this case where i think it should have been considered. >> lawrence: can the feds get involved with this? a new administration involved now going to take office quickly. can they get involved? >> i don't think so. i don't see any federal jurisdiction or any crimes that meet the definition here. >> lawrence: counselor, thank you so much. we'll follow this case through. this became the center stage of the former president's campaign and a lot of people are wondering if they can get justice in this case. thank you so much for your insight on this case. >> thanks, lawrence. >> lawrence: we'll following it as we hand it to bill hemmer and dana perino. we're also following the appointments of the president-elect. tune in to "fox & friends" weekend. see you monday. >> dana: spotlight is his.

president-elect trump gives his first major speech since winning the election. he gave praise in mar-a-lago and said his victory belongs to the american people. >> the american people have just delivered something very amazing, the biggest political victory in 129 years. we won the popular vote. i didn't win it. the people won it. the great people in our country won the popular vote. this is what they wanted and this is something special. won the white house, recaptured the senate and as of today recaptured the house. >> dana: his picks face the confirmation process in the senate. all eyes on athens, georgia. murder trial is good b to get underway for the illegal im grant charged with killing georgia nursing student laken riley. i'm dana perino and bill is off today. good morning to you, my friend in d.c. >> great to be with you. asme owe shannon bream. this is "america's newsroom."

so let's get to that case. the defendant jose ibarra attacked laken riley when she was jogging. he waived his right to a jury trial. his fate is in the hands of a judge. >> dana: donald trump embraced her family and blamed laken's death on biden's reckless border policy. >> i have met with the wonderful family of laken riley, the brilliant 22-year-old nursing student. she was so proud of being first in her class, who was out for a jog on the campus of the university of georgia when she was assaulted, beaten, and horrifically killed. yet another american life was stolen by a criminal alien set free by this administration. this is my vow. i will not let these killers and criminals into our country.

>> shannon: team coverage. kerri urbahn and paul mauro are here and first madison scar pino in georgia. >> good morning. this case put a spotlight on the national immigration controversy. there will be cameras in the courtroom throughout this whole trial. what i can tell you right now is that jose ibarra has been in court already. 30 of riley's family members will be in attendance. the 26-year-old illegal immigrant will not have a 12-person jury. a legal move experts are calling unusual especially since the death penalty is off the table in this case. >> it is the weirdest thing that i have seen as a lawyer where there is nothing mitigating on the table and that they are

waiving a trial -- a jury trial. >> i think the strategy here this caught so much publicity the defense is thinking the judge can take a sober look at the evidence and not be inflamed by all the publicity and things surrounding it. >> evidence expected are fingerprints, dna. cell phone and data and a jacket. ibarra's brothers also lived in the apartment. they are in the u.s. illegally as well and in federal custody for having fake green cards. the brothers are ordered to be in court as potential witnesses. this case a center point of the presidential election but locally in athens a progressive democrat d.a. who is the reason the death penalty is not an option in this case lost to an independent challenger this election. that d.a. handed over the laken riley case to a special prosecutor who we'll hear from throughout the day. if the judge convicts ibarra he

is facing life in prison without parole. back to you. >> shannon: thank you so much, madison. we'll keep checking in. >> dana: want to remind everybody how did the defendant get her and how did we get to this point? in september of 2022 he crossed illegally and makes his way all the way to new york and that was in september of 2023. as we've seen a pattern, arrested in new york city then. let go. makes his way to georgia, and in october 2023 he was cited for shoplifting, a crime. let go again. in february of 2024 this is when he is -- the date where he is charged with the killing of laken riley. i was looking at the bigger picture. under president trump these are the types of numbers you are looking at for ice removals of illegal immigrants who for whatever reason were in the country illegally but criminals in the country illegally.

