president barack obama addressing the situation in egypt with an interview with bill o'reilly saying egypt isn't going back to being the country it was and playing down prospects the muslim brotherhood will take a major role in a new government. >> i think the muslim brotherhood is one faction in egypt. they don't have majority support in egypt. they're well organized and there are strains of their ideology that are anti-u.s..

there is no doubt about it. >> meanwhile, egypt's vice president reached out saturday to the outlawed muslim brotherhood and other opposition groups in an attempt to calm an anti-government up heaveal. >> wildfires in western australia, flames tore across the outskirts of perth, consuming 4,000 ache wler -- acres of forested land. they have been burning since late saturday. and in ohio, a fire after a train derailment going to be allowed to burn out over next couple days. the train derailing about 50 miles south of tolleedo saturday morning. some of the 62 cars exploded and close to 20 homes had to be evacuated. some people have been allowed to return home. there are no reports of injuries or what might have caused the derailment. and gas prices inching up across the us us and national survey reporting the price of

regular increased nearly two cents, and the average price is now $3.12. the cheapest gas can be found in memphis while drivers in san francisco pay the most. and now back to "justice with judge janine". you're watching the most power full name in news, fox news channel. update in 30 minutes. >> oo tonight on justice. a radical muslim cleric arrested for trying to enter the united states in the trunk of a bmw. who is al-jazeera and what is going on. we will speak to his attorney and then? >> a family of four vanish noose thin air. they might help us solve this myste mystery. >> what really happened? new details could finally crack the case. >> and a ten--year-old killed

his mom over chores. >> you shot your mom? >> yeah. >> should he be tried as an adult? >> plus a mom is sent to jail for sending her kids to a better school. coming up tonight on justice. >> welcome to justice. i am judge jeanine pirro. he has been kicked out of two countries and now he is trying to get into ours. who is he and why was he trying to ener the united states in the trng of a car. we have his attorney he joins us from las vegas. a ceo and founder of american border patrol. i am going to start with you eric. maybe you can tell us what happened? >> jaziri tried to enter the u.s. illegally in the trunk of a

car. he went along the mexican border and tried to get through the border in the trunk of a car. authorities caught him he has been arrested. he tried to enter the u.s. illegally. why he tried to enter the u.s. we don't know. he told the guys who smuggled him across the border he wanted to take him to a safe place in america. apparently judge evidences planning on staying here. he was a guy who has been kicked out of france kicked out of canada. he called for islamic shirea law to be instituted in canada. he did 8 months in prison back in france for assaulting a mosque who wasn't radical enough. >> where was he saided a -- hea and how did we watch him? >> not clear where he was headed. he wanted the guys who were transport can him to take him quote to a safe place in america. the way we caught him is a group of firefighters saw him climbing

into the trunk of this car alerted authorities they came and they arrested him. >> you say he has been thrown out of a couple countries he was thrown out of france and thrown out of canada as well. >> yes, he was. >> i am going to go to glen spencer, tell me about the area and the border where jaziri was located? >> according to the reports we have seen he was brought across the border physically. he walked across the border and then was put into a vehicle. according to these reports this was near california 50 miles east of san diego. this was incredibly unprotected area. the dhs was supposed to have built a fence there they didn't. they left gaps and holes. i think the american people would be shocked if they knew how porous our borders are

especially around places like this and this is an example of what could happen. >> he flew in from some other countries and then ended up in mexico and went across the border and then he is smuggled in the trunk of bmw and taken to -- where was he taken to? >> i understand as was reported earlier forest fire workers saw him put into the back of a bmw he was across the border and apprehended because of border patrol officers who were assigned to border patrol in san diego. >> you met this guy jaziri. he wants to come to canada after he was thrown out of canada because he lied regarding information when he was in

canada. >> i am a canadian attorney. i am represented him in canada representing him in order to get him admitted to canada. there's no reason to keep him out. all of the facts, so-called facts that we heard before are not true. he was convicted of a minor offense in france at a time under former minister of the interior charles pa pasqua. he lived in canada for years and had no criminal record. he is a religious islamic man and a cleric. he has no record. >> you said he was convicted. how could he not have a record. >> he was convicted in france for a minor manner. >> did he lie about that when he went to canada? >> whether he did not disclose fully a very minor offense is not a reason for removing -- i

