it's a miracle people are living so much longer but longer life expectancies are not good enough. we need a break through. that's for sure. thanks for joining us. busy day. i'm dana perino. here's shep. >> shepard: it's noon on the west coast, 3:00 in new york city where another woman has just levelled accusations against the alabama republican roy moore. just telling reporters that the candidate sexually assaulted her when she was a teenager in a parking lot where she worked open a cold night. she said she was a trump supporter and this has nothing to do with politics. it's the second accusation in a week. roy moore is defiant. he's telling supporters he's staying in the race. we'll hear from the accuser in just a moment. the republican senate leader, mitch mcconnell saying he believes moore's accuser and moore should leave the race. the senate candidate is hitting

back against the leader. gun fire at the north korean border. kim jong-un's solders shooting a man trying to defect to the south days after president trump's visit. we'll explain what we know about what happened and why it's so rare. let's get to it. >> and first from the fox news deck on a monday afternoon, the top republican in the united states senate says he believes the women and not roy moore. now mitch mcconnell is calling for his own party's candidate for the senate to quit the race immediately. that candidate from alabama roy moore faces accusations of sexual misconduct with minnesu . mitch mcconnell said he's made up his mind. >> i think he should step aside.

>> you believe the allegations to be true? >> i believe the women, yes. >> at the time he had not heard from the newest person. for his party, it doesn't look like roy moore is going anywhere, at least not yet. he fired back on twitter that its majority leader mcconnell should step down. his senior adviser tells abc news that roy moore would not quit even if president trump told him to do so. all this as yet another woman accuses roy moore of sexually assaulting her when she was 15 or 16 years old. she spoke moments ago in new york. >> i did not respond to any of mr. moore's flirtatious behavior for two reasons. first, i had a boyfriend. second, even i had not -- if i had not had a before, i was not interested in having a dating or sexual relationship with a man

twice my age. >> she said at the time she was working in gadsden, alabama where she lived. she just turned 16 years old. as her story went just a moment ago, the restaurant was closing on a cold night in december. roy moore, who had dined there lots of evenings, was still there at closing. her boyfriend hadn't yet arrived to pick her up. there were no cell phones then she said so she couldn't call him. roy moore suggested he would take her home. he drove his car with her in the passenger seat in a two door around to the back of the restaurant. it was at that point that he began to assault her. she said she squirmed and tried to get away. at some point he either pushed her out the door or she fell out warning her if she told anyone, nobody would believe her. as her story goes, by then her boyfriend arrived. he walked around to the front of the restaurant and got in the car but didn't tell him at that

time because he had a violent temper. she did tell others and over time a number of others. the new allegations against roy moore comes as he continues to deny a "washington post" report that he had sexual contact with a 14-year-old girl nearly four decades ago when she was a 32-year-old assistant district attorney. the newspaper also reported that three other women claim roy moore pursued a relationship them. none of those women claimed he forced any sexual contact. moore calls the post report a desperate attempt to stop his political campaign. at an event last night in huntsville, alabama, he threatened to take action against the newspaper. >> these attacks of me on a minor child are untrue. for which they will be sued.

>> shepard: and for which they will be sued. moore denies the accusations against him. when asked whether he dated teenage girls when he was in his 30s on sean hannity's radio show, moore replied, not generally, no. a response that many gop lawmakers left them unconvinced. and now jeff sessions could be the possible solution. removing him from his attorney general position, putting him back in his old seat. which would create so much more. we have team fox coverage now. laura ingle is in new york with more on these new accusations. jonathan serrie is in gadsden, alabama. let's get to the chief congressional correspondent, mike emanuel on capitol hill. >> shep, the way that was explained to me about the jeff sessions angle to this, as president trump's frustration

with attorney general jeff sessions. republicans need someone who can win this alabama senate race and so what if jeff sessions were the write-in candidate to get his old job in the senate back? that's the way it was floated to me over the weekend. we'll see if that has legs to it. under fire, judge roy moore is firing back at mitch mcconnell writing on twitter, the person that should step aside is at senate majority leader, mitch mcconnell. he's failed conservatives and must be replaced. this friction between mcconnell and one of his senators may make getting president trump's agenda done more difficult. if roy moore were to lose, 51 republican senators would make things difficult as well. another key senate republican weighed in on this controversy over moore's candidacy for senate. >> voters were decide.

