>> that is about all the time we have. good luck with the snowstorm. >> thank you, i didn't know there was one. always a pleasure. bill schulz, you disgust me. chris conor, always fun. greg gutfeld, that's me. see you! captioned by, closed captioning services, inc. tonight, new information on the link between al-qaeda and the failed christmas day bomber. hello and welcome to "geraldo at large." i'm kimberly guilfoyle filling in for geraldo rivera. today the president speak out on a young man charged with trying to blow up a plane bound for detroit. >> the investigation continues and we are learning more about the suspect. it appears that he joined an affiliate of al-qaeda and that this group al-qaeda trained him and equipped him with the explosives and directed him to attack the plane headed for america. >> and the country of yemen taking center stage as the new battleground against terror. the mayor of boston wanting to block tankers from yemen from

delivering liquidfied gas. but will it fly? >> just a proposal. the coast guard along with the maritime security committee is reviewing the proposal to establish what additional security procedures need be put in place. we are coordinating with the local, state and federal partners right now with all vessels from port to port of the united states, they submit a 96 hour notice of arrival and we do security checks and go through documentation and sometimes with physical boarding teams on the vessel. with liquidfied natural gas we do board the vessel and ensure that the documentation is in order and make sure that the people that are on the ship are supposed to be there. >> first, the latest into the investigation linking the failed bomber to al-qaeda. molly hennen berg has the details. >> president obama says yemen where 23-year-old umar farouk abdulmutallab prepped for his

christmas day terrorist mission is a country "grappling with crushing poverty and deadly insurgency." yemen has sent hundreds of troops to two eastern provinces in the country where the government has little control to try to root out terrorists operating there. president obama says al-qaeda in yemen and the broader arabian peninsula attacked previously. >> they bombed yemeni facilities and western hotels. restaurants and embassies, including our embassy in 2008, killing one american. i made it our priority to strengthen our partnership with the yemeni government and working with them to strike al-qaeda terrorists. >> in the republican's weekly radio address, senator mitch mcconnell did not address the christmas day bombing plot but says the u.s. is facing "count

"daunting difficulties in the new year." >> while it is true that many of us approach the issues differently at the beginning of a new year, it is important to remember that we are all united by our love of country and by a common faith that no challenge is too great for the american people to overcome. >> as for the investigation into the failed bombing, president obama says he expects final results from his advisors and recommendations as to what to do in the days to come. kimberly? >> joining me now to discuss president obama's affirmation of al-qaeda's connection to the christmas day attack is senior fellow and director of the terrorism project, walid farrah and mike baker also a host on fox news.com at 10:00 a.m. eastern time. thanks for being here, gentlemen. i'll begin with you, mike. what do you make of this? too little too late? why are we getting this

information so late? >> it is odd. it seems to be behind the curve. we have been talking about the al-qaeda links for abumutallab since it happened. this is a tightly controlled micromanaged administration and the inner circle is very small. at first janet napolitano comes out with her unusual message that the system is working. i can't imagine anybody actually leaves that that was just her acting on her own. i suspect that any mess thank goes out at that level of the cabinet gets cleared through rahm emanuel or david axelrod. >> you don't think she takes ownership of that gap? >> now, she has to. some people calling for her job. enough is enough. this is a problem as we just heard that concerns all of us and shouldn't be a bipartisan issue but the current

administration, they have to own it and i think one of the things we have seen them do recently is essentially throw the intel community under the bus early on. president obama declared he has two reviews going right now. before the reviews are finished he is already declareing that there are systematic failures and human failures. i think in an effort to distract and deflect from the white house. >> how much of an investigation do they need to do? i mean the guy got on the plane. what was he doing on the plane to begin with? obviously the system didn't work. obviously there was an abun dance of failures along the way and not just at one point. >> first of all, the assessment of the administration is that he is not a terrorist connected to a worldwide network in al-qaeda until proven otherwise and that came 48 hours only when al-qaeda made a statement in yemen. that comes as a result of the policy which was unfolded since last july that we are not at war with the global network and so these are the consequences

now. but beyond that, this isn't a case where abdulmutallab showed as i called him a human missile that he can thrust all the way to the airport into the plane and had it not been the courage of ru one citizen or multiple citizens that could have been the bloodiest attacks since 9/11. we have his blogs around warnings and red flags. what is it that he has not been put on a list is the question mark saying that the president and those are going to be reviewing and theyville to determine. >> they have pretty convincing evidence that he was up to no good. his own father came to turn him in and we had intelligence and briefings specifically to the white house back in october, newsweek is reporting on that this operatives would be coming to the united states and

