we will have latest updates and best analysis in the business right here on fox news channel. we want to say thank you to jonah goldberg. >> thank you. andrea: we'll stay here, keep you for overtime. we'll be on the web. see you there. see you tomorrow at noon. "happening now" starts now. what will the jury decide? >> high wind and rough seas.

did the captain try to outrun a storm? >> and -- >> champions! s! >> denver fans get ready to greet their super bowl hero. gearing up for a massive celebration. all happens now. before we get you out to john in the state of colorado, celebrating the bronco, we're going to begin as in voting in new hampshire is underway and we have most polls closing. a few hours from now at 7:00 p.m. eastern time. candidates are crisscrossing the state, especially those that are undecided. welcome to happening now. >> is peyton manning on the ballot? >> he could be at this point. >> just wondering. >> i'm jon scott. independent voters make up half of new hampshire's electorate and with the option to register at the polls, that group will play a critical roll. we have live fox team coverage,

white house correspond, ed henry, has more. but we begin with senior correspondent, john roberts, in manchester, new hampshire. >> jon, good afternoon. we're at rubio headquarters. a phone bank where more than 1,000 volunteers have rotated through here in the past 48 hour, reaching out to a lot of those undeclared voters, trying to win them oaf to rubio's side. in the past couple of days, we spoke to nearly 20 of those independent voters to find out what's on their mind. we ran into bob and susan. listen. >> exciting, but probably primarily interest ed in marco rubio and one or two of the governors. >> what about you, bob? >> same here. i sort of like this guy here. i like his demean nor and what he stands for. i like the governors mainly because of the fact they have managed, but haven't made up my mind either.

>> after his third place finish in iowa, rubio rocketed into new hampshire with what his supporters dubbed marco mentum vaulting into second place. he's running neck and neck with john kasich, but he predicted to me he's going to finish strong tonight despite questions raise about his accomplishments during the last debate. >> here's the key. this election isn't about the past. it's about the future. if you want to talk about what america's going to be like in the future and by the way, i have more foreign policy experience and national security experience than every other republican candidate combined. >> but u a person's past is an indication of what they'll do in the future. >> good. they'll see i've always been a reforler zblchl he tells me it doesn't really matter where he finishes tonight. it's all about delegates after the iowa contest, he is only one off of the leader, ted cruz. cruz has eight. rubio's got seven. for a lot of candidates wrrks

they finish does matter in terms of raising money down to road, but arurubio's got oodles of mo. >> to the democratic race, bernie sanders maintaining a large lead over hillary clinton. both are out meeting with candidates today in the final push for support. 24 years ago, the granite state played a crucial role in keeping bill clinton's presidential hopes alive. he didn't win the state but, where he placed led him to become known as the comeback kid and he was off from there. ed henry has more. hi, ed. >> good to see you. it's important you add that bit of history because of course, bill clinton tapped into voter anxiety 24 years ago about the economy. and this time around, hillary clinton is facing uphill battle because it's bernie sanders, the democratic socialist, who appears in the early stages to tap into that anger and angst

and it has risen him in the poll as you say here in new hampshire, but hillary clinton trying to maybe it clear to her supporters this morning and others who have not made up their mind, that she is not giving up here and she's going to fight until the end because she's still hopeful that new hampshire will be kind to her tonight. she's been going around to some polling stations. we are here at her headquarters. people working the phones, figuring out how to get to the polls and hillary clinton early this morning said she's not giving up here. >> this is a great process and as i've said, we're going to 6 uh

