martha: nasa releasing the first batch of ultrahigh-definition videos. nasa duesusing data from solar dynamics observatory, with images in 10 different wave lengths s that cool? bill: nice. see you on radio today. martha: martha: absolutely. jon: change in strategy for donald trump as new polls shake up race for the white house. good morning, i'm jon scott. jenna: hi, everybody. i'm jenna lee in our nation's capitol today. new polls in the republican race show ben carson chipping away at donald trump's frontrunner stat does and senator marco rubio surging. shifting his focus away from jeb bush and sharpening his attacks against carson and rubio ahead of next gop debate days away hosted by fox business network. we don't want to forget about

that. blake burman here from fox business in washington, d.c. break? reporter: jenna, latest poll from quinnepiac university shows donald trump on top of the field leading with 24% among republicans. right behind him is dr. ben carson at 23. the two senators who had their debate performances lauded last week, marco rubio and ted cruz, are the only others to crack double digits. trump largely left cruz alone but in the recent days, trump has begun to focus attacks on carson and rubio. while carson is currently drawing large crowds on his book tour, frum is recycling a old line that was first reserved for jeb bush. trump brought it up again last night when he spoke with sean hannity. >> we are so laughed at throughout the world and you can't have a low-energy person. now dr. carson is lower energy than jeb bush. reporter: trump is calling into question rubio's credit card spending durings his days as florida lawmaker, whether rubio

mixed personal spending with the political. rubio downplayed the now reemerging story earlier this morning on "america's newsroom." >> it has been largely discredited and we'll address it. we have no problem addressing it. i'm running for president. i think this campaign has to be about the future of america. reporter: of note from that quinnepiac national poll is bush. he garners just 4% support from republican voters. that is his lowest tally since entering the race. his favorability rate something also underwater with republican voters. jenna? jenna: very interesting new numbers, blake. thank you very much. jon? jon: so here with us to break down the results of these new political polls, karl rove, former senior advisor and deputy chief of staff to president george w. bush. a fox news contributor and somebody who knows polls very well. so it is interesting when you look at these polls, donald trump is the number one preference of republican voters

by just a nose, 1% above ben carson but he is also somebody that 25% of republicans say they could never vote for. he is highest in that regard. >> yeah. he is only one of the major candidates tested in the polls who loses to hillary clinton. jon: right. >> look, let's step back. this is one poll. in the poll it contains the cautionary note itself, nearly 2/3 of republican primary voters say they could yet change their mind. we saw another poll last week, 71% said it was too early to make up their mind. so there is a lot of movement available here. for trump the problem is he is declining and carson is rising. the trouble for bush he is declining and rubio is rising. whether these things continue or not, we don't know. looking at recent month of polling, carson has been pretty consistently on the rise. trump has forestalled and now declined in number of other polls fallen hine carson. hence his attacks on rubio and carson i'm not certain are good news.

if you're the guy in front and start lobbying charges at a guy well thought of and well-liked in case of ben carson or appears to be interesting and moving but still back in the pack like rubio, bespeaks weakness. neither one of these attacks are particularly effective. he says ben carson don't have temperament to be president of the united states. in quinnepiac polls, among all candidates and among all voters guy with less experience to be president is donald trump. then he attacks marco rubio over use of a party, gop party-supplied credit card. yet it is donald trump who declared bankruptcy four times in atlantic city and stiffed their bondholders for hundreds of millions of dollars. i'm not certain if i were trump i would bring up financial responsibility as a key issue. jon: let's take a look how these candidates stacks up against hillary clinton who is almost stern r certain to be the democratic nominee. you touched on it karl. ben carson comes in at 50% to 40% for mrs. clinton.

