call me. nobody called me. >> you have to be silent about it. >> it doesn't bother me unless you are qualified to be the leader of the world basically. it doesn't bother me if you don't have a bend -- i don't think our president belongs on late night tv or -- >> he's done that. >> i know. >> so he should be impeached. well you know. that's not what i am saying. >> to see clips go to fox news.com/red eye.

all right my pod cast, tom shillue's third wheel is now available on itunes. you can also get it atom shillue.com. guests next week are jedediah bila jesse joyce and job devore. john devore. >> e block. last story. that's the last story. >> grand dad's in the hole and she's working the pole.

how could i not start with that? the "wall street journal" reports in china families often hire strippers to dance at funerals to draw more mourners. now the ministry of culture wants to bring an end to this sexy sendoff. earlier this year six exotic dancers showed up at the funeral of an elderly resident. the person responsible for organizing the strippers was -- i'm sorry i was looking at the b role there. the strippers were detained for 15 days. aren't funerals posed to be a time are to -- what is the entertainment going to be now? do you have comedians? that's inappropriate. i don't think they thought this through tom. i really don't. >> do you understand that everyone wants to have huge crowds at their funeral? >> yeah, i guess.

i never thought of it -- the idea of having to draw people to a fiewn is bizarre -- is bizarre. >> i wouldn't want a stripper to steal my thunder if that were my event. >> i thinking this is generally guys, old guys or something. >> it is discrimination? that's the problem i have. >> how will they enforce in this china a place known for hifl liberties. i think you just read it in the story -- i don't think strippers will show up to the fiewn will ray. >> how do they have strippers in china? >> you can have -- is there -- >> did you see the video? >> have i been to china twice and i didn't see strip clubs. joanne you wouldn't want a stripper at your funeral but should they have some in china.

>> they can do it, but only if their intimates are black. only if the lingerie they wear is black. >> no red lingerie and then it is not offensive. >> i feel like in this country 2003 would have the funeral -- they don't have to be out in the cemetery. why not go back and have an after party. >> i want to say this. it is a delicate subject strippers and funeral because that's how i met my wife. i lust the idea that the people organizing this they are trying to press it off. >> oh he would want this. i want strippers. let it rip. to me the weirdest art of the story is the china. if you asked me what country this is in she would -- i would named any -- >> special thanks to ram -- recommend smee spencer.

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