>> he's referring to november 2014 where in the midterm, democrats did not get a big turnout. republicans had a big night. sanders hoping for a big night,

but then the key is what happens in south carolina, nevada and the other states yobd. one quick anecdote, one woman is working the phones, it's only 1:00 p.m. eastern and she said a lot of people she's calling here say i've already voted. they've already gone out. that's how seriously people in new hampshire take it and so, they're fighting for every vote, but a lot of people are saying i've already gone to the polls. >> if that's the case, then we should have some answers sooner than later, which will be all the more interesting if r us. great to see you as always. thank you. >> take care. >> there is a long day of voting ahead in new hampshire and anything can happen. but with polls showing trump leading the republican race, focus has turned to the battle for second place. in a field that is still very crowded. let's talk about it with mercedes, a republican strategist and former spokesperson for president george w. bush, doug is managing director of skd nicker backer, a

former democratic campaign spokesman. all right, welcome to both of you. mercedes, to you first. the polls going in have trump way out in front. is it a forgone conclusion he takes new hampshire on the republican side? >> the polls make me very nervous. what you can feel here is that there's a lot of excite m. and i think for trump, he's going to be happy if he's able to win five points ahead. you're going to see the political pundits say oh, he won by two or three or four points. they're going to be basically being critical of what big of a win he has. but i think a win is a win for trump and this is a crucial state for him to win now. that second place, that's where all eyes are on second place. is it going to be the governor's story? is the governor going to win second place or can rubio, is he unscathed from the debate debacle and be able to place in

second place? which would be very helpful to him. >> there are a bunch of candidates knotted there on the republican side. let's talk about they will. who carries the momentum going into new hampshire? >> well, look, i think you've got to look at john kasich. if you're looking at some of the polls now, there was an arg poll that said he made significant movement over the past few days. i think there's a big battle now for the undeclared voters. that's partially being fought between sanders and trump and kasich. and rubio to a lesser extent and so, kasich has been a guy that i've always had my eye on. i thought he would be a strong general election candidate for republican and it looks like he's making his move and may be benefitting from the debacle that rubio had at the debate. a couple of thigts ago. >> mercedes, has that debate hurt rubio much? >> i have to tell you, i've been watching his communications team talking to the press today. they're really putting a positive spin to it. this is going to be the question if whether the media and

political pundits overplayed their hand on this and whether the rubio people are able to dispel the myth that he got beaten oup in the depate. i see it not as a mortal wound, but he got punched and a bruise, but again, he has the money to go forward. has the organization to go forward and these other states. if he does even come in a third or fourth place here in new hampshire, he can you know, push the reset button in south carolina. >> kind of interesting. that when you look at the top issues that new hampshire voters are talking about according to facebook, they've just released the most talked about issues from new hampshire voters over the past few days leading up to the primary today. number one, campaign finance. followed by taxes, the economy, wall street. and same-sex marriage. first of all, does this list surprise you, doug? >> a little bit. i was expecting there to be maybe a national foreign policy item on there, but look, new

hampshire, you can go back to 2000 when john mccain ran his campaign on campaign finance reform. that's always been important to the independents there. but it also tells me that the issue terrain on the democratic side has been driven by ander sanders and we'll see how that ends up with the race tonight and also on the republican side, trump has talkeded about campaign finance reform as well. terms of how he's funding his campaign isn't dependent upon super pacs, it's been driven by trump and sanders. >> are those issues, mercedes, republican candidates have been addressing, i suppose taxes and the economy, would be, which are the what? three and four, two and three issues in new hampshire? i guess those would be front and center for republican candidates. >> that's right. when you look at the political ads, chris christie focuses a

lot on national security and protecting our nation. that's been a theme for many of these candidates, but it's interesting to see that in new hampshire, the importance of the economy and taxes, it's again, those kitchen table issues. the facts, do i have enough money to make that i can put in my pocket. i think that republicans are shifting towards pivoting towards talking about the economy have the upper hand on this. >> we are looking at live pictures from new hampshire where the voting as we said is you should underway. some precincts have been reporting very low turnout so far. it could be that the storm is having an effect. maybe they will see a surge of voters if the weather -- >> the roads are clear. try to get out and vote. >> good point there for everybody. doug, i know your firm has done some work for michael bloomberg's superpac. you're not involved with that.