don't know of any other man who had a wife and several children who's wife was pregnant at the time that was removed. the reason he was removed has nothing to do with the law. canadian law is compassionate. it has to do with --th>> the truth is if he wasn't deported from canada why did he want to come back to the united states? >> he wants to come back to canada and the you states to be close to his children. >> but if 'tis children are in canada why is he coming to the united states across the border? >> an elementary knowledge of geography would tell you it is easier to meet in the united states if you are in indonesia or some other place. he has had no criminal activity even if you assume something minor happened in france 20-years ago he has been an honest man since then he has a wife and children he has become

popular in canada. he expressed disapproval of people drinking wine at the time. >> whether he is a supporter of shirea law or not he was supported from canada. >> let me finish my question. he is ill legally entering this country. if he is such an honorable guy why does he have to hide in the trunk of a car and use smugglers. >> he cannot come into that country. i am portraying him as a man who should be allowed back into canada. i have nothing to say about american law i don't know it. i do know canadian law and inadmissability is contestable with federal court. i think he's a man who clearly has no criminal background for many years even if you still keep referring to some minor thing 20-years ago i don't know of any canadian law that's

strong reuniting family. >> you have a problem with canadian government supporting him. he was represented by council. my problem is he was supported to go back to tunisia he is going through the mexican border. >> what can you tell us about this guy who was driving the bmw, kenneth waller who saed was in the trunk of? >> we don't know other than he is involved in trafficking. other than that we don't know anything about him. we know mr. jaziri he and a few cronies pummeled the man. he also destroyed the man's property. >> keep going, eric. keep going. >> you spoke. bottom line you still haven't answered this. why did he try to sneak across the border in the trunk of a car

illegally. if he is such a good guy as the judge says -- >> i have to wrap it up. what does this tell us about the picture of the porous borders and the fears we have already had are they being realized based on what we are seeing? >> for years we have been begging the government to secure the southern border. it is a magnet for islamic gee haddists. his operatives have been documented crossing the border into the u.s. and judge just last week there was a book found in arizona along the border an iranian book glorifying iranian suicide bombers. this is what we are dealing with. >> this is fascinating. we have to close this one down. thank you all so much for being here. up next a family of four seem to have everything going for them. they have been nish into thin air. their family is frantically searching for them and they are here to tell us their story next

on justice. ♪ ♪ and now the purple dusk of twilight time ♪ ♪ steals across the meadows of my heart ♪

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>> welcome back. you don't think it could happen an entire family vanishes without a trace. that's exactly what happened to the mcstay family. >> we love you joe and summer and the whole family. we want you back home safely. >> joseph mcveigh and his wife summer seem to have the perfect life together. >> please.

he never played ever. >> happily living in california with two kids giani and joseph junior. then february 4th 2010 the entire family vanished. concerned after days of unanswered calls mike mcstay went by his brother's home. he found the family's beloved dogs unattended in the backyard eggs on the counter but nobody home. >> that's a kidnap situation. you know about it very quickly. the kidnapers demand a ransrans. that hasn't happened in this case. >> investigators called to the scene were baffled. there were no signs of a struggle. >> we are looking for baipging records, cell phone records. anything at all that might help us to solve this mystery. >> police discovered the couple's 1996 white sufficient had been abandoned in a parking lot near the mexican border. this video surfaced.

allegedly showing the mcstay family crossing the border into mexico. oo using confiscated computers from the mcstay home investigators found two months before they disappeared someone using summer's account inquired about purchasing spanish language tapes and about a week before they vanished january 27th someone did an internet search for passport requirements for adults and children entering mexico. >> the mystery might be solved closer to home. >> joseph's mother susan blake and mother michael join us along with the investigator in this case detective troy dugal. detective can you tell us what the latest is in this case? >> most recent tips i

occasionally get tips where people say they have seen the mcstay family or someone that resembles them. i saw where someone thought they saw summer mcstay. it was a false tip. someone thought it was summer but it wasn't. i also got credit card receipts from ross department stores in the local area that indicate somebody used a mcstay credit card. >> what was purchased? >> there was two beach bags 4 terri cloth sleepers and a jacket. >> as we look at this video of what appears to be a family of four crossing the video does it look like your son and his family? >> i never thought it was my son joey by the man walking in the

video. i can't see my son's hair. i believe it was the two little guys especially my youngest grandson by the way he walks. i wasn't sure on summer except the clothing looked very familiar. >> michael, he's your brother. do you believe that that is your brother crossing the border on february 8th into mexico? oo no. from what i gather he is much taller. my brother is 5, 9 and again the hair. my brother has a do. we call it the do. >> detective, what michael and susan are saying and that is they don't believe that that person is their son and their brother. is it possible that summer crossed the border without joseph? >> i would say it's possible.

