tv Justice With Judge Jeanine FOX News June 13, 2015 9:00pm-10:01pm PDT
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this is how mike fincham fights cancer. cancer treatment centers of america. for more information go to cancercenter.com appointments available now. breaking news tonight on two stories. dallas police department headquarters attacked by a gunman armed with an automatic weapon and shotgun the suspect shot by a police sniper. we'll take you there live for the latest. this, as a frantic manhunt continues for two convicted murderer who's escaped from a maximum security prison in upstate new york. thanks for joining us. tonight we have live fox news team coverage from the scenes in both texas and new york. and in moments the fox news exclusive with andrew wily. the district attorney at the center of the new york prison break.
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but first, the latest on the search for the escaped killers. peter doocy is live outside of the prison. peter? >> reporter: several dozen corrections officers just spent a long way searching for two murderers returned a few minuting ao. we had a chance to ask how it was going and if it was frustrating not finding anything. he shrugged and said pretty much. it's been a week with 0 sightings of richard matt or david sweat confirmed. and search areas circling back in the woods and here, in front of the prison. so far the only person taken in, joyce mitchell, now facing seven years for giving allegedly to inmates a hacksaw, chisel andrew driver bit she looks to be in a state of shock as she pled not guilty.
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people in the neighborhood seem to be in a state of shock, too. even former constructions officers have come by to see the place that two people managed to tunnel out of this place at the center of road blocks in all directions, that are manned by concerned corrections officers to make a show of having their guns out when they ask people to pop the trunk as though they do expect that any trunk could have one of these fugitives pop out. >> peter how wide is the perimeter now? where are the police stationed? >> it's interesting. our hotel is a few miles away. you don't notice any increased police presence. as you get closer, about five miles around the prison there is a lot of police activity. that is where there are several check points where police stop you and ask to see what is in the trunk and intersections are
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manned by officers to see who is inside they wave you past. so the most significant search area is here in the area around the prison. but all throughout new york, they're bill boards now going up in addition to a push on social media and through the press, asking for information about these men. there are pictures, there is a phone number. so while man power is off here, the search is expanding. >> thank you so much. >> and as the search continues, let's take a look back at the time line of what happened in that prison break. take a look. >> it's been over a week since convicted murderers david sweat and richard matt escaped from a maximum security prison correctional facility. the prisoners last seen friday,
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june 5th. saturday, vanished from cells, their beds stuffed with dummies. 9:24 a.m new york state police issue an alert. sunday, 8:15 a $100,000 reward offered for capture. but this was no ordinary prison break. playing out like a classic movie "shawshank redemption". >> 500 yards the length of five football fields. just shy of half a mile. >> the killers used power tools to drill through their adjoining cells. making their way to a cat walk. finally gutting their way to freedom through a steam pipe,
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leaving behind this mocking note saying have a nice day. since their escape, sweat and matt eluded authorities and remain on the run the search expanded to nearby states. local residents are forced to live in fear. >> i haven't left my house very much. >> police continue to search to locate the dangerous convicts. warning civilians to be on alert for the 34-year-old sweat, convicted in a 2002 killing of a sheriff's deputy. and 48-year-old matt, serving 25 years to life for kidnapping, killing and dismembering a former boss. >> these are very dangerous individuals. the state police ask the public take no chances make no efforts to apprehend them.