i think it's fair to can you this question. he reportedly is considering an independent run for president. what are the chances of that happen obstacles he might face? >> well, based off of the news reports, you know, it looks like he says he's going to look at it and try to come to a determination by march and previous news reports said it was more likely if you got a sanders democratic nominee and a trump republican nominee. and so, you know, look, i think the likelihood that sanders is going to be the democratic nominee is low basically because of the pathway he faces after new hampshire. but you know, look, mayor bloomberg was a popular mayor in new york. he was able to kind of put together this coalition that supported his views on social issues with his fiscal conservative positioning. and but he's going to have a lot of work to do to introduce himself to the rest of the country who don't know who he is. i have no idea what he's going to decide, but it would make

this race extremely interesting heading into november. >> mercedes, chairman of your party said he is not worried about i. he doesn't see a path to 270 votes for michael bloomberg. would you be concerned? >> no, i'm not. i think he would really take away votes from the democrats. i think when you look at the fact that bloomberg has been what you would consider a liberal you know, mayor from new york city, i think that the ones he would attract are those voters that for example maybe do not like a hillary clinton or for example don't feel comfortable with sanders being so far to the left. so, i think it does hurt or impact the democrats more than it would the republicans. >> just put out a photo of himself meeting with the british prime minister, david cameron. is acting like a candidate. on his world tour already. we'll see what comes out of it. could be a candidacy in the

works. for michael bloomberg. doug, mercedes, thank you both. >> thank you. >> thanks a lot, jon. >> president obama unveiling a budget proposal for congress, while republican leaders are snubbing it. that's next.

the feds deciding how to spend your tax doll lars and the president submitting his final budget proposal to congress. the $4 trillion plan includes a massive increase in cybersecurity spending as well as $7.5 billion to fight isis. democrats heading to the white house to discuss, but gop leaders may have already declared it dead on arrival. kristen fisher is live at the white house with more on this. >> this is a very aggressive final budget for president ob a obama. he's proposing to spend a record $4.1 trillion on a number of new initiatives including $19 billion on improving our country's cybersecurity.

up 35% from last year. he just wrapped up a meeting here. afterwards, he told reporters this new plan is something both democrats and republicans should agree on. >> and with this plan, we intend to modernize i.t. by updating systems that are vulnerable to attack. >> this proposal includes $1 billion to try to eliminate cancer. it would increase taxes by $2.6 trillion. that's nearly doubled what the president trying achieve in last year's budget. it would also impose a $10 a barrel on imported and domestic crude oil. that's not sitting well with republicans. they say it has zero chance. speaker ryan issued a statement saying quote, president obama will leave office having never proposed a budget that never balanced. for growing the federal government at the expense of hard working americans.

and so for the first time, congressional republicans won't even hold hearings on this year's budget request and that's how progressive that proceed it to be. later today, top democrats will be coming here to the white house to meet with the president. nancy pelosi, harry reid and the vice president will all be here, but no republicans. >> thanks. >> we touched on it a moment ago. marco rubio weathering attacks from fellow republicans as he makes a final push for support today in new hampshire. our political panel weighs in on whether the fire storm will impact his chances in the granite state. >> look, chris christie's record, right, has had the credit rating of new jersey downgraded nine times in seven years. one of the worst job creation records in the country. of course he doesn't want to talk about his record. >> at least i have a record. >> senator rubio will leave the united states senate and no one will even know he was there.

it takes a lot of work... to run this business. i'm on the move all day long...

and sometimes, i just don't eat the way i should. so i drink boost to get the nutrition that i'm missing. boost complete nutritional drink has 26 essential vitamins and minerals, including calcium and vitamin d to support strong bones and 10 grams of protein to help maintain muscle. all with a great taste. i don't plan on slowing down any time soon. stay strong. stay active with boost. now try new boost® compact and 100 calories. does the smell of a freshly fill you with optimism? do you love your wireless keyboard more than certain family members? is your success due to a filing system only you understand? does printing from your tablet to your wireless printer give you a jolt of confidence? if so, you may be gearcentric. someone who knows that the right office gear helps you do great things. and there's one place that has it all. office depot officemax. gear up for great.