so what you and i think should happen is irrelevant. i think the allegations are serious. when people go on the record, it has more credibility. the voters of alabama have to decide this thing. >> on the other side, a stunning moment a short time against. senate democratic leader chuck schumer said that national democrats are not helping their party's candidate in this alabama senate race. >> it's a alabama race. they're running it, they're involved. if they ask us for things, we'll try to help them. but it's a alabama race. >> unless there's some other action, some other shoe to drop in the coming days, the voters of alabama will decide this race december 12. >> shepard: mike emanuel on the hill. this new woman now saying that roy moore sexually assaulted her in gadsden, alabama. laura ingle has that live in new york city. >> we've been monitoring the

press conference happening moments ago. the damning accusations coming with the accuser just named in the new york city press conference as beverly nelson. a woman who said she was 16 years old when she was sexually assaulted by roy moore, who at the time was an acting district attorney. she described how she worked as a waitress as the old hickory house restaurant and how moore, a man she described as twice her age would flirt with her. she was a patron there, often tugging at her hair when she walked by. nelson claimed one night when she was leaving work and her boyfriend was late picking her up, the former district attorney offered her a ride. that's when she said instead of driving on the street, he drove around to the back of the restaurant. >> instead of driving to the street, he stopped the car. he stopped the car and parked

his car in between the dumpster and the back of the restaurant where there were no lights. the area was dark. it was deserted. >> nelson went on to describe in graphic detail about what happened in the car, that moore tried to grab at her and put his hands around her neck and force her to perform a sex act. she refused. she said let me go. he claims he pushed her or she fell out of the car and left her on the concrete. roy moore just issued a state moments ago as the news was breaking stating in part that nelson's attorney who we saw in the tape, gloria alred who is a sensationalist holding a witch hunt. judge moore is an innocent man and never had sexual misconduct

with anyone. we'll bring you more as we get it in the newsroom, shep. >> shepard: voters in alabama reacting to the accusations against roy moore. jonathan serrie is live in gadsden. people there are saying what? >> well, shep, we're getting mixed reaction. i get the impression that a lot of people have made up their mind. roy moore has had plenty of fans, many religious conservatives that remember when he took a stand for defending the ten commandments monument that he had installed in the state supreme court building. seems like many people are going to defend him no matter what. here's a sampling of public opinion. >> if man comes out and says he did it and was honest about it, i would still vote for him. not saying that is right, but if he's being honest, that's what we need in america, more upon nest people. >> if he did do the things they're accusing him of, i

couldn't vote for him with my conscious. because i don't believe in that. >> i know roy moore. i've known him for years. i know what he stands for. i know what he has -- what he has fought for. i will stand with him. >> no matter what? >> no matter what. >> true or false. >> true or false. >> and today judge moore's wife posted on facebook, this in initial to the initial accusations, kayla moore says after the accusations came out against judge moore, his polling numbers didn't change. so do you think they will let up? we knew something was coming. just don't know what next. shep? >> shepard: anything from roy moore's opponent in alabama? >> yeah, former u.s. attorney doug jones weighed in. he said the allegations, not commenting on the most recent allegations. the initial ones in "the

washington post" are very serious and roy moore needs to address them specifically instead of issuing a blanket denial. also, doug jones was asked whether his campaign had anything to do with publicizing those allegations. here's what he said. >> absolutely not. absolutely not. that is just another in a continuing pattern of absurd statements that moore and his campaign have made. >> and with no signs dropping out of the race, moore and jones are scheduled to face each other in the general election scheduled for december 12, shep. >> shepard: jonathan serrie wrapping up the team coverage. thank you. our next guest says republicans in a tight spot. some clearly don't want to be connected to roy moore but he's showing no signs of quitting the race. if the republicans decide to get a written in, that could split the vote.

the party, the politics and the future of the senate coming up. a new development in the trial against bob menendez in the state of new jersey. we'll have that for you on this monday afternoon from the fox news deck. i no longer live with

