>> did win in the championship game tonight, uconn versus syracuse, good luck to them tonight. >> see you later tonight too. >> . eric: is on in wisconsin right now.voters making their choices at this hour in the latest critical primary for both the democratic and republican candidates for president. hello, and welcome to happening now. i'm eric shawn in fortran on . heather: i'm heather in for

jenna lee. tonight could mark a turning point for both races. turnout expected to be high among conservative voters who could play a big role in determining whether republicans are forced into a contested convention this summer. 42 wisconsin delegates are at stake. the winner will take most of those. donald trump struggling to lock up the nomination and his rivals are working to block him and mike sylvan right now is live in while coso winds constant with a closer look at the neighborhoods that could make a difference. hi mike. reporter: the reports of a high turnout are consistent with what we are seeing here.the line is going out the door. seems wisconsinites are happy to be shaking up the process and making both the front runners feel the heat. donald trump has a lot working against him. he has pulled better in the world starts than the population centers around milwaukee. conservative talk radioturned against them early and governor scott walker , very popular among republicans here endorsed senator ted cruz. one thing trump and cruz agree on is that neither one are keen on the governor john kasich staying in the race. >> he takes my is way more than 10 cruise and idon't like

it, i don't think it's right, i don't pick is appropriate but you know what? if we have to live with him we still beat him easily . >> if you lose 49 states you're not going to be the republican nominee. >> we have now beaten donald trump in 11 states around the country. i am hopeful after wisconsin votes tomorrow that that will be 12 states. reporter: governor basic turn told greta that he plans to stay in the scrum and force everybody to scrap out all the way through the convention. he says it will be fun. >> both of them say i ought to get out of the race because i'm winning their votes. i agree with them. >> nobody's going to win this going in. there's going to be an open convention and we talked about that earlier and the delegates are going to decide who's going to win in the fall. i'm the only candidate that wins all poles against hillary clinton. reporter: the latest numbers from real clear politics put cruz in the lead, trump within striking distance and john kasich trailing. bernie sanders leads clinton by 2.6 percentage points. betty ann?

heather: thank you. eric: wisconsin voters could throw a monkey wrench into the best laid plans of the front-runners. donald trump and hillary clinton. there depending on strong challenges by their rivals before the vote that happened potential to swing momentum in this race as it heads into the bigger state. last night the candidates made their final pitches. >> the entire country, its eyes are on the state of wisconsin. >> you're going to look back and be proud of yourself and you're going to be proud of your country again. >> think about what this guy said. he said he needs to get out because he's getting my votes and i want to have my votes. this is not fair. >> i want your children and grandchildren to have exactly the same opportunities to live up to their dreams. >> we beat donald trump by huge margins. [applause] huge margins. eric: crews leading in the huge

double digits and sanders as he says, huge ahead. staff writer with the washington free beacon, and a senior politics editor at the daily beast. let me start with you. how much of a huge win do you think cruz could get and how could that dent donald trump? >> i think both front runners are likely to lose tonight but i'm not so sure it will be that big of a win for cruise and here's why. this is an open primary which has tended to benefit trump in the past. i think he's been really hurt with conservative voters in the state of wisconsin with his mistakes this past couple of weeks but at the same time, the market poll that showed cruise with a 10 point lead also showed five percent of democratic voters are going to switch to the republican side to vote and i think those are likely to go to trump so i think cruz will still probably win tonight but i think it might be a little bit closer

and he might think. eric: watching the returns later this evening that's what we should look out for and keep in mind that it is an open primary. democrats could pull the lever for trump. >> we've seen some split between bernie sanders and trump voters, particularly in the areas where manufacturing has been an issue in wisconsin. they oppose a lot of the trade deals that have been often discussed on both sides of the political aisle but it is arguably more important that cruise when wisconsin then bernie sanders. bernie sanders, even if he wins wisconsin he still faces stiff headwinds even going into new york and down the line because of the map of debt the democratic side, because of the superdelegates area only clinton definitely has a big lead on him there. while cruise, if he keeps on taking delegates away from donald trump it's going to make it much harder for him to get that magic 1237 number that needs to solidify the nomination for the convention.