watching tvs get sharper, you've had it tough. bigger, smugger. and you? rubbery buttons. enter the x1 voice remote. now when someone says... show me funny movies. watch discovery. record this. voila. remotes, come out from the cushions,

you are back. the x1 voice remote is here. big name a lot of folks are talk iing about. marco rubio. he is vigorously setting off attacks from fellow candidates heading into today's new hampshire primary, but whether it's working remains to be seen. here's a few different headlines that caught our attention. the headline in gq reads quote, why did rubio decide to run as a robot, saying he repeated the same response over and over again. but a reporter from vox has a different take, writing quote, this is title. i saw a rubio town hall in new hampshire that should terrify democrats. the editor for the boston globe, a senior writer for the daily

caller. nice to have you both. you have both experience kovrping this and it was interesting to see the headlines. it begs the question whether rubio has an issue of repeating himself or a question about being consistent with the impression that he's giving to voters who have very diverse backgrounds. you have experience with this. i'd love your take. jamie, you spent some time with rubio. what's your take on this? >> well, you know, you're darned if you do, darned if you're not. he sticks on a message and has had a similar speech since he first got into the senate or ran for senate four or five years ago and the reason is because it's inspiring. this tale of american greatness. on the debate stage a few days ago, he kind of got in trouble because i think he was overcoached. repeated this line oaf and over again. but if you go to any of these

candidates and listen to them, they often repeat a similar message because they're trying to get their message across. so, i guess we'll find out today whether that debate hick up is going to hurt him on election day today. >> and you said fresh reporter, fresh eyes on the campaign trial to watch him to see what this is about. what were the observations? >> this is someone who has not covered arurubio before and it this. after two events, he said he could have repeated his speech near rly verbatim. i do think politicians repeat themselves. it's called being on message, but marco rubio does it more often than a lot of others in the feed. you'll go to town halls with kasich or christie, they're not the same event. they take a lot of questions. they move quickly from question to question. they don't repeat the same

speech over and over again. they may repeat some parts, but not nearly to the degree to which rubio does it. >> that's what's getting him the that i mean, the reference to robot. we have some, this is kind of bizarre video. if you see the silver hood in the center of your screen, that is someone dressed as a robot at a marco rubio event being fended off by supporters. i'm looking at a headline entitled rubio bott. the question isn't whether he's a robot, it's who programs him. that give you an idea. hash tag robot rubio. how damaging do you think this will be for him? not only in new hampshire, which is the immediate, but as the criticism moving forward. is he going to have to change

his strategy? >> i didn't know he had time in his schedule to show up as a robot. >> looking at the size, this was a shorter. shorter robot than chris christie. >> i couldn't see the picture. just heard the images. the truth is, that none of us really know to what extent that has affected rubio. polls have been all over the place. i saw two yesterday, one had rubio going up. one had momentum going down. other than trump remaining in the lead, we don't know who's going to come in second or third or fourth today. there are a lot of candidates bunched up there. i guess we'll find out tonight to what extent of a hiccup if you want to call it that actually hurt rubio. >> what we have seen going back several months start wg the jeb bush campaign is this comparison to barack obama and one of the things that president obama has had to deal with was a group of advisers who were very insulated

to him. that's the -- to rubio has well and maybe there is a question about who is advising him. what do you think of that part of it? not just about the fact he repeats it, but maybe that he is again showing similarity to president obama, that his critics are try -- >> i don't think that is the probably the most influential criticism we'll see of rubio. i think voters who watch on saturday night, we talked to a lot who were coming out of rubio events. we asked them if they had doubts about marco rubio. and some who were there just so see for themselves because they saw saturday night, they saw him repeating himself. they needed reassurances that he was more livery. i think it's an issue about his staff and campaign. it's about rubio and the way he prepares. what he did in a debate saturday night, if he thought the