look at the biden administration and those are the numbers and that's one of the reasons you see this number which i think is amazing. immigration being the most important issue overall and in georgia 20%, 18%. look at the difference in 2020 it was 3%, 4%. something happened. i have think we all know what it was, the change from biden to trump on border policy. that's the background. let's bring in paul mauro and kerri urbahn on this case in particular. how unusual is it to have a bench trial and what can we expect as viewers? we're used to a jury trial. >> generally you go with a bench trial when you think you are not going to get a fair shake in the jurisdiction and the case is technical in a way you trust a judge to parse the law better. in this case realistically the judge has been deciding against the defense in every motion so that's why i think a lot of us find it confounding. there is no reason the judge is

in any way inclined towards the defense. i would suspect you will see a lot of technicalities and challenges to dna. some indication they might try to say the dna could go to his brother to raise reasonable doubt. it will move quickly now. the evidence is pretty clear. and i think we'll know in short order which way this one is going right away. >> shannon: kerri, something dana mentioned. when he was in new york he was arrested for something and ice wasn't able to get the detainer together quickly enough to hold onto him there and ends up in georgia and a suspect in the murder. it seems that our law enforcement agencies, state, local, federal, they've been put at odds with each other. this ability for ice to try to get there and get someone potentially a threat seems like it is, you know, there are those at every turn trying to gum up the system so it doesn't work and people like this continue to roam the streets. >> that's right.

cities like new york have made it virtually impossible for ice to do their job. i think it is particularly interesting that the alleged murderer here has ties to this venezuelan gang, tren de aragua and the reason that's interesting when i was at the department of justice, only four or five years ago, the venezuelan gang issue wasn't even really a thing. it was ms-13. now this has become the new ms-13. yesterday in tennessee the state version of the f.b.i. there put out an alert saying that this gang is in every major city in tennessee. that's horrifying. i think it goes back to the timeline that dana was pointing out and the fact that this individual has ties to this gang is highly concerning. >> dana: paul, one of the reasons it is of such interest across the country is one, laken riley unfortunately for her family has become the person basically the entire nation is looking at and saying to the

biden administration this is what we don't want. if there is this tren de aragua connection we saw what happened in colorado, for example, president trump went and did an event to showcase that. i think she becomes almost like the symbol of what could be happening all across the country that people want to get on top of. >> yeah. it's really unfortunate. you do get throughout history you get these iconic crimes that end upstanding for something large. in new york city the city began to turn around in the 90s after the killing of a utah tourist here that was senseless. laken riley's murder coming in the same time era of things like rachel moren and the murder in texas woke people up to the fact the tda migrants coming into the country more organized than we realized. we began to realize we had a real problem here, not just

looking up toothpaste for shoplifting reasons but people willing to commit these kinds of murders. >> shannon: it definitely as we're watching they're doing housekeeping as they get things started here using an interpreter as well for the defendant. something dana said, in looking at our data that shows us how people voted some democrats are acknowledging this and the impact that these cases, that these fears and conversations had on the electorate. here is congressman ritchie torres, a democrat out of new york. here is his take. >> the main reason we lost was inflation and immigration. on the subject of immigration, i too believe we swung the pendulum too far to the left. i see immigration as the driver of entrepreneurial and essential workforce of america but i'm also self-aware enough to know that i'm considerably to the left of the country. and you have to meet people

where they are. >> shannon: there are a lot of americans who aren't in the same place that torres is but willing to acknowledge this conversation has been impacted by cases like laken riley. >> to a voter point, the fact that the democrats were consistently acting like nothing to see here or glossing it over when americans living in their everyday lives were seeing buildings taken over by illegal migrants or seeing all these folks just standing on the streets in queens. my brother is a guidance counselor at a high school in brooklyn saying the amount of migrants, this is heartbreaking. the amount of women lining up as prostitutes on the streets needing to make money is staringing. you can see all these people. some have started businesses in front of businesses. for instance, at say a nail salon you have illegal migrants offering cheaper rate the

opportunity to do your nails and the business owners are saying wait a second, we have to get licenses and follow the rules and we can't make a living because they are in front of our doors doing the same thing and nothing being done about it. it's one of the reasons why donald trump won. >> dana: paul, i love to ask the question that maybe is on everyone's mind but sometimes they could be dumb questions but i'll ask it. a lot of our legal experts including you have said this could go a lot faster because it's a bench and not a jury trial. they still have to present evidence on both sides and have witnesses. >> they do. you won't get a lot of the technicalities that you get in a jury trial. questions coming back from the jury, scheduling issues that you have with a jury. remember, you have 12 people, that's herding 12 cats. we've been through enough trials that a juror has to be replaced.