eric: that's a great point. it turns out trump has to get two thirds of the remaining bound delegates in order to get to that magic 1237. do you think that's possible if he loses tonight? >> i think it's a lot less likely that he can get the next ones if he loses tonight and that's really what the strategy is here because ifcruise wins and it's all about momentum and so momentum going into the next space. the next state is new york and he's not going to win new york so after new york when trump wins, that makes it virtually impossible for cruise to get the 1237 but it also hurts , and that's the strategy here. cruise, john kasich are both playing spoiler to prevent trump from getting 1237 so they can try to turn the table at an open or contested convention and that's the strategy here. if trump loses wisconsin it makes it less likely he gets that number. eric: talk about trump winning

new york, what if bernie sanders pulls a big upset and wins new york which is the home state or kind of home state of hillary clinton? >> that would be a big deal and then maybe we see another momentum shift. he probably still can't catch up with her but that would be a huge blow to the clinton campaign for a number of reasons. she's on that state statewide as senator and they're working hard to win in new york. they're putting a lot of resources there. hillary clinton has been in new york and pennsylvania, not in wisconsin for the past few days trying to solidify her base there so that's going to be something that i know we're going to be watching as we edge closer to april 19 for that primary. eric: you see this playing out right after that? jackie? >> then you have, are you asking about new york? eric: after new york you got maryland, delaware the rest of the state and going into california january 7 so what do you see playing out there?>> bernie sanders has no reason to get out of this race. whether it's possible or not for him to catch hillary

clinton, he's going to stay in. if people want him to stay in, he still funded well and he's got a message that is resonating with part of the democratic base and part of the trick of the clinton campaign is not so frustrated that they alienate bernie sanders voters who in theory they are going to need their momentum to be whoever the republicansput out in november . eric: i said january. i think i'm looking forward to the inauguration. what if we have nobody? is that ever possible? >> writes, who knows what will happen but i think at this point with hillary basically writing off wisconsin and turning to newyork , it just shows the enthusiasm gap she's had this entire campaign. eric: and what does she say about that? >> i think they're really frustrated. they're like oh, i guess were not going to win wisconsin will just go to new york and she sending bill clinton out there today but the fact that bernie,

they still are having to lower expectations because bernie is still in this race and he's out raising money just goes how we can she's become in the race and the enthusiasm among democrats is not there for her. eric: if she does and to the fall race as a wounded nominee how does that play out? >> depends on who the republicans put up against her. if were talking about donald trump, his negativesagainst women are something like 70 percent across the board. that's going to be something very hard to make up, not to mention where he stands with key parts of the democratic base like minorities , hispanics so itreally depends on who ends up being the republican nominee to see how wounded a equipment will actually be . eric: and convention finally in cleveland, both of youbelieve it will be contacted?>> it's certainly looking that way. >> it's definitely looking that way .if trump wins tonight with an upset, he

probably could get the 1237. otherwise he probably cannot. eric: jackie and elizabeth, we will follow the results in about 10 hours from now. polls close and our coverage will begin later on this evening and will be glued to our television. thank you. of course, the coverage here starts in 10 minutes before the polls close, 8:50 eastern time tonight. you're going to want to watch the battle for wisconsin, megan and brett right here as they always are on these critical primary tuesdays , that's tonight on the news channel. heather: new information on a massive data breach overseas. one of the largest public leaks ever affecting more than half the population of turkey. hackers posting the personal information of nearly 50 million turkish citizens including the nations current and former presidents putting that them all at risk of identity theft and fraud. jonathan is following that story from our mideast bureau in jerusalem. reporter: hi patty and this also, the hackers taking a swipe at donald trump as well.