not based on the physical e6d beforehand and the physical ed we have got since that. >> michael, tell me what you think is going on here? oo i have looked at this so many different times through the last year and i just don't see my before leaving not touching the bank accounts knowing he has to provide for his family. he has another son from another marriage. i don't see him not taking care of his responsibilities leaving his business. >> he was a successful businessman. >> he was doing well. he just bought a home in this economy which is hard to get. he was doing okay. as i look at that -- i keep wanting to look at the video. it's hard. i wish i could make an id. >> susan, michael, detective dugal stay with us.

we are going to talk about who she was and what role does she play in all of this. plus a mother sends her kids to a better school. problem is she doesn't live in the school district. ♪ when you're responsible for this much of the team, you need a car you can count on.

>> we are back. i am going to ask susan blake and michael mcstay where do you think joseph and his family are? i will start with you, susan. >> i wish i had the answer to that question. i would give anything to see a picture or know the entire family is okay. i feel something very bad has happened and i don't know what about you i know my son would not just poof and we would never hear from him again. >> did he have any enemies? did he talk about anything he

was afraid of, michael? >> no. if there was ever an issue which talk twice a week and he knows i would come help him out in anything. he's my brother. >> you had a good relationship? >> we had a good relationship. >> what do you know about summer your son's wife? >> actually, it is hard to say right now because when that initially happened i found out a lot of things about her i didn't know. >> like what? >> like her name was changed several times. i didn't know her birth date. i had three different birth dates. >> where did you get three different birthdays we from? >> doctors. >> doctors, dentists. >> i was shocked when all of this happened and i am hearing this for the first time. i don't know who she is. >> lisa, virginia was mirandaed

and you knew her as summer martelli. how long was your son married to her? >> they were together about 6 years i didn't find out about her name until i invited her family to my house they told me it was a made up name. >> who told you? >> after the ordeal. >> her mother. >> we never had an opportunity to meet her side of the family. they weren't at the wedding? >> her family didn't come to her own wedding? >> no. >> you find out after the fact that her own mother tells you that is not her name? what did she do before she met your son? >> i understand she was in reel i say state up in big bear. >> let me describe this to you. apparently there are dogs in the backyard there are eggs left on the counter and they love these

dogs. they had 90,000 in the bank he was a successful businessman. this makes no sense. how do people vanish into thin air? is there any reason to believe they prpt getting along? any problems between them that you know of? >> i feel if there were any problems my son would come openly and talk to me about it, and he did ask for for a counselor to find a good one for the family after christmas that he needed to get his life back together. i thought it was possibly because they moved from the beach inland surfing and quite a lot of adjustments there. >> that ask an interesting comment that your mom made that he wanted the name of some counselor. did he indicate there were any problems in the marriage? >> no. >> are you surprised that the woman he was married to had two different names three different dates of birth?

what are you thinking of summer right now? >> it is alarming. again, as i look at it i am looking for my family. i am looking for all four of them. -- >> do you think they are in mexico? >> i don't know. i know what -- i will follow the detectives, everything is pointing in that direction. in the fashion in which they left that's what's so alarming to me knowing my brother for my entire life and knowing how responsible he was with money and his business and his livelihood and home he's not the type of person to up and leave in this fashion not to contact. -- this is all over the airwaves. drop a dime, $0.25 let me know you are okay. >> he would not disappear without talking to you or your mom at least for the holidays i

would image. >> any time. >> i want to thank you all. if you have any information in the case of the mcstay family call crime stoppers 888-580-4777 or sd crime stoppers.com. up next a mom serving time for putting her kids in a better school district. plus an 18-year-old runs over a 669-year-old woman. finds out why the driver says it is the victim's fault. >> it was an accident. please leave me alone. it was a mistake. i was on prescription drugs. vu=8o3ñfçpñolmxgkobç÷kvóv