deliberations take a while. now we don't have to go through jury selection because it is just going to be the judge. the whole thing is streamlined. the judge understands the law better. that's the arbiter of the law in the court and move things along much quicker. and we'll get, as i said we'll get a feel for the tenor of this thing as the case begins to get presented. we'll see some of this technical evidence that i think they are hoping that is the defense is hoping the judge will be an ally with. but we'll have to see as this dna and phone forensics come in what the atmospherics are in court. >> dana: we're watching these developments in the murder trial for the illegal immigrant charged with laken riley. they are doing housekeeping things. we'll bring you news as it happens. there is also this. >> the fema director will be in washington on tuesday to try to explain to the oversight committee as to why they are discriminating against americans

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>> dana: prosecutor in the laken riley murder trial started opening statements. let's listen in. >> counsel for the defense will notify the court if they feel that camera is intrusive.

>> i'll revisit it any time i need to. all right. start with the opening statement. >> yes, your honor. >> may it please the court, counsel, on february 22nd, jose ibarra put on a black hat, a hoodie-style jacket and some black kitchen-style disposable gloves and he went hunting for females on the university of

georgia's campus. in his hunt, he encountered 22-year-old laken riley on her morning jog. and when laken riley refused to be his rape victim, he bashed her skull in with a rock repeatedly. that is what this case is all about. the evidence will show that laken fought. she fought for her life, she fought for her dignity, and in that fight, she caused this defendant to leave forensic evidence behind. she also marked her killer for the entire world to see.

the forensic evidence that he left behind in this fight is his dna, and only his dna and lake en's underneath laken's right fingernails. he also left behind in a struggle with her over her phone because the court will hear that she called 911. he left behind his left thumbprint on her iphone, which was found not far from her body at the crime scene. and it is that forensic evidence alone that would give you enough evidence to find him guilty as charged on the counts in this indictment. but the evidence in this case will come in basically three forms. there will be forensic evidence, there will be digital evidence. and there will be video evidence. and all three forms of those evidence will point to one

person, jose ibarra as the killer of laken riley. we'll start with a timeline. the timeline is established by a lot of the digital evidence that you will hear about. and for laken that timeline begins at 9:03 in the morning. at 9:03 on thursday, february 22nd, laken riley does something that she does all the time and went out for a morning jog. she lives not far from the crime scene and you will see several maps in this case and you will see that where laken riley lived, where the defendant lived, where our other victim who you will hear from in this trial lived building s at the university of housing at university of georgia steven housing and where items of evidence were dumped in this case and laken was murdered are all clustered together within about a half mile radius of one

another. you will see several maps throughout this case. she left her house at 9:03 in the morning. we know that for several reasons she was captured on her ring doorbell and you will see that video of -- through our first witness and she also is captured on a trail cam that becomes very important in this case. about 9:05:00 p.m. she is captured running from her house down rogers road toward the crime scene where she encounters this defendant. she is running, as you will see, with a few things that are important. two air pods, they are noise canceling air pods and they are phone, her iphone in her left pocket. she is wearing typical running clothes. you will hear a little bit about how she runs, what she runs with because these things are important to judge what eventually happens between her and this defendant on the trail. she wears typically very tight running clothes because that's