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and report any suspicious activities. >> with me now a fox news exclusive, andrew wily, the clinton county district attorney at the center of the case. good evening, district attorney. >> good evening. now, the charges against joyce mitchell, we've got promoting prison contraband as well as facilitating escape. these seem to be low-level crimes. why so low? >> well, judge, they're low because of the offense of escape in the first degree is a d felony in new york state for two individuals, as indicated earlier, convicted of murder and are serving life sentences. so that is what the law set and that, i think is a topic of conversation for the governor
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and our senate and assembly people in albany. >> i couldn't agree more. i can't imagine there isn't going to be a review of the statutes if a delay to escape by prisoners at this level. i understand that mitchell provided some tools, but not the power tools. do we know where these two guys got the power tools from? >> well, it's my understanding, judge, that the power tools were tools in the facility down in the tunnels of the facility, where contractors, civilian contractors have come in and their policy within the facility that they can leave certain tools in their tool boxes, locked up in an appropriate manner according to corrections policies. so inmates escaping, getting into the tunnel area were able to, we believe, locate a tool box, get it open, then use tools
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that were within the tool box. >> now, the facility we're talking about is maximum security facility in new york state, one of the toughest prisons in the country, i understand in terms of the inmates there. there is never been an aescape from there. that correct? >> that is correct. there has never been an escape until last saturday. >> that is in over 100 years, correct, d.a.? >> yes, yes, over 100 years, judge. >> let's talk about the relationship between joyce mitchell and these those guys my understanding is that they worked in the same area. i'm not going to get into personal relationship people are talking about. other than to ask you, i mean, is this, is there that particular area, on camera? is there video taking place? these prisoners being filmed throughout the day? >> it's my understanding that
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they're not. there is video within the facility in certain locations. but these two inmates have had their jobs that they're assigned to. the tailor shop behind the wall that we're standing in front of, there are several tailor shops there. so in october, 2013, through 2014, both sweat and matt were working in tailor shop one, where joyce mitchell was the civilian supervisor. >> i understand her husband was working in that area as well. >> he has been working in that area, judge. he was a maintenance individual, civilian maintenance worker in that location. >> has joyce indicated whether or not her husband knew about this plan that she was clearly involved in? >> the statement that's we have
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from joyce mitchell over the last few days indicate he had no knowledge or very, very little knowledge, if any regarding this plan. >> but the investigation continues, i mean is it possible there will be more arrested? >> it's very possible. we're, i know, i was saying we're not leaving any stone unturned we continue to speak with the inmates, continuing to speak with employees in all of the corrections officers in contact with these two very dangerous inmates over the past few months here at clinton correctional. >> i want to ask you about the honors program. you're a da. ways a da many years in new york state. how do you get into an honors program when you have dismembered a human being, after killing him, when you're a lifer without possibility of parole, when the other guy killed a police officer, a sheriff, run
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over him, then shot him in the face? how do these guys get into an honor program? does this thing need to be researched? >> well, it's a great question. and it's a question that is being asked right now. my understanding in speaking with a few of the officials at clinton correctional facility is that a, an inmate has to be in the facility for a period of time. nine months, up to nine months in the facility, i believe is the time frame that is provided then, they have to go through a period of time of not being written up, not confined to their cell or a seven day period as long as they continue to have good behavior, they can make a request to be in one of these honor blocks. like "a" block is. that is what happened.
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>> let me just say, d.a., i made an inquiry. and my producer was on the phone the response from the department of corrections was an inmate in custody is exhibited satisfactory behavior is eligible for honors when calling for the statement in writing they somewhat changed it and we asked for written confirmation said, quote, the department is not releasing information about honor housing. i sent you their displinary history. i think if someone is a lifer and is a violent killer, not just a career criminal, they should have chips put in them or a gps so that the whole idea of
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an honors program is ridiculous we should be able to track them at any point in time. do you agree? or disagree? >> i don't disagree with you. i agree on you of some form of a system. we need to avoid this situation from happening ever again. we're spending a million dollars a day in the search for these individuals. yes, i think there has to be some prohibition to safeguard against this. i mentioned gps yesterday at the briefing we have had and or a chip. one thing they did tell me about is that with the inmates, in the facility whether in a block that -- it's to some extent there is a sense of calm, maintaining a calm to allow them to have this honor system. allowing them to, you know, live near, day by day.