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including herbal supplements. taking amiodarone with harvoni can cause a serious slowing of your heart rate. common side effects of harvoni include tiredness, headache and weakness. ready to let go of hep c? ask your hep c specialist about harvoni. >> shepard: continuing coverage of the top story. another woman has come forward to accuse roy moore of sexually assaulting her when she was a minor. this comes as the senate

majority leader mitch mcconnell says he believes the women, women who made accusations prior to today as he spoke before the new revelation and that he thinks the candidate should get out of the race. let's bring in eliza collins from "usa today." good to see you. >> good to be here. >> where does this race stand? republicans across the board are in a difficult position. >> they're in a very tough spot. roy moore has made this kind of establishment versus anti-establishment. he's saying mitch mcconnell is part of the swamp, part of the problem and any other lawmakers that follow mitch mcconnell are trying to take him down. he's, of course, denied the accusations. what mitch mcconnell by him distances himself and saying moore should step out, he's a, giving lawmakers a chance to get out, but raising the possibility if moore were to win or a

different candidate did a write-in campaign, he might discuss replacing him. so he might allow a democrat to win alabama over someone like roy moore. >> shepard: the race is not a run-away by any of the polls that we've seen. but mike emanuel reporting from his position on capitol hill, there's discussion at least of suggesting that jeff sessions, the attorney general, go in and take what used to be his seat or at least as a write-in candidate there. i wonder what sort of difficulties that might cause in other arenas? >> i've heard the same thing. conservatives, lawmakers are discussing that as a possibility. i've heard it's very early stages. the problem were a write-in candidate is it will split the vote. jeff sessions is conservative

and has a base in alabama. but moore also has a base. they run the risk of people voting for moore and someone like sessions and there's not enough for one candidate so the democrat wins. that being said, it's a maybe everybody happy idea, that trump is not happy that sessions is attorney general but could be good to have him in the senate. so it's not a guarantee. the race is not a run-away for either party. >> shepard: before he would run in this hypothetical that you're speaking of, would he have to be relieved of duties or be taken out of position as attorney general? if so, does that create complications on any level for the russia investigation? >> he resigned from the russia -- >> shepard: he recused himself. >> recused himself. yes. earlier this year. so he's not in that day to day

but he has a huge job as attorney general looking at kinds of different things. as far as i know, there aren't specific -- he might do it at the same time, but it's just a whole new ball game. this is not happened before. >> shepard: we'll wait and see how this plays out. for now, a new accuser who says i feared he was about to rape me. i liza collins, thank you. wild times in the trial of bob menendez. jurors started deliberations from scrap after an alternate juror had to step in. minutes ago, the jurors reported that they can't reach a unanimous decision in the bribery case. the judge told them what to do next. we'll give live reporting from new jersey next on fox news channel. you can't predict the market.

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>> shepard: get some fresh air and come back tomorrow. that was the instruction from the judge in the bribery trial of the democratic senator from new jersey, bob menendez. after jurors said they could not reach a verdict. the new jersey democrat facing charges including bribery, conspiracy and fraud. the jury situation has been a mess. the judge last week dismissed one juror because of a planned vacation. that means jurors had to start over with deliberations. the juror told reporters that she figured the case would end up with a hung jury and she would have voted for acquitting bon menendez. she said some of the other jurors said her vote did not count because she would have to leave for the vacation. today the judge asked jurors

whether any of them had heard anything about the case over the weekend. four jurors and three alternates said yes. now they're finished for the day without a verdict. david lee miller is following the proceedings in newark. david lee? david lee miller, it's shepard smith in new york. we're ready for your report if you can hear us. >> shepard, this is day number 35 for the menendez trial. at 2:20 this afternoon, the judge read a note from the jury. the note read in part "we cannot reach a unanimous decision ". the time here is significant. about three hours earlier at 11:00 a.m., a new juror on the jury began to deliberate with the 11 others on the panel. last week one of the jurors was excused because she was going to go on a long planned vacation

and she was replaced by another juror. the judge had agreed at this at the start of the trial. now the dismissed juror, jury number 8, told reporters after she was dismissed in interviews she thought that senator menendez was not guilty and that she was being pressed by other jurors on the panel to convict him. a short time ago, we heard from senator menendez, his reaction to this latest issue with juror number 8. listen. >> first of all, as i said 2 1/2 years ago when i first faced these charges that i was innocent. clearly there are jurors that believe in my innocence. i want to thank them for that. i want to thank all of the jurors for their service. i believe no juror should be