what is comfortable when you run so it doesn't get doesn't come off or get loose when you are running. this day she is wearing running tights, shoes and three layers of clothing on her top. wearing a running bra, a shirt, and a tight black running jacket when she leaves her house. at 9:11:00 a.m. exactly, laken is a few minutes into her run and we have some digital data that we'll talk to you about a garmin watch she had gotten for christmas wearing on her run. this watch captured a lot of important data that you will hear about. but she is on her run and her phone, she activates the emergency function of her iphone. you will hear about that through testimony of witnesses who examined her phone. she activates the emergency function of her iphone and she

attempts to call 911 and she, in fact, does call 911. her call is connected to ac cpd. at 9:12 you will hear the call was -- at 9:12 the call was hung up by the caller, not the 911 center. the 911 center did not hang up on laken riley, the phone hung up. at 9:12 they tried to call her back and there was no answer. this is an enhanced version of the 911 call and there will be several stipulations between the parties in this case. we will execute a waiver of them as they come in. one of the stipulations was this 911 call was sent to the f.b.i. in quantico where they attempted to enhance the call and this is a one minute eight second call. the enhanced version of that call and i would like the court when listening to the call right about 55 seconds into the call

you will hear a voice. [phone dialing] [phone ringing] >> hello, this is -- [inaudible] hello. [silence] >> county 911.

[phone dialing] >> there is a long break in what happens next. it was laken's mom who laken usually talked to on her run who started calling laken at 9:06 that morning and you will see the call. when she couldn't reach her she called three roommates. lily, sophia, they were all

seniors. laken had recently transferred to the university augusta athens campus because she wanted to be a nurse. the four of them still lived together. the roommates are all i would say technologically savvy and security savvy and they all four had iphones and there is a function with an iphone called call my iphone. the four ladies, roommates, shared their digital location with one another 24/7. so when it -- when her mom called and looked for laken she notified the roommates and the roommates started checking for laken, texting and calling her and no response. i will say this particular day, february 22 of 2024 happened to

be the day where there was a widespread phone outage by at&t. some of the girls did have at&t as their service provider, laken did not. she had verizon. the girls were having phone problems due to the widespread outage. you will hear how that interfered with their ability to find where she was. eventually they could not find her. they could not find her for hours and even though laken would go out on long runs, she always had her phone with her and they became concerned. around 11:30 on the day of her murder, two roommates, sophia and lily went and walked the trails behind the intramural fields where laken used to run but also had her digital profile. her digital profile put her in the middle of the forest and they had noticed that she had not moved. she had not moved for hours. so they walked to where they could last see her digital

profile and the two roommates found one of laken's air pods. they photographed it and collected it and went back to their house where they could have wifi to connect because they had no phone service and the outage was on. at 12:05 p.m. they called the university of georgia police and reported that laken riley was missing. it isn't until the police respond immediately. and they take that digital profile and you will meet sergeant maxwell. the officer who found laken's body. it takes him, even with her digital profile. this is a very forested area. she was off the running trail and it took him about 25 minutes even with her digital profile for him to locate her. he did locate her and you are going to see the body cam footage of him locating her and what he found when he found her

is that she was hidden almost under a tree covered up with a bunch of leaves. the first thing he noticed was that her breasts were completely exposed. her -- all three layers of her top clothing were pulled up above and around her neck. he also noticed that her running tights that she typically wears above her naval and they were pulled down and underwear protruding from her tights and severe injuries to the left side of her head. he began immediately trying to save her life but he could tell she was dead. she was cold. but he began cpr and you will see the efforts of him and several others georgia police officers trying to save her. they have to move her out of this area to get her flat on the ground. give her chest compressions, cpr, they put the pads on her chest to try to start her heart. eventually the fire department and ems comes and do the same

and work her for several minutes but she is dead. she is dead. there was nothing they could do to stop it. or help her. you will see the crime scene measurements. crime scene was worked by the gbi in conjunction with the pd. you will hear from all of them and f.b.i. and ac cpd, the four of them really in conjunction worked this case. and the crime scene importantly when they get there, there is really very few items there. but item number one where you see on the trail is the other air pod that laken was wearing at the time she was running and then they saw a disturbed area of leaves to a point where they found two rocks and a tree. all three of which have laken's blood on them. laken's body was where you see the green there.