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former president reagan honored today on the 100 anniversary of his birth. first lady nancy reagan laying a wreath on his grave. mrs. reagan briefly greeted the crowd and 1200 guests. >> i know that ronnie would be thrilled and is thrilled to have all of you share in this 100th birthday. it seems impossible but that is what sit. >> he died in 2004, battling alzheimer's disease for years

and two suspects in custody in connection with a shooting at an ohio fraternity house. one person was killed and treated and released plees say the suspects were at a party in the house early sunday morning. the suspects suddenly left or were kicked out and came back, shooting. and the trial of three americans accused of shying getting underway in iran. the three pled not guilty to espionage. shourd released in september on half a million dollars bail. the three were detained in 2009 by ire yawnin border guards. the americans saying they were hiking in iraq. >> and ford saying many plants are working overtime and its looking to add shifts to respond to higher sales. the company has to slow and stop production in places due to a lack of parts.

sales numbers were up 27% in january. the company is expected good sales numbers throughout the rest of the year. now back to justice with judge jeanine. for latest headlines go to fox news.com. ox news channel. >> it is time to prove it where we have a few compelling cases in the news. joe tachypnea is a criminal defense attorney and he joins me. our first story is about a 10-year-old boy who ends up taking a gun and shooting and killing his mother. apparently he didn't want to bring in firewood so he ends up killing her. the issue is bigger than this. we have so many kids taking guns and killing their parents. should these 10, 11, 12-year-olds be treated as adults and prosecuted as adults? >> no way. they are children and that's why we have the juvenile courts.

we lack the capacity as adults. they can't be held to the same standard legally. that is why often parents are civilly responsible for actions of children. >> forget about civil responsibilities if this kid and what he ended up doing taking that gun shot shooting her in the back of the head reloading and going into the bedroom again there was a second gun on the bed he points the gun at his sister she says please don't kill me why shouldn't we treat him as an adult? shouldn't the punishment fit the crime? >> the punishment will fit the crime but he is a 10-year-old boy. >> i prosecuted 12-year-olds as murder. i believe they should be treated as an adult. >> they lack the mental capacity to be treated as an adult. how are they going to be able to make informed decisions about their case. they are not adults that's why we have the juvenile courts.

>> they come out at 21. where are they going then? >> hopefully the system works. hopefully in that time that 11, 12-year-old -- we have to believe in our system. >> you want them at your house? >> of course i don't want them at my house. hopefully those 11 years get them the help they need the therapy, medication whatever it is. by the way the system is all about rehabilitation. >> you think he can be rehabilitated? >> i hope so. he is 10 years old image having a conversation with your 10-year-old you are going to spend the rest of your life in jail. they don't understand what that means. >> the next story makes my blood boil. the mother of a 7-year-old girl missing since 1968 is ordered to pay something like $80,000 legal fees to a sadistic child killer because she loses her bid to get

information as to where her daughter as body might be. by the way she is 72 and she is going to declare bank see. >> of course factually i should leave. >> first of all this is in australia the laws are very clear. unless he is compelled by law to give testimony he doesn't have to the party is responsible for paying the legal bills. >> but the law over there is that if he does give the testimony it cannot be used against him in a prosecution. this poor woman wants to know what happened. this guy is a sadistic child murderer. >> no question about it the law is unless the deputy coroner is compelled to give testimony in this case he found the individual this percy have didn't have the capacity to give

incredible testimony. >> the mother wanted it. >> you are law enforcement. >> who are we protecting with the law? oo it's about the victim. >> we have another disturbing story here. a where are in pittsburgh allows a sex offender to live in her home with her three children. she is charged with three counts of endangering the welfare of her children. good charges? >> not good charges. >> why? >> she didn't commit any crime. he is not charged with endangering her children. he is not charged with endang endangering he is charged were not registering. all she knew is this man who became -- >> enamored with. >> whatever she is allowed to do as an adult didn't register

properly for his prior offense. >> you any she didn't know? >> isn't she putting her children in harm's way by allowing this sex predator who doesn't want police to know where he's living allowing him to live with her children? >> the crime she is charged with she knew he was a sex offeoffen. >> she endangers h her children. they can't control their own emotions. >> they are allowed to live. they are allowed that's the law. >> you wouldn't want him in int your house. >> of course not. >> don't lie to me. >> i am not going to lie to you. >> school is under fire for segregating stew departments to get their scores up. >> i listened to this. >> i want to hear it.