one of the largest security breaches, public information breaches as you mentioned and certainly this looks as if it is politically motivated and the reason being, if you look at the opening statement if you will that the hacker or hackers posted and wrote on this page, it says quote, who would have imagined that backwards ideologies, cronyism and rising religious extremism in turkey would lead to a crumbling and vulnerable technical infrastructure? now the download page lists the personal information of 49.6 million people. were talking about names, addresses, turkish id numbers, place of birth, mother and father names. it also includes the personal information of turkeys prime mess minister and also turkey's prime minister. it also lines out what it calls quote, lessons to learn for turkey. basically scolding the country

for its lack of data security and then it has a double reproach for turkey and the us, going on to read quotes, do something about her to one. he is destroying your country beyond recognition. i mentioned donald trump at the top. that the hacker or hackers then take a swipe at trump reading quote, we really shouldn't elect trump. that guy sounds like he knows even less that everyone does. again clearly politically motivated. the associated press reported on monday that it verified half the leak as authentic, basically comparing the personal information again of those people. the ap also reports that the ip address is linked to and i icelandic group that specializes in this kind of thing, and i'm holding personal data and information like that. bottom line, the personal information of nearly 3 million people put out there for the world to see and the question

next is what could possibly come out after that if anything at all. patty ann: john huddy live in our jerusalem bureau, thank you. eric: later to come, the issue in this campaign. donald trump was talking about it and 12:15, the president of the united states will address this issue. were talking corporate inversion. a big company gets swallowedby a foreign company so they can avoid american taxes, they claim they got their case with pfizer, the huge pharmaceutical giant and other firms that are going to ireland and england . there's a move on capitol hill to prevent that with a new bill. the president addressing this and we will bring it to live here on the fox news channel. meanwhile, the notorious boston irish crime boss whitey bulger who spent 20 years on the lam now in prison for life but coming up, we have details on pieces of his mob history that will soon be up for auction. and it is the second day in

wisconsin. governor scott walker going all in for ted cruz. how much that will help tonight's outcome. we want to hear from you. do you think senator bernie sanders or hillary clinton will eventually win the democratic race in wisconsin tonight. which one do you think could pull it out? our live chat up and running, go to foxnews.com/happeningnow and you can join the conversation. if you have medicare

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crime stories we are following. us marshals will auction off dozens of items that belong to famed boston mobster james whitey bulger. the 86-year-old spent 16 years on the lam and is now serving lice life in prison on 11 murder convictions. proceeds will go to their families of his victims. a connecticut judge preparing to drop dui charges against supermodel stephanie seymour if

she completes treatment for alcohol abuse. the former model was arrested for drunk driving in greenwich connecticut in january. then the man convicted in one of the most infamous killings in the 1960s has died. winston mosley has spent the last 50 years in prison or the horrible knifing death of kitty genovese. she was stabbed in new york city, the killing that came to symbolize public apathy at the time as so many people heard her screams and they said no one called the police. patty ann: voting is underway right now in wisconsin. senator ted cruz confident heading into tonight's primary thanks to the backing of key state republican leaders including wisconsin governor scott walker, donald trump meanwhile doubling down on the state but he says even if he doesn't win he willstill be the eventual gop nominee. joining us now is patrick marley, a political reporter at the milwaukee journal sentinel

and author of more than they bargained for : scott walker, unions and the fight for wisconsin. thank you for being with us. senator cruise has been leading in the polls in your statement now trump is serving? >> well, trump has certainly put all of his stakes into wisconsin. thispoll came out last week with a 10 point lead for ted cruz.trump has really come into the state and been here every day almost , he's a near constant. patty ann: what issues are of most concern to the wisconsin gop? >> i think for the wisconsin gop, it's really coalesced around ted cruz from what we've seen from state legislators, governor walker, they're opposed to trump and vasey cruz as the guy to go to to stop that. patty ann: governor scott walker who you have written about as endorsed cruz, he's out campaigning for him. he's popular with wisconsin republicans. how important is walkers support? >> it's a key ingredient for cruises message. i think there's a lot of things going on there walker is public popular with republicans so to get that support, have that