secreting things inside their underwear and plotting an acing. >> you will, in the world of terrorism, the holy grail was how do you connect the dots. we do some things very well in counter terrorism and we have to remember again every time there is an attack or attempted attack we tend to say oh, my god, how did this happen. it is a human run process and unfortunately you will never get it to a zero risk. there is always a chance that something is going to slip through and in this business connecting those dots and taking all that information that flies in from the different parts of the world, if our own internal agencies and our allies and being able to identify here is a threat here or interesting comment here. i have to put that together with five other interesting comments and now suddenly i have something that really looks serious and now i can move that person on to a no fly

list perhaps because it does meet certain requirements. certainly in hindsight, everybody is a great monday morning quarterback. now, we are looking at it like how did we miss it. we missed it because the weak link in the processing a taking those pieces of information and joining them up at some point and saying okay, the threat is bigger than just these individual pieces of recording. >> bret: but i guess the larger problem as well is that people see this as a systematic disassembly of the intelligence services. going after the cia and trying to put them on trial. saying that we need to close gitmo. hindering the agencies that we need to give the best resources to to get the job done and taking the warnings and advice of people coming to give us briefings seriously so we are well prepared and not ill reequipped for events like this. >> and walid referred to this in his earlier comments. there does seem to be a

reluctance on the part of this administration and at times the previous administration to be fair, to not call this a war. al-qaeda for sometime now has been at war with us. and no matter what we call it, that is the reality. and i believe that at times we are reluctant to take that on and address this the way we want to. yemen right now is the flavor of the month. yemen has been an issue in counter terrorism for years and years. the problem with al-qaeda is, i hate to say this, but it is like roaches you can eradicate them here and they will pop up some place else and this is part of the problem with afghanistan. to say we are in afghanistan to defeat al-qaeda they already moved on and yemen is one of the places they have moved on to but they have been there for some time. we also have to stop them in indonesia and thailand and malaysia and places they look to operate as safe havens.

>> and nigeria. >> find out what bold steps one city plans to take to protect itself from terrorism. ú@ñ"ç7ú

>> kimberly: the mayor of boston proposing bold new steps to fight terror. shipments of liquidfied natural gas from yemen are due next month and that has some leaders very concerned. laura engel has the latest on the report. >> hi, kimberly. the mayor of boston says a tanking ship that was expected to dock has been on the phone for the last few days working on a plan to meet up and get the department of homeland security involved to help assess the risk. liquid natural gas tankers come through at harassment bor harb. usually coming from egypt and trinidad. this would be the first time one originating from yemen would come through the area and

as of right now it is just a proposed plan. the area surrounding boston harbor needs liquidfied gas to turn into heat. one possibility is unloading away from the city. u.s. coast guard officials who are in charge of the security of the area say they are coordinating to see if there is additional security that might be needed. >> right now with all vessels calling on port to port o the united states they submit a 96 hour notice of arrival to us and we do security checks both through documentation and sometimes with physical boarding teams onboard the vessel. >> also the linkerring warning that came from a 2004 memoir by form counter terrorism czar richard clark who wrote that al-qaeda operatives have been infiltrating boston by coming in on liquid natural gas tankers from nigeria.

just last month, the city was elevated to the list of tier one urban area security initiatives. boston will receive about 30% more in homeland security funding. kimberly? >> kimberly: joining me, once again, walid fhares and mike baker. walid how much of a threat do you think the tankers are? barking up the right tree so to speak it. >> if we have actual intelligence that this is going to be a threat, certainly. i understand the local officials are concerned about the potential threat. number one, taking some measures, even the dramatic plans to be applied is not going to protect the entire united states. so that has to be done on a national level. number two, al-qaeda is basically watching us and monitoring us. if one guy two years ago tried

to use his shoe to plant a bomb, hundreds of millions of american citizens and others had to take off their shoes for many years and same could we say about the terrorist in britain who wanted to introduce some explosive liquids and we can't introduce any more water. so al-qaeda has the inish ittive in the case. if they say that we will take measures in boston which is very understandable, they will not come through tankers, they will come another way. >> kimberly: maybe it is a good idea that he is telling them hey, this is what we are going to do so they try something else. the problem is we end up a day light and a dollar short on all of this. we are not investing the money like we should be into technology and things that might make a difference. >> i agree with walid on the issue. we tend to be fairly reactive. we spend a lot of time trying to game out what are the next scenarios. al-qaeda watches us.