her phone was not found near her body. it was found where you see item 8, the other tree that you see there. but her person was taken 64 feet off that trail. so from where air pod is item number one to where you see items two, three and four, is 65 feet. so in legal terms, he took her 64 feet off trail to attempt to victimize her. this is the crime scene and you will see how wooded it is and why it took sergeant maxwell so long to find her even though he did have her digital profile. and then here this photo is actually the phone. so it took them a really long time to find the phone. they were calling and pinging the phone. her phone was on silent so they

couldn't hear it. it wasn't until it got dark they could find her phone. they kept looking for her phone because they knew the phone was there and they found it and when they found it, this is what danielle of the gbi saw on her iphone exactly where your phone would be if you go to hang up a call on iphone at the bottom of the iphone she found the print in blood. they processed the form immediately. the latent print was sent to ac cpd and we'll talk about that a little later. here are some of the garment data. there are some things that we will never know about exactly what happened between jose ibarra and laken riley on the trail. we know enough. at 9:10:00 a.m. from her garmin as she is wearing. she is clipping seven minute miles running doing her thing listening to music.

something happened. he does something to her to make her stop dead in her tracks. she initiates the s.o.s. function on her phone and calls 911 and she immediately stops. after that you will see some of this garmin data, her movement because it went to the f.b.i. cast team. the ones that analyzed it and you will hear about it. she is on this trail with this defendant for about four minutes and then you see four minutes later her garmin move 65 feet into the woods and there is some additional movement of her along that time and her heart rate is still going until 9:28 a.m. her encounter with him was long. her fight with him was fierce. and that is what the garmin data shows. and once her heart stops at

9:28 a.m., there is no more movement from her garmin. so what happens next? well, ugapd leaves and they really have nothing other than a peeping tom incident that had occurred on campus at 7:57 a.m. i will talk to you about that more. what they do is it is a combination of good police work and luck, pure luck. but they start dumpster diving. they are dumpster diving. everybody is looking into every dumpster in the athens area for anything because they have nothing. and at a dumpster at an apartment complex where he lived, a police officer named davis finds this hoodie jacket. when he sees it, it is in a recycling bin stand out because

it's right on top and he noticed it had long, dark hair on it wrapped around one of the buttons and he could see blood. and he thought that was suspicious. so he calls ugapd, they respond at 9:00 on the day of laken's murder. they collect the jacket found in the dumpster and they send it immediately to the gbi crime lab indicator for testing. while they're there, they notice -- they look around and see that one of the residents in this apartment lives in b32 had a ring camera that works a little different. had a camera aimed at that dumpster. they asked the residents can we come in and see your camera, he agreed to let them see it and this is what they saw. at 9:44 in the morning about 15 minutes after laken riley's heart stopped, this is what they

see. so they saw an individual that they did not know who it was at the time dump the jacket in the dumpster and go to those bushes and dump something there.

so they go to the bushes and this video has been enhanced and i'm sure you will hear a lot of testimony about this video enhanced by gbi cyber. i know the court sat through motions to suppress with the black hat, there was a lot of discussion about and you will hear more about all of those things. but this is an image that they locked in on and began to circulate around the neighborhood or as the cops call a bolo, be on the lookout for this individual. they didn't know who he was and circulated that. but they did go that night, the night of february 22nd, to the bushes and they found three black disposable kitchen gloves. those gloves were sent immediately to the crime lab. one of the interesting things about the black disposable gloves when they got to the crime lab and analyzed, a picture on the crime lab. on the thumb of the glove there was a hole. there were also other holes in