coerced. seems that we have been all of these jurors have been deliberating since monday. i would hope that at the end of the day after they finish tomorrow, those that continue to believe in my innocence will stand strong. >> this is where things stand at this hour. the judge after reading the note from the jury that says they cannot reach a unanimous decision said they should go, get a good night's sleep, get something to eat and he said he would not require that they remain in the courthouse until 3:30, which is when deliberations were scheduled to end and they should come back tomorrow morning at 9:30 and try again to reach a decision in this case. earlier, shepard, the defense attorney had asked the judge to interview some of the jurors to see if they in any way were

influenced by some of the publicity surrounding the case. many said they heard news reports. after meeting with the judge, the judge said this panel is going to remain in place, not going to declare a mistrial. tomorrow morning, the trial will resume for what will be incredibly day number 36. shepard? >> shepard: david lee miller live in new jersey. a breaking development in the accusations about roy moore. wee just gotten a new statement. this is from corey gardner who is the chairman of the national republican senate committee. he says the following: "i believe the individuals speaking out about roy moore spoke with courage and truth proving his unfit to serve in the united states senate. he should not run for office. if he refuses to withdraw and win, the senate should vote to expel him because he does not meet the ethical and moral requirements of the u.s.

senate." that's from cory gardner. this came in just prior to david lee miller beginning to speak. we're trying to get to mike emanuel. the question is what sort -- how much pressure will mount as a result of this. is mike emanuel -- here's what is happening. mike emanuel is getting reaction to this. remember, there were accusations that the nrsc pulled their money and support from roy moore already. we'll get to mike emanuel for reaction on that in just a moment. president trump meeting with a man of the philippines, has killed thousands according to activists and accused of human rights violations. there was no public condemnation from president trump on this trump.

details in a live report from manilla. senator rand paul returning to capitol hill after the attack that he says broke six ribs. what he's saying about that assault is also coming up. headlines from the fox news deck coming up. you'll need in retire? then we found out how many years that money would last them. how long do you think we'll keep -- oooooohhh! you stopped! you're gonna leave me back here at year 9? how did this happen? it turned out, a lot of people fell short, of even the average length of retirement. we have to think about not when we expect to live to, but when we could live to. let's plan for income that lasts all our years in retirement. prudential. bring your challenges.

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whether it's a ride to the doctor or help around the house. oh, of course! tom, i am really sorry. i've gotta go. look, call right at home. get the right care. right at home. >> shepard: a fox report now. more on the headlines from the fox news deck. the church in texas where a gunman killed 25 including a pregnant woman now the site of a memorial. the congregation placing a white chair and rose for each person that died in the attack. in paris, a ceremony for 130 people died two years ago when a concert hall was attacked. a crowd including survivors and the french president released balloons. college students bringing down the house, or part of it.

the floor of an apartment game way in an off campus party near the university of north texas. cops say nobody was badly hurt. engineers are investigating if the building was up to code. breaking news. we just got news from jeff sessions and is he interesting in the senate race. that news coming up.

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of republicans here on capitol hill or throughout the trump administration of getting him to go back to his old senate seat, sounds like that's done. >> shepard: there's been suggestion from tea party republicans, the freedom caucus, the same thing, that mo brooks might be a possible write-in in alabama as well. >> shepard: sure. i think alabama republicans are looking at any potential option that they can come up with to get the support. luther strange, the guy that held the seat for a short period of time, some have suggested could he be a bridge, could he perhaps get the seat long-term. mo brooks, the house member that is well-known here among conservative circles, if he's an option. so with more and more attacks against judge moore in the final days of the campaign, it's clear that republicans and conservatives are trying to come up with an alternative on what is traditionally a ruby red seat

in the senate. they're worried about losing it. >> and then there's cory gardner that just made a statement prior to the break. "i believe the individuals speaking out against roy moore spoke with courage and truth proving he's unfit to serve in the united states senate and not fit to run for office." first of all, mike, the nrsc, had it already withdrawn financial support as we had read in so many places? >> that was my understanding. they were expressing concern, worried about the impact on this race and also worried about the impact on next year's race. so now you have the majority leader of the senate, now the chairman of the nrsc basically saying this guy needs to go.