blowback was big, try that in a general election debate against hillary clinton or sanders next fall. then the criticism would be huge. >> nice balanced conversation because we're talking about the momentum the campaign has. also this issue as robots on the trail, which we didn't expect, but saw today. great to have you both. thank you very much. be careful out there. >> also worth noting that robots don't do well in snow. one of the issues. >> excellent point, as always. >> coming up, much more from the campaign trail in new hampshire on this primary day. also, another week on wall street and it is getting off to a rough start. the dow down 95 right now. fox business standing by at the new york stock exchange to explain what these numbers mean for your wallet. and a suspect found guilty of murdering this teenager. why he's planning to appeal. diabetes, steady is exciting.

only glucerna has carbsteady, clinically proven to help minimize blood sugar spikes. so you stay steady ahead.

thwe'd like to open a savingsake account for him. yes yes. great thanks to mom and dad and their safe driving bonus check from allstate. oh. look at this. safe driving bonus. are you a safe driver? lucky little fella. only allstate gives you two safe driving bonus checks a year for driving safe. see how much more an allstate agent can do for you. call 877-644-3100. like in most families, dad's always the last to know. that's why accident forgiveness was the first thing he asked for when he switched to allstate. michael james!

middle name. not good. get accident forgiveness from allstate and keep your rates from going up just because of an accident. find out how a local allstate agent can help better protect your family. call one right now. plus, drivers who switched saved an average of $446 a year! just a few more ways the good hands are doing more than ever before. see what the personal service of an allstate agent can do for you. call 877-644-3100 a fox news alert and it is crunch time for the candidates. new hampshire voter rs flocking to the polls and for some republican hopefuls, today's primary could be make or break. chief political correspondent carl hammer live in manchester, new hampshire. carl. >> hi, jon. state's largest city, we're on elm street and for some of those candidates where it could be a do or die situation, you might call it nightmare on elm treat or if you like the metaphor, a

dead end in both directions, so some may not get out of here. trump is going to get out of here. he's been leading in the polls and is expeblgted by virtually all of the campaigns to win. he has insulted and bragged and boasted and battleded his way through this race and now, first in the nation primary, he may be able to lock up his first win. but he's been cautious about saying that and understands it could be an upset in iowa like it was the last time, although not as likely. in this case, there are a bunch of candidates who are pretty excited about how things went. we made it to dicksville last night. and the winner was u none other than john kasich. there were ten on the ballot and only nine voters there and kasich won on the republican side with three povotes over trump's two. and this morning, he was basking in his first of the first of the nation voters victory. listen. >> woke up this morning and my wife said you won dicksville

notch and we champagne. thanked the academy. >> jeb bush has been having a surge here in new hampshire after a very, very tough campaign. sometimes sort of under the elbow and or the heel of trump. jeb bush finally sort of went on the attack not only in this last debate, but on the last couple of weeks here in new hampshire and he's down playing expectations, but knows he's got momentum and is gearing up for south carolina. more on that in a moment, but listen to this. jeb bush clearly enjoying the attention he felt he was denieded by trump for the last year. watch. >> it's amazing how people don't make up their mind until the end. it's a uniquely new hampshire experience. and i'm not going through the walked on the hot new hampshire coals, if you will. i don't think i'd be as good as i believe i am now and i appreciate that a lot and i've

learned a lot from being here. >> we caught up with jeb on the bus, but prior to that, he was in ward one at the opposite end of elm street. he was asking people, have you made up your mind and two said, i just did and i'm voting for you. that's the kind of last minute piece the candidates love here. chris christie spent a tremendous amount of time here, not as much as kasich, but he's bet it all here. he has to do well here. if he doesn't, it could be the end of the road for him, but makes it clear, he understands how new hampshire thinks and that connection can often sway a vote his way. watch. >> nobody, not me, not jeb bush, not john kasich, not marco rubio, not ben carson, not ted cruz, has the first idea of what's going to happen tonight and we saw in iowa the difference of a couple of hundred votes makes a huge difference. >> so, we've had the morning rush for the breakfast crowd