the gloves. on some area of one of the gloves that the crime lab examined they found a hole and they also found blood. that blood was determined to be laken riley's blood on those gloves. so i've already told you about the geographic locations, all clustered. you can see in this map the crime scene. the dumpster where the items were found is marked building s is right by the bus stop and laken riley was further up towards the top of this photo. the distance between the building s which will become important and laken riley's body is 300 yards. distance between the dumpster and laken riley's body is 500 yards. the distance between the dumpster and the bus stop where the defendant lived. he lived in that apartment complex is 150 yards. everything is close together. so what happened next in the

investigation. the very next morning on friday february 23rd, at 8:32 a.m. at ac cpd again is just looking out for anything. they have the bolo at that point. they encounter a person named diego ibarra. he is wearing a black hat that they thought they saw in the video the night before. on that hat that he was wearing the next day is laken riley's blood. their theory it was the same hat was absolutely correct. so they encountered diego ibarra. they give him a fake green card. they ask to go back to the residence and begin talking to him. ugapd arrives and they begin to take over the scene.

from the information that they had gotten from diego they knew the hat was seen on the video. he said he had brothers in the house sleeping and many communication difficulties at first. the first responding officers did not speak spanish, no one in this apartment d126 could speak english. at some point uga brought two of their spanish speaking officers on scene and communication gain easier. both native speakers of spanish arrived and began taking over the communications. when they get there, they are attempting to secure a warrant. before they could do a security sweep to secure the residence for a warrant, the man in the

middle in this slide comes out with a garbage bag in his hand and gives officers consent to enter the residence and when a sergeant enters the residence he sees jose asleep in the bed. that's how he has been identified in this case. you will see there are five residents that live in apartment d126. jose, also goes by the name of victor, that will be important. a lot of the communications within his phone and some of the witnesses call him victor. jose ibarra is victor. diego ibarra is jose's older brother going by the name of -- a nickname that many people, including this defendant call him,el gotsche owe. are againis goes by manny and rose belly goes by la gored yeah

and another called carlito. you will hear from one in the residence and hear that all the residents, deputy attorney general and argenis and jose are in federal custody with immigration issues. we'll produce rosbeli. it is her that identified jose ibarra from the dumpster video. the officers, when they saw jose ibarra that day saw he had many injuries to him. scratches on his arms, scratches on his wrist and the back of his neck. scratches on his hands and they photographed those injuries to him. then they began to do an additional canvas of this entire

apartment complex. multiple buildings in this apartment complex, a, b, c, d, e, multiple teams of agents looked for cameras, talking to residents, what do they know and not know. one of the things they found is that the ibarras lived in 126 and 125 and 124. 124 had a ring camera. 125 had a still camera. and they went and collected videos from those two apartments and importantly on the day that laken riley was murdered, at 10:21 a.m. jose ibarra is captured on d124 coming out of his apartment with a bag and now his clothes have changed. he is wearing different clothes than he was wearing 40 minutes ago. he had the bag in his hands and he is walking towards the dumpster, another dumpster in

their apartment complex. and that dumpster, by the way, had been emptied the day of the murder so when the officers went to check that dumpster, that dumpster had nothing in it for them. but in the other -- the next door neighbor's still camera shot at 10:24 a.m. jose ibarra is walking back toward his apartment empty-handed. nothing in his hands. so they searched the residence that day and found a few things of significance. number one, they found three more black disposable kitchen gloves which were sent to trace evidence for plastics and polymer examination and they concluded they had originated from the same source as the gloves recovered in the bushes. two cell phones and you'll hear

evidence but they also found no bloody clothing, no bloody anything and the shirt and satchel that you see the defendant wearing in the video, the dumpster video, were never found. they are not there. so what other forensic evidence? the parties will stipulate to the prior dal pert hearing this court has heard. we will have a stipulation with the transcript and all the exhibits that that thumbprint latent print on phone that night and eventually the digital image of that phone print on laken riley's phone was compared to diego ibarra, and the others and they were all excluded. they didn't leave that thumbprint behind. it was matched to this defendant jose ibarra.