rubio beats her 46-41. even senator cruz beats her 46-43. then there is donald trump at the bottom of this list, who comes in losing to hillary clinton, 43-46. >> i would make two points. first of all, remember the democrats are more consolidated behind a candidate than are the republicans. hillary clinton still has bernie sanders and mart turn o'malley but she is generally thought to be the nominee. on republican side it's a wide open contest. nobody has more than roughly a quarter of the votes. so the republicans who still haven't said i'm willing to be for one of these names of another candidate i'm not for for president. so we've got some consolidating to do. the fact three, or four out of five candidates are beating her says something. second thing, look at her number. she is the best-known, non-incumbent candidate for president in the history of modern polling. nobody is better known and more well-known than she is. she is in the mid to low 40s. that is a real problem. you would expect her as being

the better-known person to, we know volumes more about her than we know about ben carson or marco rubio or even donald trump. and yet she is losing to these people who are far less well-known than she is. jon: in particular the case of dr. carson. here is a guy who grew up in inner-city detroit. was an unknown on the national stage until a year ago. and still is, does not have the name recognition that say a hillary clinton does, and for her to be, for him to be beating her by 10 points in this poll, pretty astounding. >> he has highest favorables and second lowest negatives of any of the major republican candidates. the gap between those two is 49% which is a pretty big number. a good measure, a great life story. the challenge for him, taking the great life story he has, growing up in deep abject poverty and become a gifted neurosurgeon and head of the department at johns hopkins and translate it into by the time we get around to voting he is person with right kind of experience to be president.

jon: we're talking about these polls which are a snapshot in time. >> it is one poll. jon: one poll. we mentioned yesterday the election is one year ahead of yesterday. one year from yesterday. 2007, rudy giuliani was number one in the republican polls. 2011, herman cain. >> in 2007, rudy giuliani led by 17 points and john mccain, ultimately nominee was in third place behind fred thompson and rudy giuliani. as you recall, as you just said, in 2012 we had cain momentum and newt gingrich. not until february 27th, mitt romney took the lead and kept it to the end. we voted january 2nd. we'll start voting a month later, february 1st in iowa. jon: all the republican candidates have something to crow about. on flip side if you're hillary clinton, you have to be a little concerned. >> not good. "wall street journal" pollster,

the republican and democrat do the poll for "wall street journal," nbc news, the democratic pollster said this week the problem for hillary clinton is, she is well-define and hard to change people's perception. perception of her she is not honest and trustworthy. jon: karl rove, good to have you here in the studio. >> i was expecting to see jenna and she departed town. what the heck. jon: back in the city where you spent a lot of time. >> do you think i could stop by her office to get a soft drink? jon: i'm sure you could. she is well-supplied. all healthy stuff. you have to watch out. karl rove, thank you. gop presidential candidates face off again six days from now as fox business network teams up with "the wall street journal" for the next republican debate in milwaukee. the action starts off 6:00 p.m. for the first debate and the follows up with the 9:00 p.m. on the fox business network. jenna: i don't think i have sodas or karl rove, but perhaps a colorful blazer or s

can borrow whatever he likes. >> i don't think so. we have different palate they say. jenna: we'll have to discuss that sorry to miss you, karl. we'll move on to the other story that is a big one, getting a lot of attention around the world. the volkswagen scandal is widening. the automaker says it understated the level of carbon monoxide in cars, which adds to the vehicle emission scandal. greg palkot, with more what this is all about. greg? reporter: jenna, news keeps getting worse for volkswagen. just weeks after it admitted using software to cheat emissions tests on 11 million diesel cars, it now admits to out and outlying, saying co2 levels were lower and mileage was better on some 800,000 more cars, which as you noted could include gas-powered models. while volkswagen official tells

us no u.s. cars were involved this time, it is really serious. the fix of the problem estimated to be over $2 billion. per car costs higher than the last scandal by the way. volkswagen also tells us they don't have a time frame for fixing half million cars sold in the u.s. caught up in that problem. volkswagen official does deny to us, however that they are to blame in yet one more scandal. earlier this week, the epa and california authorities charged the volkswagen group which includes porsche and audi, had installed more cheating software inside of 10,000 cars. those brands of volkswagen with larger diesel engines. volkswagen's fighting this one. so even that is a headache for wv boss matthias muller. he replaced the previous head. he formerly ran porsche. so these charges hit home. as you can imagine, volkswagen