secure surrogate there is helpful to cruise. patty ann: on the democratic side, sanders is leading. why would you say that is? >> you know, if you look at wisconsin, it's similar to michigan. a lot of voters here among the democratic side, his message has motivated the most liberal members of the party, particularly madison has a high turnout here and it really rallied for bernie sanders. patty ann: what parts of his message in particular are resonating with the electorate there? >> sure, he talks about trade deals, his talk about having free college for everyone, expanding obamacare into more of a universal care system where you have the government pay for the healthcare rather than the private sector. those are all messages that progressives really like. patty ann: so there's a very high turnout predicted. what is motivating wisconsinites this time around more than in the past?>>

they're expecting that a 40 percent turnout, early indications in the polls are that it is a good , healthy turnout. i think one thing we got here that we haven't had in the last couple of primaries is big races on both sides so you got lots of reasons for people to come out, the trump people are very motivated, that's bringing out new voters perhaps. the anti-trump oaks are committed to cruise and seeing this as a watermark for cruise and also on the democratic side, clinton and sanders very close, sanders just a few points ahead of clinton. patty ann: patrick marley, thank you for joining us. >> thanks for having me out. eric: a former college football player is back on trial. but this time, his lawyers trying a brand-new defense. coming up, hear who and what she is blaming and the scenic white abovethe blue ridge mountains comes to a tragic end for a group of tourists . >> i was in my house and i heard a big explosion. we ran outside and we saw the

helicopter crash more or less was on the ground. then we heard a second explosion and we saw that rollout for their lives. s humir. this is humira helping to relieve my pain and protect my joints from further damage. this is humira helping me reach for more. doctors have been prescribing humira for more than ten years. humira works for many adults. it targets and helps to block a specific source of inflammation that contributes to ra symptoms. humira can lower your ability to fight infections, including tuberculosis. serious, sometimes fatal infections and cancers, including lymphoma, have happened, as have blood, liver and nervous system problems, serious allergic reactions, and new or worsening heart failure. before treatment get tested for tb. tell your doctor if you've been to areas where certain fungal infections are common, and if you've had tb, hepatitis b, are prone to infections, or have flu-like symptoms or sores.

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the deadly helicopter crash in tennessee's great smoky mountains. five people were killed when that sightseeing chopper went down just east of knoxville. the area is a popular tourist destination and authorities say the plane burst into flames sparking a wildfire. jonathan has been following this story and has more details

from our atlanta bureau reporter: the crash site is located just at the edge of a forest line in hayfield but the fire quickly spread into a densely woodedmountain area . fire trucks were called into the area to get this blaze under control.no one on the ground was injured but several residents say they heard the crash and saw the immediate aftermath. >> i was in my house and i heard a big explosion. me and my neighbor both did and we roll ran outside and saw the helicopter crash, more orless was on the ground already and we saw and heard a second explosion and saw the pilot rollout . it was sad. reporter: authorities say the pilot and all four passengers died in the crash. the weather was clear at the time. the bell 206 helicopter was part of a popular tourist attraction and was flying what was supposed to be a routine sightseeing tour over the smoky mountains. the ntsb has dispatched a team to find the cause of the crash. the wreckage is still at the scene. >> there's not much left. the helicopter is pretty well consumed in the fire. the fire has gone from where the helicopter crash was all

the way across the top of the mountain of their. reporter: because that fire was so intense authorities say they're going to have to use dental records to make a positive id on all five victims. eric was marked. eric: just such a tragedy and such a shame. patty ann: ran new information on california's efforts to fight the drought that's been plaguing it for some five years. we will tell you how the state just missed one ofits important conservation targets and why. also, bernie sanders campaign for president is affecting a lot more than just hillary clinton. how is his candidacy reshaping president obama's plans for 2016 ? we go in depth. for as long as i can. he's just happier when he's playing. but he's terrible. for the strength and energy to keep doing what you love, try new ensure enlive. only patented ensure enlive has hmb, plus 20 grams of protein to help rebuild muscle. and its clinically proven formula helps you stay you.