it is jose's left thumb on laken riley's phone. and the analysts or expert who did that analysis testified at the dal bert hearing showing the court 15 points of comparison that he found and his results were peer reviewed by another examiner and she agreed with him. there was also dna in the case that you will hear about three different types of dna, traditional, yftr and true allele. it's gino typing but it is a computer software program that deconvolutes or separates complex mixtures of dna. before you can go to true allele you have to start with traditional dna. all the items you hear dna results from start evidence with traditional dna, swabbed,

ampl amplified -- the jacket found in the dumpster had blood on it and in the blood for traditional dna is laken riley's dna and this defendant's dna. only the two of them. they are on the jacket he dumped in the dumpster. the rocks and trees from the crime scene were also processed for dna for prints and everything we got. but on the rocks and tree just laken's dna on the rocks and tree. they attempted at first, which is protocol, to do what called yfr dna testing. they were swabbed on her hands and sent to dna for analysis. it is a better fit for trying to separate male and females. only males have y chromosomes. they attempted that first and

were successful. the problem with yftr and the officers did gather the dna of jose ibarra, deputy attorney general ibarra and the another brothers, blood brothers share the same paternal line and same yfta profile. what the lab found when they tested the fingernails of laken riley. left hand there is nothing. on the right hand, there was male dna. for the yftr testing that they tried first, jose ibarra could not be excluded of the donor of that profile and neither could our defendant. they are blood brothers, diego was able to be excluded.

after the yftr was done it was sent to true allele along with other items. when it was tested and the data was tested into the true allele program, it excluded argenis and diego, true all legal matched jose to the dna under riley's fingernails. 10 billion times more probable. the gloves that were tested is >> dana: we've been listening to the state prosecutor in the laken riley murder case. jose ibarra has the headphones in being translated to spanish

is listening to the evidence the prosecution is laying in front of the judge. in is a bench trial, not a jury trial. that was the defendant's choice. it has been very difficult to listen to and her family and friends including her mother and stepfather are in the courtroom and obviously visibly moved having to listen to this again. paul mauro and kerri urbahn and shannon bream from washington, d.c. paul, one of the things that's pretty clear is the system completely failed this young woman and her family. >> unfortunately it really did. somebody who should not have been in the country to begin with and then had at least two arrests that we know of. one, in fact, down in that area in athens. he was out on a bench warrant for shopping lifting. arrested in new york city involving having a young child on a motor bike endangering the welfare of a child. none of it clicked up to federal authorities and could have therefore initiated a removal.

this is the result. >> shannon: we talk about the difference between a bench and jury trial. it is different where the prosecutor is laying this out. you don't have to worry about emotions of the jury. more cut and dried when you go to the judge. we have been able to tick through a lot of information that i haven't heard before in this presentation. >> that's exactly right. as a woman, it is so-up setting listening to this and thinking of the terror and the fear this young woman must have been experiencing as she went through all of this. as an american, it is sickening because america failed laken riley because of our border policies. the number one priority of the president and federal government is to keep americans safe. that is widely understood. that did not happen here.

this should never have happened. >> dana: paul, we have just about 45 seconds. one of the things that's remarkable is the evidence they're laying out has a lot to do with technology because of the equipment she was wearing. we know that her heartbeat was still in existence at 9:28 a.m. after it goes forward. you pay a lot of attention to that type of development in terms of technology and police work. >> we talked about it at the top this was likely going to be this kind of evidence. the prosecutor is doing a good job of laying out the timeline. that matters because it creates a narrative. you want that in the mind of whether it's a jury or bench trial. a judge in this case. the heartbreaking detail she fought him for 17 minutes. that's the kind of thing that comes out of the digital evidence that really brings to light what happened. it can be very exposing. you have it here. >> dana: stay with us. shannon, we'll take a very quick break and we'll be right back. because i know so many of you have served our country honorably.

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