before they go to work. the lunch rush, secretary of state longer than any in the country. said that the turn out will be over 500,000, that will be a record. he's predicting about 550,000 and all the polls and we've been to one polling place and obviously seeing voters here all over the place. in this state. but the population would be voting. it's literally a 50-h50 shot tht any one of these people walking by is going to be a voter. one out of two. about 30 to 40% of them don't make up their minds until they get into the voting booths john. >> they take it seriously, don't they? >> this is the franchise. this is what the first of the nation state is about. it's the only one that has independents taking part. >> why it's so fascinating to watch. carl cameron, doing a great job there. thank you. >> a quick look at the markets

now. u.s. markets on a three-day slide. stocks down after two days of heavy losses. nicole is live on the floor of the stock exchange with more on why this is happening today. >> the jitters continue on wall street. the volatility continues. we saw the dow down over 400 points. today, down over 140 points. it's recovered some. there's no shortage of worries and there's really no catalyst to give it a boost to the upside. so here's a list of one, of some of reasons. we have the oil oversupply story, oil went below $28 today. so that's one of the reasons. you have the euro and u.s. banks at 52-week lows. long worries, exposure to energy. the fed moves, what will they or won't they do this year and a lack of confidence around the world. presidential elections, that's the wild card and now, the ceo outlook for 2016. here's some of the losers so far in the couple of trading days

that we've seen so far. chesapeake energy was one of these names. that's down over 35%. they're doing some restructuring and other names that are familiar. yelp, twitter, goldman, visa. all under pressure. and there are specific reasons for each one. the money is going to the treasury. 1.71%, so that's at a 52-week low and some of the airlines are are doing well, but the experts say you have to sit tight. >> thank you. >> all right. right now, spirits are high in my hometown, mile high city, denver broncos fans celebrating their team, our team, really. winning the super bowl. a live look at the festivities and some analysis from well, yours truly coming up. also, a pleasure cruise turns terrifying when a luxury ocean liner sails right into the heart of a very powerful storm. how would you like to be watching this on your vacation? we'll speak with a passenger on

that. on that ship, i should say. ahead. >> and people were falling. the food on the table. >> i was crying. i was just scared. (male vo) across america, people like basketball hall of famer dominique wilkins are taking charge of their type 2 diabetes with non-insulin victoza®. for a while, i took a pill to lower my blood sugar. but it didn't get me to my goal. so i asked my doctor about victoza®. he said victoza® works differently than pills. and comes in a pen. victoza® is proven to lower blood sugar and a1c. it's taken once a day, any time. victoza® is not for weight loss, but it may help you lose some weight. (male vo) victoza® is an injectable prescription medicine that may improve blood sugar in adults with type 2 diabetes when used with diet and exercise. it is not recommended as the first medication to treat diabetes and should not be used in people with type 1 diabetes or diabetic ketoacidosis.

victoza® has not been studied with mealtime insulin. victoza® is not insulin. do not take victoza® if you have a personal or family history of medullary thyroid cancer, multiple endocrine neoplasia syndrome type 2, or if you are allergic to victoza® or any of its ingredients. symptoms of a serious allergic reaction may include itching, rash, or difficulty breathing. tell your doctor if you get a lump or swelling in your neck. serious side effects may happen in people who take victoza® including inflammation of the pancreas (pancreatitis). stop taking victoza® and call your doctor right away if you have signs of pancreatitis such as severe pain that will not go away in your abdomen or from your abdomen to your back with or without vomiting. tell your doctor about all the medicines you take and if you have any medical conditions. taking victoza® with a sulfonylurea or insulin may cause low blood sugar. the most common side effects are headache, nausea, diarrhea, and vomiting.