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this hour of happening now. a former college football player on trial again, accused of raping a fellow student while she was unconscious. who his lawyer is blaming this time around, will the jury quit? our legal panel weighs in. we got brand-new information on the likelihood of an audit. it may have something to do with where you live. details on where and the investigation into the deadly amtrak derailment near philadelphia. possible causes now being sought. he won a fox news channel is

america's election headquarters and presidential candidate bernie sanders has been playing an interesting role in the race for the white house. not only affecting hillary but according to politico: his candidacy is also reshaping the president's 2016 plans. delaying when mister obama will go on the campaign trail. despite his steadily rising popularity, the president expected role in 2016 as the democratic party your fire is on hold for another three and half months area if sanders keeps his campaign going through the july convention, a-10 expected the primary race to be wrapping up by this point according to white house sources. obama will be gearing up for the series of big unity rallies to urge sanders supporters to get excited about hillary clinton. so when will he show up on the steps question mark barbara morrison is a radio host at pompous media network. democratic strategist, founder and president of solitary strategies and also a sanders reporter. chuck, let me start with you since we're dealing with your man. you got the president in a holding pattern. what happens if he continues to

sit back and watch the sender and missed clinton to get out? >> i think it's a good thing. in a primary what you get the debate issues, there's different sides of the democratic party. you have the left, right and center of our own party so we have to have a whole party if we have any hope at all of the beating the republicans in november so you have to do different candidates energizing different parts of the party and obama signed up a little bit longer is fine with me and as long as were energizing the debate, we will need him out there but ithink the process is good for all us democrats . eric: are you happy with that rather than having the president watch basketball games in the white house? >> as far as i'm concerned, the less he does of actual governing the better off america is in general. as for his rising popularity, you mean because he finally reached the high point of 51 percent in job favorability ratings right now question mark up four points from his average for the whole term of 47 percent? i'm not sure i'd want him on the campaign trail and let me insert a couple other factors.

kim jong-un four is going to sit down with hillary clinton shortly. i have a feeling secretary clinton is facing an indictment and the present probably wants to keep his distance from that which means the democratic party may face the choice of having to put forth either vermont's socialist bernie sanders as their candidate or maybe president obama will have to toss old joe biden into the race and he may want to keep his powder dry for that eventuality. eric: others say there's not going to be an indictment but let me read chuck something that is in politico today, the deals with the fact that they're gloating. they're gloating at the white house. people go close to the white house gloat about the irony, two years after the midterms marked by democrats running far and fast away from the president who was as popular on the trail as a hangnail, democrats are suddenly eager to see more of him but when he gets out, what would the effect be because he's got to support

one of them versus just saying let's get out the vote and protect my legacy? >> i don't talk about campaigns and don't even study campaigns for living, i run campaigns for living and i remember some of my clients two years ago, they didn't want anything to do with obama. all of us remember. me and lars talk on either side of that issue but nobody wanted anything to do with it so i find interesting in a presidential year, there's no way for any democrat to ever win the election if there's a robust african-american turnout, latino turnout and in this new american coalition and obama's the one who speaks to them and that's why democrats are hungry to get him out when they can. eric: he's not only running for whatever candidate is nominated but also for his legacy. that is obviously crucial to him that doesn't change. >> absolutely and he probably wants to see obamacare continue which has been a disaster for most americans with higher premiums, higher deductibles. it's made insurance virtually out of reach for a lot of