so it's getting bigger and bigger by the moment. >> shepard: i believe this would be the highest ranking republican that suggests even if he wins the election, even if he winning it, that he would suggest that republicans remove him, should expel him. cory gardner is a high ranking person, right? >> absolutely, a striking comment from him. he's pretty level-headed guy on capitol hill. he doesn't make bold statements like that without cause. that will get a lot of people's attention here on the middle. >> shepard: mike emanuel on the hill for us. gets get to john roberts traveling with the president and is live in philippines capitol of manilla now. john, this idea of robert mueller winning the ebb chelectd being expelled by the senate. your thoughts. >> it's a difficult thing to do.

i don't know if it could be done. the constitution doesn't provide any kind of guidelines for what it would take to get rid of a sitting senator. there's not been any ousted since the 1800s. sounds like a heavy left. we talk to some folks about what is your thinking here and what could you do. they really don't have any idea at this point. they don't think a write-in candidate could beat robert mueller. he could split the vote and allow a democrat to come in there. there's a possible that you could do something once he got in and then a simply case for kay ivy, the governor of alabama, if there's an open seat to re-appoint a republican. maybe something like luther strange to fill the seat. right now, the white house does not have any idea what they can do. steve bannon weighed in on this. he was speaking in new york city. let's read to you what he said.

we had the sound of it. he said "we don't we get the republican party to back off. where is the leadership of mitch mcconnell. it's like billy bush weekend and this thing down there with judge moore, they're petrified of the opposition party. so steve bannon bringing up an uncomfortable moment for president trump during the election campaign with the access hollywood tape became public. bannon is a big backer of judge moore and is still in moore's camp. but shep, as more allegations come out, it's clear that establishment republicans are running away from him as fast as possible. the situation down there in alabama -- you know the south very well, shep. a lot of people still behind roy moore. if the election were today, a good chance he could win. the steady drip drip of allegations between now and december 13 may torpedo the

campaign. we don't know. we'll have to see what comes out. no question that the republican party seems to be running away as fast as they can. again, the white house has no clue at this point what to do about it, shep. >> shepard: it's interesting. you mentioned the fact that they're in alabama, they might say, we're not going to let "the washington post" tell us what to do. there's no doubt there's that sentiment there. the republicans have spent many decades convincing the party faithful that "the new york times" and "the washington post" and the rest of the msn or the liberal media are not going to report the truth on these matters what some republicans have said the last couple days has been interesting to me, john. that's been their listening to what roy moore himself said to sean hannity. two different allegations. one is about a 14-year-old. that is pedophilia. that is one thing. the 16 to 8-year-olds. when sean asked him, did you

date people under age, under 18 at the time, roy moore said that wouldn't be my general conduct, no. but he never denied it. it's that line to some republicans have referred when they said the accusations are more believable than the denials. that seems to be a tipping point. >> yeah, you know, susan collins, senator from maine on the republican side, pointed it out. now we have the new allegation from a woman that was 16 years old, gloria alred brought out today saying judge moore attacked her when she was 16 years old. that she grabbed her by the neck and tried to force her face down on his crotch. if that allegation is true, that could be the straw that finally broke the camel's back.

sexual assault, if you have a very convincing case, that could be the real tipping point there, shep. so people just beginning to weigh-in on this latest allegation. we'll see where that goes. >> shepard: john roberts with us from the philippines early on a tuesday morning. let's go to tom lobianco from the associated press. an official from roy moore told brook baldwin on cnn this would be a breach of the constitution if the republicans or if the senate decided not to seat him and seat somebody else. they're playing the constitutional argument now. you know, we'll see how that plays out. your thoughts on that. >> yeah, as you heard from gardner earlier, which is a stunning statement, by the way, that's an expulsion. not refusing to seat by taking a vote to expel a senator which is provided for in the constitut n

constitution. looks like you need a 2/3 vote of the body. so the big question is let's say hypothetically that moore does win it and goes to the senate and gardner and mcconnell presumably the other senate republicans lead an effort to expel him, you have to get 2/3 votes. what do senate republican dos? if you expel moore, then you get a solid republican back under the appointment from the governor. so do the democrats -- it's something of a democratic question. what would they do? maybe they want moore there for political reasons. it would be terrible if anybody said that but it might benefit them not having a guaranteed vote for mcconnell and whatever the republicans are doing. >> shepard: richard shelby has called for him to step aside. mitch mcconnell has called for him to step aside.

the chairman of the senate committee has asked him to step aside. is there a voice that might be a tipping factor here? can you think of somebody that might go to roy moore and say it's time and he would listen? he says he wouldn't even if it were the president. >> probably would have been the person i would have offered up as the tipping point. doesn't look like he's going to. i mean, he's dug in. we see these new allegations here. another woman that was 16 at the time. there's more coming. well, according to this most recent development. it's just terrible for the republicans right now to be in this mess. he doesn't want to go. >> shepard: terrible for these women as well. >> oh, yes. >> shepard: tom lobianco with us. thanks. the news is still developing. more reaction from the hill when we get it.