side effects can lead to dehydration which may cause kidney problems. if your pill isn't giving you the control you need, ask your doctor about non-insulin victoza®. it's covered by most health plans. . . . . . .

right now, a man in michigan is already looking to appeal after he was convicted of murdering a teenage girl. jurors finding james vancallis guilty of all counts, including murder, kidnapping and attempted sexual assault. the body of his victim, 14-year-old april millsap was found browsed and beaten near a hiking trail. they say he used his motorcycle helmet to kill her, but his lawyer says there's no physical evidence to prove that. our legal panelists are here to talk about it. elise wheel, dan shore is a former prosecutor. now, the prosecution suspected the helmet, the motorcycle

helmet, was the murder weapon. but her dna was not on it. >> well, they have reason to believe that he wiped that away. now, of course, jurors in the csi world expect that dna, so it's more difficult for the prosecution to bring a quote unquote nondna case, but they have the helmet and could see from the way the helmet went tloo sboo her throat, that the marking there was very indicative that that was the murder weapon. they had her app on her phone going away from the scene just second before the actual murder and were able to with a google map, able to superimpose and find his motorcycle at that spot at the time. she sent a text to her boyfriend saying i almost got kidnapped before she was fatally killed. >> police didn't have any eyewitnesses that put the two of them there together, but they were able to sort of using that fit app that lis talked about, they were sort of able to create a timeline, which is

fascinating. >> right, there were witnesses who saw his motorcycle in the area and some said they saw him in the area on the motorbike. also have video showing his motorcycle traveling. a testimony from his exgirlfriend said in the middle of the night that night, he was using hand sanitizer to clean off his boots and she found human hair and grass in pocket of his hoodie. he also told her he had done something wrong that day. so there's a lot of evidence corroborating the fact he had probably killed her. >> his lawyer says he didn't get a fair trial. said the jury rury was sympathetic. she was 14. he's 34. >> and if i'm in the prosecution, i say, so. you can't, if i'm the prosecution, i don't make up the facts. i don't create the victim. those were, that's what happened. now, did i not have direct evidence? no, i did not. but we had all the evidence we spoke about.

that's great circumstantial evidence. something people sometimes understand is that that evidence is just as viable as direct evidence, so the only argument the defense can make is oh, the jury felt sympathetic towards the victim and not the defendant. that's not going to get a retrial. >> if he wanted to battle there, i suppose the lawyer could include his client on the stand. he did not take the assistant. >> he did not testify and say are abouts were at the time of the murder, so there's all this evidence putting him at the scene of the crime. you have the suspicious behavior right after the kram and that convinced the jury beyond a r reasonable doubt that he was guilty. that's a decision and trat ji they went with. it didn't work. t. >> the jury is told by the judge, don't take that into consideration. he didn't take the stand. but when they're sitting this panels in the jury room, we don't know. >> it's not a death penalty case. the sentence is life. he's not sentenced yet.

thank you both. >> a vacation at the beginning of a vacation that really turns into a nightmare. violent storm on the atlantic tossing a luxury cruise ship around like a toy and 30-foot waves and high winds as terrified passengers held on for dear life. we're going to speak to a passenger who's still on that ship that's returning to port. that's going to be next. don't let a cracked windshield ruin your plans. trust safelite. with safelite's exclusive "on my way text" you'll know exactly when we'll be there. giving you more time for what matters most.