stock not faring too well today, down as much as 9%. the whole value of the company, one of the biggest car companies in the world, has been shaved 1/3 in just this year alone. as for customer trust, we have no figures on that but that is down as well. back to you. jenna: interesting point, greg, thank you very much. jon? jon: there are new developments in the case of a massachusetts teenager accused in the brutal murder of his math teacher. phillip chisholm back in court today after the judge order ad psychological valuation to determine whether he's competent to stand trial. new concerns that a relief money u.s. is sending abroad might be actually falling into the hands of isis. what the u.s. is trying to do about it. plus we want to hear from you. we'll be talking about the off-year elections a little later on, but if you paid attention to what happened last night, do you think last night's election results spell trouble for democrats in 2016? a live chat is up and running.

join the conversation by going to foxnews.com/happeningnow.

jon: now some crime stories we're following on "happening now." a woman who drove her car into crowd of people in oklahoma has been charged with four counts of second-degree murder. adacia chambers accused killing four people plowing her car into the crowd watching the oklahoma state parade. she was suicidal at time. and charged with 46 counts of assault. chicago community groups offering 20,000-dollar reward for information leading to the capture of young boy's killer. tie shaun lee was gunned down outside outside of a church on the city's south side. massachusetts teen accused of killing his teacher is due back in court. phillip chisholm's trial was put on hold when a judge ordered evaluation for his competency to stand trial. he is accused of killing his mat

teacher colleen ritzer in 2013. jenna: whether you know it or not, united states sends billions of dollars to baghdad to fund the country's central bank. "wall street journal" is announcing major concerns that those american dollars potentially going to isis. this was apparently so much of a concern for the treasury department it temporarily cut off fund a few months ago, sparking fears of a economic crisis in baghdad. for more on this, jonathan schanzer joins us, professor of research at defense of democracies and former terrorism analyst at defense department. you know how a lot of this work, jonathan. i hate to admit it, i had no idea we were sending u.s. dollars in huge amounts to baghdad on a regular basis. why are we doing that? >> basically the iraqky economy runs on cash. because of the fact that it is a war-torn society, credit has been a little difficult to come by. iraqis prefer to deal in dollars. this is the denomination, currency most countries like to

deal with. it is something that people trust, the greenback is that way everywhere, in just about every war zone. this is kind of the one of the lingering aftereffects of war. jenna: so the new york federal reserve. holds these dollars. these are not u.s. taxpayer dollars, right? >> right. jenna: these belong to the iraqis? >> purchased through iraqi oil. jenna: we're sending money on regular basis? why not keep it in iraq? why not keep it at new york fed? >> they're actually buying these pallets of cash. our understanding they're shipped over there in fairly large sums. and then they're auctioned off. so you have got large business, small businesses, individuals taking out loans. this is the way that the economy has been functioning. jenna: so then, connect the dots if you can for us. why was there such a concern that this money was going to the iraqi government, and then going to isis? >> well it was actually isis and iran, both equally troubling.

and according to this report, it seems that some of this money was being auctioned off to places near isis-controlled territory or perhaps through isis middlemen. so that means the dollars were heading into isis-controlled territory. and also, we know that iran has had seth influence in baghdad since our announcement that we were intending to leave, iran has very slowly but surely kind of been strangling iraq. so they were also benefiting from these dollars. jenna: what is your understanding of how much better we've gotten at following this money? because, what happened several months ago is that the united states said, no, we're not going to send anymore money. then we decided, okay, looks like we have a little bit of idea what is happening there, more controls, and we ended up sending half billion dollars in crates to baghdad to catch up, to make sure an economic crisis didn't happen inside of baghdad. what now? is it safer? >> i have to assume that it is safer. treasury has a better handle on

this but we've got to point out here that isis controls significant chunks of iraq. you have to be incredibly careful where you send the cash, where you allow these loans to be taken out. of course the fact that iran has significant control over baghdad, it seems like it is kind of a foregone conclusion they will benefit from this in some way or another. jenna: should we continue doing this? >> this is ultimately what treasury's intel is showing and how much they're able to control this i have doubts as we continue to say we want out of the middle east, don't want to deal with iraqs with we have this lightfoot print with isis that we'll have significant control. my prediction we find ourselves in crisis situation yet again as we find out more about how this money is being used. jenna: let's talk about leverage. we're providing currency and dollars even though it doesn't belong to us as amount of money. why don't we use that as