they have a media wing and people involved in the terrorist effort for a long time. we have to remember how long we have been fighting this. it didn't just start at 9/11. and to speak to the technology because there is -- too oversimplifying. one is the list process that we are becoming so familiar with and the fact that abdulmutallab was on one list and not others. and then there is the technology side. i'm a big buyer on technology because that is the easier fix in a way. i know it costs money. >> kimberly: what about body scan. >> i have no problems with the intrusive nature of the technology. a lot of people do which is why we have so few of those machines out there. some of those people on capitol hill have been complaining it is too much of an intrusive process. it would be much easier in a way, i know logistically and resource wise, difficult, get the machines throughout because trying to fix the human side,

again, that holy grail of how do we connect all the dots and do it all the time right, that is a tough one. >> kimberly: walid, el-al has been very successful. they have people highly trained and allow for no breach of misstep from the point you get your ticket you are getting screened or if you are switching flights, they highlight and notice all of these things. you would think that we can achieve that kind of success in this country. >> well, look, we may one day have to resort to these methods. they are still ahead of us. the measures taken by the israelis are part of their entire confrontation situation. we don't have that mindset in the united states. they may have it because they are organized in such a manner. it is more an issue of how far can the public accept measures such as the measures taken in israel. >> he has made a good point

because there is this balance and the current administration made the comment about there is a false choice between your security and your ideals. you choose more security and you give up something on the civil liberties and privacy issue. every time there is an incident or attempted attack we tend to recalibrate that. we may not go as far as israel that considers themselves at war all the time, i doubt the american public would accept that. >> kimberly: but we seem to be more accepting when terrorist acts like this affect the united states. thank you very much. coming up next, their 16-year-old son could have been saved with simple antibiotics. so why did they let him die? and police need more help. this eight month old baby is

missing and police have in custody the person suspected oo - boys, wake up! - when you use windex, the streak-free shine lets in more light. oh, man, we're gonna be late for school! come on! when do you think she's gonna tell 'em it's saturday? ( birds laughing ) let in the light with windex. s.c. johnson-- a family company.

the matter of the state of oregon plaintiff in the above entitled court and cause be the jury being duly impaneled find

the defendant as to count one not guilty in the charge of manslaughter of second-degree as found in the indictment. paragraph two in the above entitle the court and cause we the jury being duly impaneled find the defendant as to count two not guilty of the charge of criminal mistreatment in the second-degree as file in the indictment. >> kimberly: that was oregon judge steven mauer delivering the verdict in the case of ray lien worthington who was tried in the death of their 15 month old daughter ava who died in march of 2008 of complications from pneumonia. the worthingtops who are members of the controversial faith healing group follower is of christ did not provide adequate medical care for their daughter but the jury found otherwise. now, the parents also await trial on charges of criminally negligent charge in the death of ra raylene's brother

16-year-old neel. according to prosecutors they didn't provide adequate medical care for a fatallur urinara tract infection. john, i will begin with you. why did the jury acquit your clients? >> well, i guess the short answer is that they felt that she did nothing wrong. the long answer is that they were -- we proved that kids die all the time. they die unexpectedly. they die under the best of circumstances. and i think that the jury despite all the adverse publicity through the media and the tremendous resources of the government trying to exercise their religion animous or

prejudice against the members of this church, we were able to prove to the jury this was a sudden unexpected illness that resulted in a fatal event some 20 minutes before she died and that even under the best circumstances and the best hospitals and the best doctors she probably would not have been saved and that this happens all the time and could happen to anybody. we were judged under the reasonable person standard or criminal negligence and the jury i guess decided that this could have happened to anybody and that there was no fault by raylene. >> to use your words you said probably wouldn't have survived. the people have problems with this because perhapses if she did have the right medical attention she would have survived and that is the whole

point. >> well, she died of sepsis which is a blood borne infection that gets into your blood stream and attacks the organs and kills in shockingly fast time. kids die of sepsis at home or in the hospital and t is hard to save anybody that has sepsis. >> kimberly: but john, you are not going to save a child like ava if you don't get medical attention. then your chances are zero because they are not going to survive it. it can kill very quickly and rapidly and it is urgent to receive medical prevention pride in order to prevent a death from occurring, at least try. >> under these circumstances nobody felt that she was in a desperate or dire situation. she had a cold, possibly the flu, she was sick for maybe 30