(team sing) ♪safelite repair, safelite replace.♪

should be accessible to at pg&e,everyone.ve solar our partnership with habitat for humanity allows us to provide the benefits of solar power to the types of customers who need it most. pg&e provided all of the homes here with solar panels. the solar savings can mean a lot, especially for low-income families. with the savings that i am getting from the solar panels, it is going to help me have a better future for my children. to learn how you can save energy and money with solar, go to pge.com/solar. together, we're building a better california.

hi everyone. i'm gretchen carlson. donald trump will join me live. we're going to ask him about the use of profanity and john mccain ca . there's a little town in new hampshire who has the ability to predict the whole state. where is it and why has it been

so successful finding the winners and losers? if it comes down to four people in south carolina we're going to a brockered convention. real story on that and so much more at the top of the hour. new information now about a scare at sea when a luxury cruise ship sailed right into the path of a very powerful storm. called now for a federal investigation into why royal caribbean made the decision to send their ship, the anthem of the seas into harm's way. this all happened on sunday. terrified passengers were forced to hunker down in their cabin as the ship was rocked by 30 foot waves and winds more than 30 miles an hour. the weather was so bad the ship had to turn around and now headed back to shore in new jersey. it dropped everybody off. joining us live through skype from that ship, anthem of the seas, the passengers dan and his daughters. great to talk to you, guys.

can't believe the spooerns you've had over the last few days. sam, tell us about what happened. >> well, i'll tell you, we were just cruising along having a great time enjoying all the amenties on the ship and we could see it was getting a little rougher. we went into the show to see the nice production they had here and approximately 20 minutes into the show, they stopped the performance because it was getting too rough. at that time we left there and we did something. you can see the waves were massive and whipping hard. also pretty strong. there's some video dploeting around on the different websites out there on facebook and what have you. you can see what's going on. then they announced we had to stay in the room. we did.

>> gabriella, what went through your mind? we're seeing some of the video now. it looks really rough and scary. what did you think? >> at first i was pretty frightened. then i really sat down and thought about it and my dad explained to me these ships are meant to be in the ocean and things like this will happen. it was meant to be able to withstand this kind of stuff. that was definitely helping me calm down and the casting gave us regular announcements on what was going on and stuff. the scariest situation, it definitely, i was able to calm down. >> that's good news. as we're looking at some of the damages, thousands of people on board. this is one of the largest cruise ships out there. your daughter is so right. it was meant to sail. was there a moment when you thought wait a minute, this could go really bad? >> it was only that thought. ewe know, the captain and crew,

they're 1 4u7b00% professionals. they are trained to handle these types of situations. sometimes things go beyond what you can actually handle. i had the utmost confidence in them and they were doing everything they could to steer the ship in the right direction to handle the huge seas that are out there and the lands and i think they did a fantastic job. they couldn't help the listing of the boat, unforwhich you naughtily, that's something that had to happen because of the strong winds. we ended up basically staying in a whole power in one spot for seven or eight hours. we couldn't move because the wintds were so strong pushing against the boat and the boat's engines couldn't keep up with it. >> hey, that's great news. we've been looking at the waves and it looks scary. only about 30 seconds here,

guys. >> thank you. we'll be right back with more. in new york state, we believe tomorrow starts today.

all across the state the economy is growing, with creative new business incentives, the lowest taxes in decades, and university partnerships, attracting the talent and companies of tomorrow. like in utica, where a new kind of workforce is being trained. and in albany, the nanotechnology capital of the world. let us help grow your company's tomorrow, today at business.ny.gov

i'm here to get the lady of the house back on her feet. and give her the strength and energy to stay healthy. who's with me?! yay! the complete balanced nutrition of great tasting ensure. with 9 grams of protein and 26 vitamins and minerals. ensure. take life in! ♪ the night for love. ♪ woah oh oh... ♪ mmmm... come on... ♪ be mine...

:our final 30. the bronco fans going buck wild after their super bowl win out in denver. i'm one of them. i'm here. i'm with you. could be a million people welcoming the super bowl champs back home to the mile high city. >> congratulations. have a good day everybody. >> gre >> gretche in is up now. >> happy primary day. the snow is not expected to stop. historic tourn outs. this is the real story. donald trump looking to shore up his first victory as bernie sanders looks to even the score with hillary clinton. let's hear what some of the republican candidates had to