leverage and influence in iraq? this central bank is part of repercussions from the war. is this opportunity for leverage or intelligence gathering? is there something there for us? >> there is leverage but the problem is we basically said we don't have a problem iran any longer through the nuclear deal. so iranians will have their way over there regardless. we're talking about leaving iraq to the extent that we can. jenna: leaving iraq but leaving our dollars, economy still the is up under u.s. dollar. >> so continuing to help them as sort of a lingering policy from the war. jenna: it is worth mentioning too the u.s. dollars do flow to other governments besides iraq. this is not just an iraq issue with the united states but interesting to note of image flying these pallets of hundred dollar bills to baghdad. that is really salient. final question. what does this tell us about the concept of nation-building as we look in the middle east and what's next? >> it is incredibly complicated. the real point, when you withdraw, when you decide to make a big policy move like we

have getting out of the middle east it is not just that we might find our weaponry in the hands of the wrong people. it is not that you just might not find that the territory is taken over by your enemy but your economy is being leveraged as well. jenna: that is really fascinating. we concentrate a lot on weapons. now the cash is something we have to watch. jonathan, good to see you in person. have to do this more often. enjoyed it. jon. jon: a man accused of leaving his grand daughter alone in the desert is defending his actions. why paul raider said he left the five-year-old all alone with handgun after vehicle got stuck. investigators examining the black boxes in the russian plane crash in egypt. how soon could we learn what caused this tragedy? but it doesn't cover everything. only about 80% of your part b medical expenses. the rest is up to you. so consider an aarp medicare supplement insurance plan,

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jenna: welcome back, everyone. a. a man accused leaving his granddaughter alone in the arizona desert with a loaded gun is defending his actions. paul rater said he was four-wheeling when the truck got stuck and the five-year-old girl started walking to get help. >> my granddaughter was crying, moaning, because she got tired. put her under a shade tree. put my gun down, because i didn't want to carry it. i have to make time now. only reason i got something to eat, i hadn't eaten for six hours. i drank two sodas, started drinking beer because i don't like soda. so, i was dehydrated. jenna: so that is the explanation as it stands today. bond was set at $25,000 for rater on felony child abuse and endangerment charges. he is ordered to have no contact with his granddaughter. jon: russia is mourning victims of its worst-ever air disaster

with flags flying at half-staff in moscow as russian and egyptian investigators examine the black boxes from the metrojet crash that killed 224 people this weekend, looking for clues what brought down that plane. john huddy live from the middle east bureau with more on the investigation. john? reporter: yeah, and jon, this just crossed, i just got information that crosses wires from reuters from egypt's i have a say ages ministry, that black box data from the russian plane and extracted and validated analysis starting. so definitely that is moving forward. we do know according to officials whatever happened, john, happened quickly, so quickly the pilots had no time to respond, no time to send out emergency call or distress signal before the plane went down. as we know there has been a lot of theories put out there about this, a lot of speculation. that continues to be the case. we do know that the plane though had mechanical problems in the

past. the tail section was damaged when it hit the runway during a landing back in 2001. in this case the tail was found about three miles away from the main crash site, possibly indicating t from the rest of the plane's body. there are also reports that the cockpit voice recorder picked up unusual and uncharacteristic noises, according to russian media from sources. these noises in the background, possibly that could be related to the tail section separating. that we're waiting for confirmation as analysis is just beginning. still, you know, terrorism is not being ruled out. a u.s. military satellite as we know picked up a significant heat flash from the plane before it went down. now there are also reports in the russian media that metal pieces have been found in some of the recovered bodies, possibly indicating shrapnel from an explosion but there are also reports, i want to be clear, that no explosive residue

was found on those bodies. this of course as the grieving continues in russia. mourners outside of airport in st. petersburg, laying down flowers. at this point, as far as recovery effort jon, so far 143 bodies have been found, 33 have been identified and at least one body has been returned to the family for burial. egypt's aviation ministry saying black boxes have been extracted. information is being analyzed and validated. we should get more answers and clue what is caused this disaster. jon? >> shouldn't take long, once they actually start looking into those boxes. john huddy in our middle east bureau. thank you, john. jenna: speaking of the middle east, new concerns as syrian civil war could get bigger and could get bloodier. what is sparking that dire prediction? we'll go in depth on that.