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like you sid, judge, they're convicted felons they've committed murder. there are a number that have prior murder convictions on the honor system program. >> all right. thank you very much. i am sure we're going to talk to you again on this. >> thank you, judge, i appreciate it. >> and with me now, michael alec, a former inmate at the same facility released last year after sevening 17 years for killing his friend all right. andrew, quickly, why did you kill this man? >> i was high on drugs. and we were in a fight. nobody meant to kill him. it was an accident. >> but you went to prison 17 years. >> yes. yes. tell me about the place these guys are. >> it's a tough place to get out of. like you said nobody has done init since they've it was built. i wasn't surprised they were able to do it. once you have tools and power drills, kind of very difficult
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to get. >> when you were there did you see power tools? >> no. not available to have. i am sure if they were building something, the tech crew or something like that but they won't have been inmates but contractors coming in from town. >> did you ever get into the honors program? >> yes. >> you were convicted of? >> manslaughter. >> all right. in the program did you meet this joyce mitchell? >> i didn't. i didn't. this is a lot of turn around in these places. people don't stay in the same jobs for a long time, but you know, honors program today is kind of, as much for officers as for inmates because officers want to create an environment that is safe for them, and they want to be able to walk around and not feel like someone -- >> but when you pop out of a man hole -- >> you do wear it outside of the honors system, too.
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you can't have certain colors or any blue, black, or gray. >> all right. so are you surprised about the rumors about a relationship between joyce and these guys? >> i wish i was but no. >> tell me why. >> because it happens all the time. i mean, i've seen it happen time and time again. and it's always in the tailor shop or someplace where the inmates and civilian will have privacy. you know? there are no cameras. >> what do you mean? they have privacy with the inmates in a prison employee? >> yes. they're in rooms where nobody can see them. >> they know there are no cameras? >> yes. >> are you surprised these guys broke out? >> yes. yes. it's virtually impossible. i would say. very difficult to get out of that place. >> all right. did you know these guys? >> no. no. i mean, i would have -- if i would have seen them, i couldn't tell you what they look like now after seeing their picture 100 times theshg look like every other convict there.
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>> what would, would you, were the guys in prison now, i understand they haven't been able to go outside. >> it's got to be tough there. >> what -- put me inside of the facility. >> they're shaking their fists at those two. they caused so much trouble. for six months it's going to be under scrutiny. they're going to follow every rule. they do this for a while, then become complacent and something else happens but while following rules it's impossible to -- sort of like after terrorist attacks. >> michael alec do you think they'll find them? quickly? >> your guess is as good as mine i don't know f they haven't, what is it? you get 25% or 50% cut chances of finding them? it's got to be down to 3%. i don't know. >> thank you for being with us. >> thank you. >> and coming up, a former u.s.
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murderers escaped from a maximum security new york prison. 800 officers taking part in the search today for richard matt and david sweat. this as prison employee joyce mitchell is behind bars on accomplice charges. with me now, retired u.s. marshal lenny depaul. it's been over a week. what are these guys doing? what are they eatiny living? >> it's an intense manhunt, as we speak. these guys, from what i understand, they're eight days into it, they're miserable. it's been raining. we're hoping they're contained within this perimeter that's set up and we put this to bed sooner than later. >> you know what doesn't make sense to me? you got these two guys. joyce mitchell, prison employee who was supposed to pick them up, bails out on them. did they make alternate plans thinking maybe she's a flake and she won't follow through? >> you've got the manhunt that's
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ongoing and you have the fugitive investigation. they're thinking outside the box. they've got leads going out to several states within the country. the investigation has to be ongoing. it's very possible they got a plan b, maybe somebody else picked them up. i'm hoping i'm wrong and they're contained in that perimeter. >> the wrappers they found are consistent with food in the prison? >> maybe the dogs had a bad day. again, i'm hoping i'm wrong. >> you think the dogs had a bad day, the prison warden had a bad day. >> anything's possible. but i want the public to realize that. just because they have this perimeter ongoing -- >> but the perimeter is only five miles. >> it will keep shifting. >> i'm sure, but i'm scared. is it just a question of time