>> in this cases segregation is sought by the segregated class. they are the ones seeking relief. not to harm them we are not to highlight the superiority of another class but to help them. >> how do you help african american children by segregating them from whites? >> the term segregation conjures up all of these negative thoughts. >> they are segregating them 6 minutes a day twice a month. >> in the program that highlights the african american mentor. >> this is the haunting of another generation. >> benefits are statistically in this instance these kids put in this programs with these individuals -- >> do better? >> yes. >> i don't believe it. prove to me they do better when they are with their own race. segregation of white and colored

children in public schools have a detriment tal effect it has sanction of law for separating races interpreted and denoting the inferiority than negro group. >> who said that? >> martin luther king? >> chief jutis warren. supreme court verses department of education. how do they justify taking african american not chinese not african americans, he is just not -- >> it is requested by the back people. it is enough to promote education. >> that's not why. >> this is affirmative action to repeat -- >> i will let you get away with it. it's hog wash and you know why. >> lawmaker lies to obtain medical marijuana prescription in california. he gets the predescription now he's facing impeachment. he goes to california and says i have hemorrhoids i need medical

marijuana they found out about him should they impeach him? >> the reason they shouldn't impeach him aside from the fact that he is 71. >> what if he committed a murder? >> it's no different than doing an under cover sting. >> without the benefit of law enforcement. >> he didn't prove how easy it was. >> it shouldn't be that easy. >> didn't even have a medical license. >> here's the problem. too many people are getting medical marijuana where they are just saying i have a pain here, there and every where. they are getting it. >> the guy is presumed innocent. why didn't they em piech him? >> in my courtroom. >> there is a water shed moment. >> joe, good to have you here. >> we are going to go to a late breaking details in a story of a

mother sent to jail for sending her kids to a better school.

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>> 2006 to 2008 the only problem williams bowl lard didn't live there she lived in the next town over. when the school district and the superintendent brian pope found out he wasn't happy. >> the district hired a private investigator who shot this video following kelly from her home in akron to his father's house where she waited with her kids for the school bus. district officials tried to resolve the situation by asking her to pay back the tuition over $30,000, but she refused. so the school district turned

the information over to prosecutors and she was taken to court. >> my girls need me. i never went a day without seeing them off. never. my oldest daughter is 16. i need to be there for my kids. i need to be there for them. >> a jury found her guilty of fraud and she is sentenced to 10-days in jail 3 years probation and community service. >> i felt that some punishment or detour rent was needed for some other individuals who might think to defraud the very school system. >> the way i look at it the bottom line you need to follow the law. >> bob dire is a columnist with the akron beacon journal. he lives in the fair lawn school district. i understand that the ohio education department has said they can't remember prosecuting a case like this.

did this actually have to be prosecuted? >> irvi i think so. she is treated as a tragic figure who did everything right and getting picked on by the powers that be. the jury decided she lied on virtually everything she filled out. she lied about where her kids live not even to get them into the school but to get free lunches. sympathetic character in some ways and it brings to mind issues about school funding. bottom line is nuss because you want a better education for your children you can't steal. >> she was given 10-days in jail. this case is actually prosecuted a jury as you say returned a verdict. did this woman really need to go to jail? doesn't you think that's a bit of a harsh sentence?

>> on the surface. they tried like crazy to set up a payment plan. both sides have to be bargaining. >> they wouldn't offer a plea bargain. they had no record. she had no prior record. she is charged with a felony for a white collar crime, an economic crime. >> no white collar crimes deserve felony charges? >> no. i think what you have to understand is that it is rare in the criminal justice system to prosecute someone for a felony that does not have a record and does not offer a misdemeanor flee g bargain. does that mean the violent crimes are being plea bargained? you can only try so many cases in the criminal justice system. why this one? her father did live in a town. right? >> yeah, he didn't pay property taxes but that's another issue.