plus he is accused of stalking a tv anchor and stealing her identity. what prosecutors say sparked the crime and dramatic testimony when our legal panel weighs in diabetes, steady is exciting. only glucerna has carbsteady, clinically proven to help minimize blood sugar spikes. so you stay steady ahead.

jon: right now a quick look what's still to come this hour of happing now. -- "happening now." syria's deadly civil war raging for more than four years with indications conflict could get worse. accuse of killing his own parents. why prosecutors say he did it

and who else is involved? what is sweet for people could be deadly for dogs. a push to put warning labels on a common ingredient. ♪ jenna: "happening now" today, new concerns about the syrian civil war raging now for more than four years. while president obama insists he doesn't want to turn this conflict into a proxy war, there are fears the situation may spiral further out of control. "washington post" headline reading in one column, how the syrian conflict could get bigger and bloodier. with david ignatius writing if russia, iran and proxy fighters don't hip put the pin back in this grenade a more devastating regionwide explosion is hid. david ignatius, "washington post" joins me on. >> good to be here. jenna: important for viewers to know columns many in power read. yours is one of them, i know really helped form some opinions of some of our leaders what to

do next in syria. the question that you raise today, really the statement about syria is getting worse is something difficult to imagine considering the atrocities. >> it is. jenna: what do you mean by that? >> every time you things in syria can't get worse they do. i think president obama is correct to step up our support for the very brave syrian-kurdish fighters who are really on the roll in northeast syria. they have captured, by counts i hear from u.s. commanders, 17,000 square kilometers in that area. it is good to support them. i think 50 special operations forces is a sensible addition. we have see there are sharply differing agendas. this group we're support something opposed strongly by our nato ally turkey. turkey regards them linked with a terrorist group threatening internal turkish security. that has to be sort thatted out. jenna: how do we sort that out?

>> we have to talk to the turks. there is no shortcut. one thing we've learned about terrible nightmare of our involvement in this region you have to work things and be persistent. i know our commanders are hoping either think or political leaders, somebody from the state state department will sit down and work out rules of engagement with turkey so our forces on the ground in northern syria are not vulnerable. jenna: what would be the priority? as we work with some of these negotiations of political transitions and also our alliances? is our priority today defeating isis? is the priority today that assad must go? what is our number one pole in syria as you see it? >> terms of our interests i think there is no question degrading and destroying isis as president obama said is priority. our interests are engaged there. certainly our allies interest. europe is being engulfed by a wave of refugees. this has to be addressed. in the longer run, putting back

together syria is obviously important. that is work of a decade or more. starting on it, meeting with vienna as secretary kerry did last week for discussions with all the players, russia, iran, saudi arabia, turkey, as unwieldy a group that is, i think is right thing to do. not because it will lead to a settlement tomorrow but because it begins to frame the question. this is one of those conflicts de-escalating it, turning down the heat is probably as much as you can hope for. jenna: one of the challenges covering this story now, also having discussions about it, few people have actually been to syria or speak to those on the front line on regular basis. in your column you speak about talking to the spokesman for the southern front of syria. you had a conversation a few days ago. tell us about that. >> he talked about the situation on the ground and how his forces are secretly trained and supplied by the united states had been getting pounded by russian jets in a place called