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before they take hostages this >> that's the other thing that scares me. there's been no robberies, no carjackings. it's too quiet and scary quiet. these guys have no skill sets as survivors in the woods. they're searching over 500 summer homes that apparently haven't been opened up yet. tactical units are doing their thing. >> so we have the summer homes. and i know the northern border up there. it is porous. we talk about the southern border porous. there's a northern border that's open and then there are the tribal areas where you've got the lakes and the rivers and the indians of the tribal areas. so they could have gone north. >> they could have, but i don't see that happening. if ms. mitchell is cooperating 100%, she doesn't pick them up. is there a plan b? maybe she was never supposed to pick then up. a lot of what ifs going on. >> if they were playing her -- >> sure. she probably didn't even know
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she was being played and they did have somebody else involved and somebody else picked them up. they crawl out of a manhole and leave a note, have a nice date? if mitchell doesn't show up, they're not going to leave that. there's a manhunt and a fugitive investigation. >> how is this going to end? what is their mindset? >> law enforcement has their hands full. they had an elaborate plan to get out of there, suicide by cop, i have no idea. but they're going to take enough precautions if they corner them. there's a lot of unanswered questions. >> if they're together, they split up. >> they need each other, they've been together since 2008. so they lived side by side. they were in the yard together, they ate together. so if in fact they're in the woods, contained in this perimeter, they're feeding off of each other. law enforcement gets close, they'll zig when they should have zagged. >> do you think they have
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weapons? >> i hope not. no one is saying anything. there's no hostages. there's no break-ins or robberies going on. the community is quiet, which is scary to me. eight days into this, i hope they're not long gone. >> what's scare yes to me is it took five days before they got a scent that was within a mile of the prison. >> i understand that. but there's a whole lot of leads coming in to the task force. they shifted that perimeter 30 miles away when the two guys were sighted going into the woods. >> they're keeping us hopping, these dirtbags. >> yes, they are. yes, they are. i'm hoping it goes down without incident. >> lenny depaul, thanks for being with us today. coming up, the latest attack on law enforcement. automatic weapons fired outside a dallas police
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live from america's news headquarters still no news as hundreds of law enforcement searching and putting local residents on edge. a prison worker is charged with helping david sweat and richard matt escape, accused of smuggling chisels to the men. prince george stealing the show at queen he liz ben's birthday celebration. the 23 month old prince waving to the crowd of well wishers, so cute. his baby sister, princess charlotte did not attend that.
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now back to justice with judge jeanine. breaking news tonight. dallas police headquarters attacked, leaving one suspect dead. police say the armed man came with automatic weapons and a clear intent to do some major damage. casey steegle is leave with the latest. case? >> reporter: good evening. the witnesses that we've talked to today say it was almost like watching an action movie playing out in real life and the dallas police chief said that his officers barely survived this gunman's attempts. and that they literally had to dodge bullets. listen. [ gun pyre ] [ gunfire ] investigators say the man pulled up to police headquarters and opened fire with an automatic
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weapon. police tell us he left explosive devices in a parking lot containing nails and screws to do the most damage. two pipe bombs detonated safely by the bomb squad and look at the bullet holes in front of the police station, glass shattered up to the 7th floor. the suspect then led officer on a chase south of dallas. and that is where a standoff ensued in a fast food parking lot. officers fired shots into the suspect's fan to disable it. and then shot and killed the man in process, the man who is not being identified tonight. investigators tell us the gunman made a call to 911 going on a rant for nearly five minutes how police were responsible for him losing custody of his son. everything coming to an end this
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afternoon. once a bomb squad robot detected two more robots inside the armored vehicle. so atf teams detonated them and it sparked a fire. the vehicle burned down to a mere shell, and i've got to say when you walk around here, the road is now open, but when you walked around here earlier and you saw the shell casings and the fbi agents out here processing this elaborate crime scene, judge, it is amazing that no one else, officers or innocent bystanders, were hurt in this whole ordeal. >> all right, casey, thanks. with me now is sheriff david charge from milwaukee county. thanks for being with us. what is your take on this? >> crazy. it's almost surreal what happened in dallas. it's only by the grace of god that some citizen or police officer weren't killed. these assaults are coming from three sources. one is the cop ahating