americans rather than doing what the president said it would do. but then he has a problem. hillary clinton appears to be in a little bit of trouble and as you point out, the race should have wrapped up by the nomination by this point and it looks as though senator sanders is doing just fine. i'm sure hillary clinton would love to have his help on the campaign trail but on policy, while the president supported obamacare, it's his bill, he really supports single-payer. that goes back to his time as an illinois state senator and as a us senator when he said he would like to change single-payer. bernie's sanders is the champion of single-payer. eric: what event when he sits in the white house and they see some of his policies intact, not by the republicans but within his own tent? he's got to be frustrated sometimes. >> it is, i'm sure it's frustrating for him. eric: lars, go ahead i'm sure it's frustrating for him because he sees the legacy falling apart and that's really the only way you can point back to in the last seven years. even president clinton, bill

clinton says the last seven years have been an awful legacy for american economically. the country is still not doing well economically. i know the elites in new york city and washington dc say everything's going swimmingly because the stock market is going crazy but ask average workers what they think, the ones who had no raises in the last couple years, the ones who don't really have the opportunities to move to better job with better paychecks. they would tell you the supposed recovery is in the fevered brow of barack obama and hillary clinton and certainly not in the reality of their weekly paycheck. eric: you run campaigns as you said. how would you use them? >> i think one of the things that really got him wanted to get on the campaign trail is the way that sanders talks about trade. that obama's trade policy that sanders has been trumpeting, the reason he won michigan and a lot of other states so i think that's a big difference in the campaign and i think that's why you see people like bernie sanders and even donald trump getting the traction they

can because we may disagree on lots of policy. there's a lot of frustration out there with the working poor. people who are trying to make it every day just feel like they can't get ahead and you anguish andanxiety rolling up in these candidates . eric: lars and chuck, thank you for now. you'd better watch this campaign on tv. patty and? patty ann: is one of the most powerful people in politics and he's already at the center of one of the biggest political stories in years. grants previous, the chairman of the republican national committee. fox talked with him today as the odds of contested republican convention here to grow. live in washington with that story. hi peter space. reporter: today is the washington primary so it's a good reason to meet the head of the republican party, rance priebus is from wisconsin. when rance priebus gambled in the last republican convention in tampa florida in 2012, he

never expected the earthquake that his party has become heading into the next gop convention in cleveland in july . >> i think if any one tries to make the case that they knew that we would be talking about a contested convention in april, i think they be lying to you. no, i didn't expect it. reporter: is been dealing with a steamroller front-runner who is punching out with two other strong-willed competitors. priebus has had to oversee a raucous eight months of debates, caucuses and primaries with some real punches thrown. a top deputy says the 44-year-old wisconsinite who started in politics as a high school campaign volunteer, is the right leader for the times. steadied by a pool midwestern temperament and an intimate knowledge of party and convention rules. >> he's been a former state chairman, former general counsel of the rnc.

he's the longest or moderate chairman in history. he seen it all. he's been through convention before. he's been tested on the state and national level.he's balance a lot of disparate interests. reporter: first elected in 2011 and now in his third two-year term, priebus is the ultimate gop insider and a party now dominated by frustrated members clamoring for outsiders. it is probably the strongest job in politics right now. >> i think it is a tough job but after six years of being chairman , i've sort of gotten used to just in many cases not being loved by a lot of people. reporter: he also says he's ignoring his twitter feed these days patty and what he says he's having fun with his front row seat to history and is just taking it all as it comes. patty ann: that's a certain personality type to be able to do that. peter barnes, thanks. eric: it's 10 days to tax day. the last thing i want is the irs coming knocking on your door for an audit but they say that's more likely to be called in or you are more likely to be

called in depending on the state where you live. coming up, we show you where and why. plus a former college football player back in the courtroom on those rape charges. his attorney is trying something new in the second trial. our legal panel discusses the pros and cons of this new line of defense. >>