al-hora, southwestern syria near israel border. this is exactly the wrong thing for russians to do. this is example why their military intervention in syria is so dangerous. again the point i was trying to make was, there is a need to sort this out now with russians. the idea of this turning into afghanistan where russia is pounding islamic rebels, getting supported by the u.s., getting weapons from the u.s., that's recipe for conflict that i think neither russia nor the u.s. wants to see. jenna: but of course you heard the isolationist streak sometimes in discussions in various political parties about, listen if it is regional conflict, if it gets worse, it is regional conflict. maybe borders need to be redrawn. maybe the middle east emerges as something different. maybe that needs to happen. what do you think of that? >> i've been following the middle east for 35 years, if there is one thing i see, when the united states steps back as president obama tried to do, understandably given all the pain the country has experienced, others step forward

if ways very dangerous for us. i think we need to be very, very careful in this effort to get america less exposed, less involved and vulnerable. step back gently and step back so you're sure you sought power to affect things that matter to our national security. jenna: if we step back and watch and continue watch for the last several years, children die in syria, we've seen atrocities too numerous to mention from isi are we guilty as well of allowing this evil to exist? is stepping back making us in some ways responsible for what's happening? can we, in our own history, what does that mean for us? >> safe to say we're responsible for isis anymore than we were responsible some people argue, 9/11. the people who these table things are responsible for them. we need to be more involved in humanitarian assistance in syria. this is one of the great humanitarian disasters of our lifetime. jenna: do you believe it is genocide? we heard that on our show?

>> genocide is word you want to be careful with. what i know it is humanitarian catastrophe. half the population of syria, half the population, imagine that, has left their homes and just more the united states needs to do. our friends in europe are being completely overwhelmed. they need help. but i think, if we want to be taken seriously as a superpower, the country that people go to when they have terrible problems, this is an example where we need to be involved. jenna: impact for generations obviously is something that is another topic for discussion as well in the years to come. david, great to have you on set. >> thanks for having me. jenna: thank you. jon? >> new developments in america's election headquarters on a day voters went to the polls. while it was off year election, some would say off-off year election there were headline grabbing results. laura engle live with the roundup in our new york city newsroom. reporter: hi, jon. major upset for supporters of legalized marijuana in buckeye

state but a victory for conservatives sent a strong message, defeating measure two to one. this is what we're watching closely. issue number 3 would allow eninvestors become growers and sellers of legalized marijuana which seemed to turn off many voters. concern it would create a marijuana monopoly. the initiative also created concerns for some employers who said they could see a lot of problems down the road with pot-smoking employees. >> literally, as an employer in ohio this goes into place, you will have to drug test your employees before they come to work, after they have gone to lunch, after they have taken a smoke break, before they leave, just to make sure that you're not facing some liabilities from somebody that may be high. reporter: re defining smoke break, right? ohio's attorney general issuing a statement last night, tonight's vote is resounding statement that ohioans do not

support of enshrinement of marijuana cartels in ohio's constitution. tonight is great victory for ohio tam police and democratic process. the president of the marijuana project out come does not reflect where the nation stands. this reflects where ohio voters stand on specific and rather unique proposal in off election year. we have big moment to talk about for conservatives in kentucky last night. this is the race for governor going to republican matt bevin, who many considered a controversial figure as political novice and tea party member. bevin won the state's governorship with 52% of the vote. his running mate jeanine hampton is first african-american to host statewide office. bevin ushers new era where democrats held the governors mansion all but four of last 44 years. jon: a lot of changes out there. laura engle. reporter: thanks. jenna: a new health warning of your dog, of all they could be warned for, right? sweetener, commonly used by

humans could be deadly if consumed by your pet. we'll tell you what it is and with to watch for. woman takes the stand to testify against an alleged stalker. what they accused him of doing after they broke up with him.