hours. everybody thought that she was getting better. the family, the friends. she was playful, happy, active, eating. she didn't have a fever. she wasn't throwing up. there was nothing that would indicate that she was in a desperate situation and needed medical attention. attention. >> kimberly: that is the problem with infants and children and toddlers they can turn on a dime and all of a sudden things become very grave. tom you are an investigative reporter and have been covering this case and the next case that we will discuss they closely. what are your thoughts? >> well, we got involved in this back in march of 2008, not long after ava died, we heard from people that this toddlerhood a died and we did stories. we actually broke the story and went to the medical examer's office and they told us that ava died from sepsis, something

that they don't see often. they said it was a horrific and painful death and she didn't get treatment for what appeared to be possibly pneumonia. that if she was just given an antibiotic she would be alive today. >> kimberly: why do you think the jury thought differently? >> they kept coming back saying they couldn't come to a decision and finally came back with the not guilty verdicts. i have no idea what was going on exactly in the jury room except for what we were told by the two jurors who we did talk to. one told us that she believed from the begining that it was the parent's right not to get their child medical treatment. another one said that had he known more of the background with the church he would have gone the other way. >> kimberly: gentlemen, stand by. we will discuss more on this case. up next, a 23-year-old old

woman arrested for kidnapping her own baby. she's in police custody, but where is her son tonight?

i love kids! i'm responsible. ahhh! [squeak squeak]

stop, stop! ahhhhh! whoa! being a parent's a lot of work. sid: [laugh] ha ha, no, stop, stop. from america's news headquarters, i'm marianne silbur. a man suspected of shooting four family members to death on thanksgiving in jupiter, florida, has been arrested in long key. the 35-year-old had been at subject of a massive man hunt. he is accused of killing his twin sisters, his aunt and a six-year-old cousin at a family

gathering in jupiter. a top official warning that al-qaeda and terrorists are still trying to launch an attack on american soil. they said the failed christmas' day attack is a sign they are testing u.s. defense is. president obama vowed that those behind the plane bombingw attempt will be heldoing dn. accountable. i'm marianne ailbur. now, back to "geraldo at large." many 911 calls that flooded new york city emergency services last january when u.s. airways flight 1549 crash landed in the hudson river. later we take a look at the miracle on the hudson as well as some of 2009's other amazing moments that were all caught on camera. welcome back to "geraldo at large." i'm kimberly guilfoyle filling in for geraldo this evening. joining me from corbin oregon, katu reporter tom jensen and

defense attorney john niven. and here in the studio, doug berg and former new york city homicide detective bo deedle. they are experts. you heard what we were talking about. faith healing. a controversial subject. >> it is controversial. we covered other cases. case war child died of diabetes and it was the same situation. my view is there are legitimate arguments on the defense side that there is no criminal intent because they do not want to harm the child. people may have trouble accepting that but they actually believe subjectively that the child will recover based on religion. it is controversial but laws are all over the place. but the prosecutorial side that i escaped spoused as well is once you get to the level of potential death the laws

should. >> kimberly: the negligent homicide. >> exactly. you can have religion beliefs and religion freedom but at point where you are putting your child, whether a 15 month old or a 16-year-old knowingly at risk and do not get them the attention that you need tortion me, kimberly, that is negligent homicide. >> kimberly: the child can't speak out for themselves. >> exactly. >> i believe that we have the state and you have family. why mother decides to give me -- well, my mother is gone but if she decided to give me chicken soup when i had the flu and that is going to get rid of it and i died, what do you do, lock up my mother then. >> kimberly: i don't want to lock up your mother. >> well, you can't now. >> like the young kid here with the bladder, he died from a bladder infection. you have to have intent that you knew that your son was going to die. >> kimberly: knew or should have known. he had a urinary tract infection that killed him. >> what about imus? my friend don imus is eating

jalapeno pepper and sucking on goat cream. he has ca cancer. >> a grown man making his own choices. >> do you prosecute the wife. >> we are dealing with children. >> why not take a kid to bring them to the hospital because what if you are wrong? what if chicken soup isn't good enough and your child has sepsis and your decision not to take them to the hospital kills them? >> you know what was interesting and i saw you legitimately questioning it and i agreed with you is they were mixing apples and oranges in the previous discussion. apples is we have no care and the child died. orange is it wasn't that serious. >> right. >> different. >> two separate analyses. >> a urinara tract infection takes awhile. they should or -- >> hohow many people die from ? >> if you don't get the