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anarchists. the criminal element, we saw it in new york. two officers shot in st. louis. we saw the garland, texas isis type situation. that's a whole new ball game there. we saw it in hattiesburg, mississippi. when isis encourages homegrown terrorists to assault police officers. we saw it in boston when the guy was on his way to behead a police officer. we hear nothing from the white house. we have a serious terrorist group making threats against u.s. citizens and military and law enforcement, and there's no sense of urgency on the part of this white house to hold those individuals accountable. and i mean more than just rhetoric of we're going to bring them to justice. >> when you think about this, it's almost like a full-prong attack on law enforcement, law enforcement and the military, which is really the only
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semblance that keeps chaos back, are considered the targets. they're really now the bad guys. >> you know, the isis -- when it comes to isis and the criminal element, you can use all three of these. the anarchist, as well. they know there's not going to be much done about these threats and these assaults on the american law enforcement officer. isis knows that this administration doesn't have the will or the resolve to make them pay. i'm talking about make their lives hell for threatening the lives of u.s. citizens here and home and abroad. >> right here in new york city, there was a counterterrorism unit in the police department that has pretty much been cut back by mayor de blasio. now they're saying we have some of it up and going, that's supposed to investigate some of these organizations that might be, you know, promoting the kind of jihad mentality.
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and we're pulling back on it. >> they have their hands tied now. not just in new york but other areas because of the sensitivity. you heard the president talk about he wants law enforcement officers to engage in more dialogue and to deescalate and that sort of thing. look, the use of force in american policing are inseparable, unfortunately. and to try to declaw the american law enforcement officer is only going to embolden these individuals. that's why we're seeing these things escalate. this down in dallas, it was surreal. >> this guy was in some kind of an armored vehicle. >> we heard this from the president of the united states as well, this cutting back on equipment, the militarization or demilitarization of the american law enforcement officer or agencies. judge, this isn't -- we're not in kansas anymore, okay? unfortunately, this is the state of things, and if we don't realize -- when i say we, we in
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law enforcement realize it. but if this administration doesn't get behind law enforcement instead of continuing blasting us, you're going to continue to see the criminals, the cop-hating anarchists and now isis. that's a game changer, judge. >> you're a sheriff of a big county. what do you tell your -- the men and women on the force? >> i tell them, you keep your head up first of all. keep your chin up, do right by people. go out there, make your community safe. let me fight the politics and i'll have your back as long as you do things within the constitution of the united states, i'll fight the political class. >> and they're lucky to have you. good to have you on the show. up next, new information from intelligence sources about isis. plus, he did it again. six more gitmo detainees released, including alleged bin laden bodyguards. the breaking details are next.
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developing tonight, six more gitmo detainees, including alleged bin laden bodyguards released. intelligence sources tell fox news that isis militants are now reportedly using libya as an entry point into europe, and then the united states. joining me now, retired army lieutenant colonel tony shaffer. good evening. your reaction to the latest gitmo reloease? >> it's a continuation of what the president promised to do. the political narrative is driving the train, not the interest of the american people, in protecting the american people's interests. these guys that he's releasing,
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the bin laden driver, the taliban five, these are all hardened terrorists who participated in acts of terror against the united states, and killed our people. frankly, it makes no sense at all regarding keeping our allies or us safe. >> what's interesting is that the national security spokesman said that keeping open gitmo weakens national security, it drains resources, it damages u.s. relations with key allies, as if they need to do more to damage those relations. and it emboldens violent extremists. maybe we should let everybody out of jail, too because it makes people angry. >> gitmo serves a purpose. it's a place to bring people who are noncombatant. the law of war would allow us to kill these people on the battlefield.
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they're noncombatant individuals that don't get the law of land and warfare given to them. >> and this week the chairman of joint chiefs said if the u.s. took control, we could really defeat isis. what the hell have we been doing for the last few years? >> that's the problem. general dempsey, it's time for him to go. this concept he's trying to put forth is insane. either you're in this to win it or stop pretending. judge, this is what is -- this is what's wrong with our policy right now. we know how to go about doing what we can to defeat isis. we can organize our arab allies more consistently. the egyptians, the jordanians want to join. we can work with our allies on the ground and put special operations command in place. special operations command is being held back. so we could do a lot more.