jenna: welcome back, everyone. new information on common sugar substitute that can have deadly side-effects if dogs eat it. the sweetener is safe for humans but can cause seizures or liver failure in dogs. it is used in sugar free gums and candy and even peanut butter. they are trying to get warning labels out for products containing xylitol and to check all labels of sugar-free products in their kitchens. jon: an alleged stocker on trial in philadelphia for harassment and i.d. theft. a television anchor, eric con

teal, staking the -- erika von tiehl, accused john heart of canceling their cable service as they broke off relationship. she is not the only alleged woman. another woman is testifying about his behavior. joining us criminal defense attorney troy slayton and press tore wendy patrick. for erika von tiehl, she says she really doesn't want this. doesn't want publicity that comes with having to file suit against a guy you used to date but this guy's actions were pretty scary. what is he facing, wendy? >> well, i'll tell you, this is a case where patterns make the predator. in other words, history repeats itself. it is very common in case like this when you have current prosecution going on to be able to use testimony from past victims, even if, jon, those victims were never formally charged as victims. that's what we see here. we see sometimes fact patterns from the past resurrected in

order to add fuel to the fire if you will, corroborate current patterns of stalking. so what he is facing, jon, not only potential stalking convictions, remember he has been charged with identity theft, changing cable phone numbers and social media passwords. there is awful lot of facts to prove here. but they're starting with this pattern of not only facebook, sort of overtures being made to get the relationship started, but also using a social media savvy to really disrupt somebody's life as he apparently did here. jon: but, troy, this other woman from the baltimore area, laura salvage, was never able to bring charges against him. he was not convicted in any way in connection with her. she says she broke it off with him after few dates because he was saying creepy things. took to harassing her by text message and other means. trying to get into her personal accounts, facebook accounts and that sort of thing. how can that be considered evidence if he was never

convicted of any of it? >> well, she only came forward, jon, because detectives in the current case contacted her. otherwise we wouldn't even know about this old case. and look, as former prosecutor i used it but as a defense attorney it is just not right to bring up in front of the jury this evidence of these prior uncharged conduct, what we call bad acts, because, it allows the jury to consider things that have really nothing to do with the current case. it allows the jury to try and convict somebody just because they don't like them, because they think he a bad guy. this trial should really about what's happening here what this case is about. jon: let's turn our attention -- >> jon, in a case like this, the jury will be strucked they are not to consider those prior bad acts in of themselves being true beyond a reasonable doubt. in other words they will be instructed how they can use that. >> you know, wendy, that the jurors will consider this

because they're going to think, oh, this guy did it before. then he must have done it now. that is just wrong. >> but that is part of the reason they're admissible, they tend to show, in other words it wasn't accident. not the first time. but troy's right, that is the defense argument they have to be very clear jurors know how to consider that evidence. jon: we'll continue to watch that case but there is one other we want to bring up, a connecticut man arraigned on two counts of murder after bodies of his parents were found last week. we've talked about 27-year-old kyle navin quite a bit. as we were on the air he was being arrested and charged with the murders of his parents, jeffrey and jenette naven. prosecutors say his parent were planning to cut him out of his will. his girlfriend is charged with conspiracy to commit murders. the case against him, he was already in jail on firearms charges, federal fire arms charges resulting from a search of his home. authorities found guns.

they found drugs. how much trouble is this guy in? >> a lot of trouble given the fact that his parents were shot, first of all. the other thing i want to mention quickly, this case will be proven motivewise, motive mat by text-messaging. when i became prosecutor, it was he said/she said, nobody had corroboration in writing. here we do. would i imagine that will play a major role in this case both for had young manned and his girlfriend. jon: his girlfriend jennifer, he texted her, troy, said he had a perfect plan to get them some money that would let them live fabulous lifestyle for the rest of their lives. this is a guy, his parent bought him his own house. they were apparently angry that he hadn't paid taxes or paid mortgage. does that provide enough of a motive? >> i don't think so. and it really seems like the girlfriend here was impetus. a la lady mcbeth. she was one really pushing him. want ad new garage and wanted

remodel of home. i always tell my clients never text anything or email anything that you wouldn't want to be read aloud at your trial. jon: troy, wenddy, we'll keep an eye on it. we'll be right back. is hi i'm heather cox on location with the famous, big idaho potato truck. our truck? it's touring across america telling people about idaho potatoes. farmer: let's go boy. again this year the big idaho potato truck is traveling the country spreading the word about heart healthy idaho potatoes and making donations to local charities.

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