>> i maintain to have a plea bargain you have to at some point say i want to give i did things wrong and i want to accept this i want to go a lower charge. to the end she maintains she did nothing wrong. >> there was no plea fwar began. there was no offer. >> she was charged with a felony and that's the end of it. if the condition was for her to be remorseful she took her kids out of the school before she was insdieted. >> she defied the school district for two years. there were 48 other families and 47 of them. >> she was the only one prosecuted? >> 47 of them agreed to pay restitution leave the school district immediately or go about so they could live there legally. >> let me ask you this. the woman is a teacher's assistant. she is getting her teaching degree at the university of

ohio. she is looking to create a better life for her kids. she cannot now teach. >> that's a little misleading. the state department of education will have the call on that. felonies can be expunged if it's not a violent crime. you want someone teaching our children who falsifies knowingly falsified a whole series of documents over a 4 year period? >> it's interesting bob but i have to tell you the judge made it clear at the time of sentencing she told her because of this felony conviction you won't be able to teach in this state with the teaching degree that you have been working for after you work as a teacher. what i think is this. i have been a da and i have been a judge. this all didn't have to happen. the judge should have required a

plea bargain. this case should not cost the taxpayers weeks of picking a jury and going to trial. this should have been the case resolved outside of course and this judge as far as i am concerned did something by holding her finger up to the wind when she got the public out cry and she says, you know what maybe the should get her license back. if you are going to wear the robe, be a judge. in the mean tile bob thank you for being here tonight. appreciate your take on this. a woman gardening in her front yard is killed run over by a van. you won't believe what the driver told police. that's next on "justice." i love winter. with my suba forester and its all-wheel dre... ... handling even the toughest conditions... is just another day at the beach.

>> our next story involves

18-year-old kara girdy who admits she was high on pain-killers who she ran over rebecca wright twine killing her. she later told reporters girdi told her the victim quote was too old to get out of the way. then there is this. >> it was an accident. please leave me alone. it was a mistake. >> were you high on drugs? >> no. i was on prescription drugs. it was a mistake. >> she says she was on prescription drugs. my question is becau was she on? >> she was operating a vehicle, no she was not. >> the evidence is showing that even the police officer had to admit she had been taking drugs after the accident crushing them up putting them in a dollar bill snorting them to calm herself down. >> the attorney says she took drugs after she ran over the

doctor. >> she didn't know she ran over the doctor at the time. >> how can she not know. she ran over a human being. she must have been high. >> no. we went through a wall. >> she jumped the curb and drives over a woman and then goes into the porch and living roo room. >> right. she didn't know the woman was killed until 4 owe cro 4:00 in afternoon. >> did she knew she ran over the ro woman? >> she knew she was hit but didn't know she killed the woman. >> how will that effect her at trial when she says i was on prescription medication. >> i beg to difficulter with you i think she said they were prescription medications because she was caught with pills on her and she was saying they were prescription drugs. >> shoo wasn't saying she was on them but she had them. >> i am not denying she had prescription drugs on her. i am saying that's not what see said. she is never admitted to taking drugs prior.

>> the drugs are oxy c ox cotto and she took them after. >> after the accident she took them out and snorts it? >> nobody was around. >> i heard the neighbors went crazy. >> there was one person around the block two witnesses at the scene when the police officers arrived. they arrive twoed or three minutes later. the fact of the matter is you know and you prosecuted a case like this you have to have intoxication. there's news footage of her sitting in the back of a patrol car erect talking normally. >> she was speeding in the van. where was she going? >> she was not speeding at all. >> the van jumps a curb drives into a woman and a how is she wasn't speeding?

>> she didn't have a license? >> she had a learner's permit. >> she didn't have a license. >> she had a learner's permit. >> she tells the police she looked up at me the last second but she was too old to get out of the way. how do you justify that? is this woman remorseful? >> when she found out she di di she was so inconsolable they had to call me back up>> she said the thing that made me feel not so bad was that she was old. >> that's not what she said. >> that's what the police reported. >> i am doing the hearings judge. i am in the roo courtroom today. >> john lewis i want to thank you. curtis: welcome back to geico radio, it's savings, on the radio. gecko: kate from mill valley, it's all yours.

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