antibiotics and people do die from that. >> when was the last person that you heard die from a urinara tract infection. >> not many because they get the treatment. >> but that makes the point. that is the problem -- let's bring john in and then tom because we have to wrap this. this is so eas easy liqueured d dealt with. that is the -- to easily cured and dealt with. >> i'm sorry. i can't speak to that case. i'm not the attorney on that, it hasn't come to trial yet. i just can't respond. >> but the same family that you have been working with and representing and it is your client's brother who is now deceased. it seems like a lot of bodies stacking up in this family. it doesn't have to be that way. please stand by because this is

a fox news alert. the search is on for a missing baby boy from arizona. is eight month old gabriel johnson and he hasn't been seen for two weeks. is when and his mother elizabeth johnson disappeared in tempe, arizona. elizabeth was due in court for a custody hearing the monday after christmas but she never show od up. she was arrested in miami beach, florida, but there is no sign of gabriel. johnson is not talking and they are worried because of what she has said in the past. take a list. >> there have been threats made. at this point there is no evidence that the threats have been carried out but we are concerned that we don't know where the child is. >> kimberly: based on her prior threats, how much concern do you think they have that the child could be in harm's way? >> if she made statements to other people that they documentiated and statements that she doesn't want her child around any more and the child is a bother to her.

this reminds me of the other one that the child was killed by the mother leaving her in the trunk and she died. to have that fact and now all of a sudden the kid disappears. these things lead to the conclusion, it is a tragic conclusion when these things end. >> can you imagine a mother -- i mean that is what is so amazing to me about these cases when mother is involved. but absolutely, she said -- so incriminate that they should go after the mother and interrogate her now and not wait a second longer. >> kimberly: the sad thing s this baby? where is this child? >> when you have a lot of inconsistent statements piling up. sadly as bo said it sort of leads to the same conclusion right back. it is unbelievable. >> kimberly: it is. trenton duckett. that little boy was missing and the father they questioned him and determined he didn't have anything to do with it and the mother was acting bizarrely. >> i remember that. >> but in our see sight societs

such a fineline for the bureau to take the child away they have to make a determination that the mother is not fit to take care of the child and has death wishes in her mind. you then have to say kimberly i'm taking your child away. is a tough determination you have to do but in some cases it has to be done for the safety of that child. >> kimberly: to protect the well being. >> andrea yates she drown five kids simultaneously or one right after the other. we don't want to wait until that. >> kimberly: you have to weigh the balance and even the goal of if they take away a child temporarily there is reunify craig. >> there were three boys seven years old, triplets.

no food in the refrain rater and i was about to get to a homicide down the block. i told the woman, i said i'm coming back next week and if you don't have food in the refrigerator i'm taking the kids out of there. you have to get involved. if you see abuse of a child. do something. if you see someone abusing a child, take the license plate, report it to the police. don't wait for something tragic to happen. >> kimberly: hopefully someone will act when they see this story on th the news and call e police if they have any information about the where abouts of this child because this child deserves more than that. talk about another story. a new twist to social networking. causing police to view updates to his facebook page. is craig who escaped from a british prison where he was serving a seven year sentence for armed burglary.

he has been on the run for three months and is posting updates of his whole life. apparently it is quite fabulous. he has 40,000 facebook friends including bo. i'm glad bo is here because he is going to talk about this tauntitation that this guy is doing. >> if any one has information about him. >> you know what is great about him, you know he will get turned in. i would like to be the judge that is going to sentence him for the escape. >> or maybe his friend on facebook. >> and then when the judge has the determination you are a pretty smart little lad there and now you are going to do seven more years. >> that was irish? >> i don't know. >> kimberly: go ahead and defend it. >> a, he was toward the end of his sentence. b. >> that's awful. >> he was on day release and

allowed to walk out of the building so it was not houdini escape. >> apparently it was easier to get out than it is to get out of this studio. >> you could be in a white collar prison and you could walk right out but if you escape. >> and then you flaunt it by going on facebook. >> kimberly: he is going to face more time and more charges. >> what about 40,000 people or 40,000 fans in favor of this guy. what does this tell you? people like antiauthority. antiestablishment figures. they are sort of endorsing this guy's behavior. >> you. >> kimberly: you know what is going to happen, right? there he is. run, lady, run. like run forest, run. >> run ladie run. >> until they catch you and then they will sentence you to