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>> a couple more questions. the president approves the sending in of 450 more u.s. troops. the same week he says he has no strategy. it seems crazy, but let me ask you this, the biggest concern right now has to do with this statement that libya's now the easy entry point into europe and ultimately into the u.s. they're saying this is the way to america. are they right? >> absolutely. they're related. the 450 is insulting. it puts more impetus into isis, it gives them more momentum. with that said, they're continuing to spread globally. we are so centrally focused on iraq, we're not looking at the big picture. libya will become a profit center. they're charging refugees to go from libya to europe. we destabilize libya, and now they can get people into that refugee stream and go to europe
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or come here. it's inevitable to get people here or in europe and planning for a 9/11 attack in the future. >> sheriff clark was talking about the fact that there was a call to attack law enforcement by isis and a call to attack the military. with all of the denigration of law enforcement and with this building up of hatred, it's not just the lone wolves we have to worry about now. >> right. >> so there's a new -- and a picture flashed, there's a new nomination for the joint chiefs. >> general doneford's nickname is fighting joe. he finished a successful tour in
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afghanistan. i think he's in it to win it. i think he's going to do a thorough review in september, october of this year. i have a great deal of faith in him. >> fighting joe. sounds good to me. colonel, thanks for being with us. >> thank you, ma'am. coming up, an update on the manhunt for the escaped killers and my statement on a woman murdered as she waited for a gun permit to protect herself. stay with us. ♪
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>> some new information we got tonight. the district attorney explained that joyce mitchell, shortly after planning to pick up the escaped inmates at a power plant was planning to drive them to a heavily wooded area seven hours away from here. we do not know, and it's not clear whether or not mitchell has shared any information about whether that is, but that is new information, that these two thought they would quickly be taken somewhere seven hours away, but that obviously was not the case. the search is concentrated in the five-mile or so radius around the prison. something else that's new that this effort is costing $1 million a day to find the two fugitive murderers and authorities expect the effort to continue based on briefings they have given mr. wylie until some
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trace of these two turns up somewhere else. so basically the thought is that they are here until they hear otherwise. >> all right, peter, thank you. before we go tonight, my view on battered women and the protection we provide them. . most firearms applications should be ruled on within 30 days. the seemingly innocuous rule but with deadly consequences. like many battered women, carol from new jersey could almost predict the level of danger she would face. that's why she applied for a pistol permit april 21. she knew her retraining order was nothing more than a piece of paper and couldn't protect her from her violent ex. because she was not granted the permit in a timely manner, she was unable to defend herself when her abusing showed up and stabbed her to death. in spite of his status, there was no urgency on the part of
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the police to move her application along. but it's no surprise. battered women are often not given the protection that they need. when they try to protect themselves, they face unnecessary red tape that prevents them from saving their own lives. carol bound is not alone. . there are many battered women who knew their deaths were inevitable. they stand witness to our society's claim that we do everything we can to protect them. we didn't protect carol when we easily could have. carol and other silent witnesses surround us, asking whether we really have the will to protect them. and that's it for us tonight. and remember, you don't ever have to miss justice. just set your dvr and tell your friends to do the same. remember to friend me on facebook and follow me on twitter and send me your thoughts on tonight's show.
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is precious to us. ♪ love is strange just another way we put members first. join the nation. ♪ baby... ♪ nationwide is on your side i am megyn kelly. thanks for watching. >> you can do this, greg. you can do this. this is your show. don't screw it up like last week. this is going to be the one. this is going to be the one. you can do it. go get em, greg. >> it could be my son. could be anybody. you don't mess around with that garba garbage. you understand me? >> what garbage? >> don't make a jerk out of me. >> don't do it. >> don't do it. >> you are right. you are right. i won't. >> you understand we are on the r
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