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>> shepard: north korean troops shot at a fellow soldier that was apparently defecting across the border at south korea. that's according to south korean military officials. they say the soldier was able to make it to south korea, but he ended up in the hospital with gunshot wounds to his elbow and shoulder. no word on condition. analysts say more than 30,000 north koreans have defected to the south since the late 90s. but all of them travel through china. rich edson is at the state department. rich? >> this is a rare incident. a north korean soldier defecting has happened three times there, 1998, 2007 and this incident according to south korean reports. the south koreans found him about 50 meters inside the

border in south korea and had to drag him to safety. this all happened in the joint security area. the area of the dmz, the only where the north and south stare at one another. usually defecting north koreans will cross on the northern border into china and then they have to evade chinese authorities in china. if they're caught, they'll usually get sent back to north korea. the south korean government says the number of north koreans escape to south korea has fallen 10% compared to the same peered yo last year. >> shepard: thanks, rich. reports of dirty money, a slush fund and a possible motive for murder. the investigation into the death of an army green beret and the

two navy seals at the center of it all. so he took aleve this morning. if he'd taken tylenol, he'd be stopping for more pills right now. only aleve has the strength to stop tough pain for up to 12 hours with just one pill. tylenol can't do that. aleve. all day strong. all day long. that was just a'ight for me. yo, checi mean,t dawg. you got the walk. you got the stance.. but i wasn't really feeling it. you know what, i'm not buying this. you gotta come a little harder dawg. you gotta figure it out. eh, i don't know. shaky on the walk, carriage was off. randy jackson judging a dog show. i don't know dawg. surprising. what's not surprising? how much money lisa saved by switching to geico. wow! performance of the night. fifteen minutes could save you fifteen percent or more.

>> shepard: two u.s. navy seals tried to bribe a green beret with dirty money before he ended up dead. that's according to the report of the daily beast. sergeant logan melger was in mali when he discovered the seals were taking money from a slush fund for informants. that's when the the seals offered him a cut. he refused. sergeant melger turned up dead. the victim of strangulation. jennifer griffin with more. an investigation well underway. >> that's right, shepard.

here's what we learned about his death. we're learning the two seals, members of elite team six, were already under investigation. they were alleged to have been involved in skimming cash from an informant's fund. staff sergeant logan melger was strangled to death june 4 while staying in a house with the two seals. it was ruled homicide by asphyxiation. the two seals said that melger had been drinking when they took him to the hospital. the problem is staff sergeant melger didn't drink. melger reported to his wife he was having trouble with the two seals. >> shepard: jennifer, when did superior officers say they began

to suspect foul play in melger's death? >> almost immediately. red flags were raises and there was no sign of alcohol or drugs in his blood stream. the seals alibi began to fall apart. immediately an investigation was ordered. staff sergeant melger was a well-respected member of the special forces group. he was hand picked for this investigation. the two seals are being investigated for murder and their alleged involvement of skimming money that was supposed to be used for paying informants. >> shepard: jennifer griffin at the pentagon. thanks. senator rand paul is back to work for the first time since we're told his neighborhood attacked him and reportedly broke six ribs and damaged his lungs. senator paul said kelly and i want to thank everyone for your

thoughts and prayers for my recovery. while i'm in a good deal of pain, i'll be returning to work ready to fight for liberty and help move forward with tax cuts in the coming days and weeks. last week rene boucher pleased not guilty to assault. boucher's lawyers said the incident was over a trivial matter not related to politics. and on this day in 1979, darrell dawkins shattered his first nba backboard. the center for the sixers jumped over a kings forward. dawkins came up with names for his big dunk. the league installed new shatter proof backboards after darrell dawkins broke his first one 38

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