max. >> facebook actually has to be a little bit careful. if i were representing them either in-house or outside. >> you don't want to encourage the criminal enterprise. >> they a, better cooperate with law enforcement to the exit tent they can and b, make sure that they don't get jammed up for assisting a fugitive. >> any kind of provider, what the defense is, we are just first amendment, we are putting up what is already, we are not actually co condoning. >> if the law enforcement approaches. >> and then there is the way of finding out the ip address. >> kimberly: help me out here, i'm not like a rocket sigh init tift. >> track it down, yes. >> didn't you use to work at -- >> one of the things that i have gotten involved in similar things with the internet is google. if you are to google somebody all the negatives come on that first page. true or not true, they come on the page. >> have you been googling

yourself? >> wait a second. how about the good ones show up on page 38. there is a way. i have to announce there is a way, kimberly with coming out with it, there is a way to take the negatives of yourself off of google and put them on page 16 instead of page 1. >> kimberly: we will add to your resume that bo repairs reputations. >> i think the worst part of the story is this guy is just flaunting it. >> kimberly: they will put him behind real bars. >> i'm hiring bo. >> run, lazie run. there he is. now, about this. is it a crime? driving while texting. don't do it. more states passed laws making it illegal. critics are saying this isn't going to work.

well-informed people are considering chevy malibu. are you a cop? no. you didn't hear it from me, but this malibu, it offers better highway mileage than a comparable camry or accord. estimated 33 highway. i saw that on the epa site. so how come the malibu costs so little. it's a chevy. you have cop hair. now get 0% apr for 72 months or during the chevy red tag event, use $1,000 holiday cash to get $3,000 total cash back on select '09 malibu vehicles in stock.

o i want to know why my hair is falling out. i don't even look like me anymore. how did this happen? announcer: for answers, ask your doctor the right question-- "could i have lupus?" >> kimberly: what has become an

all too familiar sight on the nation's roads, people texting. i can't control this panel. they are all texting here, too. i don't know what is going on. well, they are doing this while they are driving and it is causing accidents. so it is much like drinking these days. don't do it. don't drink and drive. don't come on the show and text while you are on the show. >> i'll get back to you kimberly. >> kimberly, what happened in wyoming with the cell phone. returning a phone call and this is many years ago and i lock up and one of my kids yelled at me dad, hurry up. a trailer truck was coming at me, a two lane highway. i wouldn't be here tonight. it is bad. and people said to me, what if they are just looking at it and not texting. still, you are looking your eyes, you are supposed to be looking at the road. >> kimberly: don't take your eye off the road. >> keep your hands on the wheel and your eyes upon the road. >> kimberly: and what ell. >> and the think about drunking

while driving -- drunking while driving. >> you are right. >> you know what i'm saying. >> it is the same thing. [ overlapping speakers ] but. what can i do with this group? >> kimberly: i don't know. >> the same kind of thing is that that your attention is taken away from the road. >> whether drinking or texting or look at t. >> what about even cell phone calls. talking on the phone while driving, same thing? >> because you have to -- >> i don't want to get -- i don't think it is as bad as text. >> kimberly: how about this, they are all not good. 19 states now with illinois that adopted this and there will be fines imposed. >> but i'm playing devil's advocate. they can't pass a law that says take a vitamin every morning. >> i would be in jail if they

did. >> why do they tell me that i can't do this while i'm driving. >> because you not taking a vitamin endanger perhaps yourself. if f. you are on the road and drinking or texting you are endangering everybody else around you. >> you may win that point. >> as a former detective when there is a law out there you do it, you are breaking the law counselor. you are former u.s. attorney. >> ticket. >> you get arrest. >> arrest me. >> you get elticketo. >> i got one for talking on a cell phone coming out-of-court one day. i fought it all the way to the supreme court. >> you can't do it. it is not safe and not responsible. how would you like it if you got in an accident. >> what the enforcement of the cell phone bans. it is weak. >> the worst thing. >> how are they going to enforce this stuff? ladies, you will listen. what is really bad. i pull up and a lady is driving and putting on makeup. that is just as bad.

using makeup should be a law, too. >> and you are right. >> kimberly: listen. i agree. i don't do it. i come to work straight up ugly. ugly until i get my hair and makeup done. fine by me. i couldn't do it in a new york cab anyway. >> there is a lot of things. >> you really have to concentrate on driving. and you have to keep your hands on the wheel, keep your eyes on the road. >> and here is the thing. if a call comes in or a text comes in that is really important. pull off to the side. >> wait a minute. how about hands free texting. is that possible. >> unless it is voice activate. >> this that is not possible. >> the hands on the wheel and eyes upon the road. do you think more states will do this? >> i do. i think they may even throw in a federal law. >> my mercedes has you can put a speech thing.