eric: if you haven't finished your taxes yet, get cracking. april 15 is around the corner, the deadline to get those tax forms shipped off and the last thing you are going to hear is

that dreaded word on it. did you know you're more likely to face an audit if you live in certain states? tax audit.com has crunched the data and discovered vermont, california, nevada, massachusetts and delaware are the top five states where taxpayers have a greater likelihood of facing a federal audit. tax audits is a major factor is higher income in those states, people of course who make more tend to get audited more often. they did not list the states of your chances were avoiding the taxman are the greatest. patty ann: a former football player at vanderbilt university is on trial for the second time in the rate of an unconscious fellow student. and his lawyer is now blaming the booze and his teammates. she says batey was drunk and call him a puppet, manipulated by other players into horrific acts that might nearly 3 years ago. the first jury convicted batey and it teammate but that verdict was tossed after lawyers discovered he'd once been a victim of statutory rape so here, our legal panel to talk about batey's line of defense. and wendy patrick, trial attorney and prosecutor, thank you both for joining us. we want to warn the viewers this segment is going to be graphic. corey batey's defense attorney says corey was drunk and he was himself a victim of other students who commanded him to

commit these acts against the strong, passed out woman. elyse, what do you make of this? >> the strange thing with this attorney is that the defendant said on record he hadn't had anything to drink.now the defense attorney has to say this defendant was drunk at the time. a very precarious defense because the defendant actually has to show that he was drunk and the senate has to make that on the record that he was so smashed he didn't know what he was doing so you got to say something at the time, you've got to come back and say he was aliar at the time but now was drunk at the time of the incident . >> he has to admit he lied when batey was question, apparently before he was aware of the existence of video. he told the people who first investigated that he had nothing to drink and that he was in the room for no more than five minutes. that we now know was not the case. he was found guilty in this trial. as we know there was a mistrial

and now a new trial. wendy, do you see him faring better this time around? >> the first one was a mistrial because of jury misconduct. both lawyers take all the time necessary to put on the claim and the defense and then you do it all over again as we see here but credibility counts. and what he said when is highly relevant. this is another trial about caught on tape so this trial is different from others where you don't have any other evidence. what the trial is about is the rest of the story. who did what, who did what whe , who's liable because of the respective levels of culpability to the respective players and that is why intoxication is one of the issues. intoxication is not a very favorable defense in the eyes of the jury, it's almost ironic that it was brought up in cases like this where it can either decrease the level of culpability or more often than not it becomes a medic and potentially because we get the level of sentencing but as you both point out this is something where credibility from the outset is going to be key because it's very different what he said right after the

factversus what apparently is going to be the defense , according to the attorney's opening statement during this trial . eric: patty ann: it's also a dangerous precedent to set, if you can use a defense, i was too drunk to know what i was doing than anybody can use that defense but the other interesting defense that this email defense attorney is using and we're going to talk more about that in a minute is that well, it's just because he was caught on tape and she's using this as kind of a mitigating thing. here it he is seen on camera and it still photos raping her, sodomizing her. urinates on her. he says he was drunk but now she's saying that the jury should feel bad that it was caught on tape and with this new technology comes the inability to learn from your mistakes. those are her words. what is the implication here, that he wouldn't have gotten away with it? >> just because it was caught on tape why should that be the

defense? he's doing all those things and just because it was caught on tape that should be the defense? any juror that sees that is going to say just because it caughton tape that's your defense? it wasn't caught on tape you would be scot-free because of that? number . patty ann: when i started practicing law back in the day, we were left with proving our respective side of the case through testimony. whereas here, in voluntary intoxication was still one of the things we had to prove in the case but the problem is unless everybody is tested after the fact it's impossible to know the extent to which comedy is either under the influence or had their judgment compromised or whatever else they might use to basically adjust levels of culpability because the issue here is not that it didn't happen but what is it? is it aggravated or not because that matters when it comes to sentencing, how many years in prison were talking about and who is liable? >> he's one of four students charged.