>> forget the bull in the china shop. we will show you what happens we will show you what happens if you mix a bull with an i i 

>> kimberly: forget new year's resolutions. i don't make any. the top news story, because it is fun, fun now and we will

have a little fun. here is jonathan hunt with a look back at the whackiest happenings caught on tape. >> reporter: a shootout at an ohio bar leaves patrons ducking for cover underneath a pool table. one small leap for justice caught on tape as a man tries to rob a southeastern, wisconsin bank, taking a stand and flying across the ropeline, tackling the masked man to the ground. an angry bull making a mad dash around an irish supermarket after escaping from the nearbilivestock pen. >> and i couldn't believe my eyes. >> another animal. watch out in aisle two. >> you are not going to believe this but this is a bear in the. a bear takes a confident stroll around a wisconsin grossry store and cameras capture it going into the store. >> this louisiana woman tucks a case of beer as a man tries to block her from the camera. she waddelled away but was later nabbed by police.

from stealing beer to using it as a disguise. a robbery suspect in nebraska gets crafty wearing an empty beer box on his head. he demands cash but settles for nine packs of cigarettes. guy not only took a grocery store's money but stole a kiss on the way out. holding a knife to the clerk's threat he leans in and plops one on here. comes into a building. >> glenn: narrowly missing a girl and coming within inches of the 6-year-old. a sex toy smash and grab in the buckeye state. a man drives his car through a set of doors but forgetgets ifo put the vehicle in park. he dashes around the store, looking following a $300 sex toy. one problem, his license plate was visible. all across the country an assault on atms. in california they took the whole machine and in texas a truck is used to pull and bash

it. perhaps the most memorable caught on tape moment of 2009 came in the beginning of the year as u.s. airways flight 1549 splash landed into new york's hudson river. all of its 150 passengers and five crews were safely rescued. the landing of the airplane by pilot chesley sullenberger was quickly proclaimed the miracle on the hudson. in new york, johnathan hudson, fox news. >> kimberly: kimberly guilfoyle, fox news. >> how helpful are the videos. >> the one shooting there when they were shooting over the pool table. they arrested people from the video and prosecuted from the video. and the one with the -- they arrested people on that and other videos with with the burglaries and robberies, every one could be used with the

video. >> what i learned is there are sex toys that cost $300 out there? >> kimberly: i'm sorry. i didn't -- [ overlapping speakers ] >> electronic rabbit. come on. >> all righty. [ overlapping speakers ] >> kimberly: wow. >> videos. >> as a defense attorney, a picture is worth a thousand words, what is a video worth? >> video is tough and unlike statements where you get a lot of hearsay problems as long as you can authenticate the video and who took it. >> the only problems with the video like what happened with mr. king in california, they did the last part of the video when they were beating the poor guy up but didn't get the first part of it when was going at 100 miles an hour and and tag nicing them and doing this. >> that is the problem. >> if it's all in context it will come through.

>> kimberly: if you don't have the -- i know. the story that he just told -- please. >> i'm learning new things every day. >> kimberly: the problem is if you don't have the video in its entirety things are taken out of context and can lead a jury or a judge to a false conclusion because the part that you do have, the portion that you do have is emphasized unduely over the part that is out there. >> like a football when one guy clocks a guy and the referee catches the guy retaliating. the guy that took the first cheap shot gets away with it. >> kimberly: that is because one guy has a quicker punch than the other. and the other guy is like that. >> get it in quick. >> personal foul. >> coming from a prosecutor's point of view, you always want to use it. even if it is a funny or whacky. >> kimberly: i love it. good stuff. >> the best video was that plane landing into the hudson. >> kimberly: miracle on the hudson, yes. >> absolutely. >> he is the best that is it for us for now.

please make sure to join us again tomorrow night, we'll be back. thanks for watching, everybody. have a happy new year and a good evening. captioned by, closed captioning services, inc.