patty ann: the woman was unconscious but she is going to testify. >> shall testify again. the jury does not have to have her testify, she does not have to testify but the jury wants her to testify. she was unconscious during all this but what she's going to testify to is not so much what happened last night but the impact on her life after this happened, how it impacted her and will impact her forever. she doesn't remember exactly what happened but how the impact has been after that. patty ann: and humanizes her. it's the same reason people take the stand that don't have a legal reason. it makes for a real person to that jury. by the way, that is also why in many cases defenders choose to testify. it's a human icing element. here's a double edged sword. >> cross-examination, you tak the stand and you're in the hot seat. absolutely nothing to lose. the jury wants to hear from her . patty ann: thank you both so much. eric: remember that horrible

amtrak crash on sunday that sent a train careening into a backhoe on that track? the question, why was that construction crew right in the path of that trade? was a communications breakdown to blame?

eric: let's take a look at what's coming up one outnumbered at the top of the howard. sandra harris what you got coming? >> the battle underway for the better state with neither national front-runner starting the day in front. the big impact, losses for donald trump and hillary clinton could have on this race. and trump may be getting dang with women voters over the last couple weeks. now his wife is speaking out for him. his melania just what he needs right now? plus, your man, all positioned in the navy that held those names for decades, the huge push to make them gender neutral has a lot of folks

asking why? we debated. willoughby yeoman, yo woman? anyway, all that plus our hashtag one lucky guy and a native of wisconsin. on the top of the hour, back to you. eric: maybe it will be person or humanoid or carbon-based life form westmark. >> that's what i answer to. patty ann: breaking details on california's route. we are getting new numbers on the states water conservation efforts with californians falling just short of the mandated target of 25 percent cut in water use and it turns out southern california drags down the rest of the state, only registering a reduction of seven percent so what is the problem? william on janessa is live in southern california, hi willia . reporter: the simple answer is it is actually hot and dry winter in southern california

and people turned down their sprinklers because they didn't want to see stuff die so we are and it shows you a lot of pictures on a massive amount of rainfall and that created a false narrative. the fact is that drought is not over. gave us a great snowpack in northern california reservoirs in the south are less than half full and that's where two thirds of california lives statewide, people did great reducing consumption, 24 percent last eight months but southern california, seven percent which is so bad water companies are likely to slap them with mandatory cutbacks. >> were going to have to move that way to deal with what climate change is going to bring where were going to have those lousy snowpacks more often because it's hotter. reporter: politically, what does it mean question mark the battle between the stingy north and irresponsible sound. environmental's will file lawsuits to keep wildlife and water together, some farmers will probably get little to nothing and that saying as you know, whiskey is for drinking

and wonders for fighting westmark that is true now more than ever regardless of el . patty ann: thank you. and will will be right back. [woodworker] i live in the fine details. that's why i run on quickbooks. i use the payments app to accept credit cards... ...and everything autosyncs. those sales prove my sustainable designs are better for the environment and my bottom line. that's how i own it. in new york state, we believe tomorrow starts today. all across the state, the economy is growing, with creative new business incentives, and the lowest taxes in decades, attracting the talent and companies of tomorrow. like in buffalo, where the largest solar gigafactory in the western hemisphere will soon energize the world. and in syracuse, where imagination is in production. let us help grow your company's tomorrow - today - at business.ny.gov eric: we will see you back here

in one hour. patty ann: outnumbered starts right now.>> this is a fox news alert,you're looking at the briefing room in the white house, awaiting a statement from the president on the economy , we are told by the white house specifically this following yesterday's big treasury department announcement about those corporate tax conversions. that sent shockwaves through wall street, possibly causing the end to multibillion-dollar deals . this is the practice of us-based companies, sometimes buying smaller foreign companies to relocate their ad taxes. that practice has come under harsh scrutiny by this administration and they announced a big crackdown on