"happening now" starts right now. we'll see you back here tomorrow. jenna: iran and its nuclear program a big concern here in the united states. now a chilling new report that iran was conducting quote, hostile reconnaissance right here inside our country. what is this all about? we'll tell you coming up. jon: mitt romney racking up the delegates. some are call on rick santorum to call it quits. others say, not so fast. we'll have a fair and balanced debate. jenna: our soldiers on the battlefield may soon get help from these little nice. live demo of cool technology that could save lives. it is all "happening now." jenna: hi, everybody, glad you're with us today. i'm jenna lee. jon: i'm jon scott. right now mitt romney hopes to capitalize on the next big contest after his decisive win in illinois. a strong showing in louisiana where santorum is favored would be another big

boost to his campaign. the south has been tough territory foreromney with the the exception of florida. the big wins have gone to santorum and gingrich helping them keep in the race for the gop nomination. romney fares better nationally puts him ahead of by seven points. there is new evidence that romney support among conservatives is growing. chief washington correspondent james rosen is live for us now. >> reporter: good morning. it would be a stretch to describe the conservative feeling for mitt romney as a sudden swoon but the right wing does appear increasingly hospital pitable to him. derided sometimes as massachusetts moderate he managed to carry a 47% of the tea party supporters. romney also this week won the enendorsement at jeb bush. an activist at freedomworks, helped popularize the tea party and rallied members to

support romney, while not endorsing him acknowledged that he will likely win the gop nomination. that he deserves the support of anyone wanting to defeat president obama. >> we accept romney what he is. he made concessions, if you look at things he said today, you know he says he wants to repeal obamacare. he says he wants to reform government. he says, i mean i think he wants to do, he says he wants to do many of the things that we believe in. >> reporter: similar sentiment could be found early yesterday on redstate.com. the website of influential conservative blogger erick erickson while predicting santorum will win louisiana's primary on saturday went on to say, i quote. inevitable will set in. conservatives may not like mitt romney but they do not want a fractured party too week to beat barack obama. there will be no white knight, no dark horse, and no brokered convention. we have our nominee. other campaigns don't buy

into the inevitability. both santorum and gingrich gleefully branded etch-a-sketches yesterday. that the governor would remake to his candidacy that a child erases past images and draw new ones on the beloved toy. would not surprise you, jon and jenna, i was a child, etch-a-sketch da vinci. polaroids of my creations have been known to fetch $10,000 on ebay. i kid you not. jon: james rosen. jenna: we want to see the evidence. jon: still sell them, get a demo. >> links to follow. jon: thanks, james. >> take care. >> always ends with a little something, he surely does. jenna: that is a good thing. let's move onto this big story. new details emerging about the end of a tense 32-hour standoff between police and a french terror suspect. mohammed merah accused of

gunning down three people including a rabbi and three children. he starge ad dramatic last stand, firing wildly at officers before police shot him as he jumped out of the window. a lot of reports about the raid. greg palkot is love in toulouse about the raid. greg, what is the latest? >> reporter: hey, jenna. it is cold and rainy right now but it was dry this morning and that's when that siege ended. a noisy, bloody end to the siege that saw the death of self-proclaimed terrorist and killer, mohammed mehra. now what we heard through the night here in this area was sporadic gunfire and explosions throughout the night. this morning at 10:30 local french time it was very big. the police commandos bufring into bursts into the apartment of mohammed merah. according to police officials he shot back with 30 round to his automatic

pistol. the police commandos gave him that and more. 300 cartridges fired. including one shot, as you note directly to his head as he tried to climb out of his ground floor apartment window. he hit the ground according to officials dead. they wanted hill alive. they talked with him as we watched all through the night but when he went silent, when it looked like negotiations were going to fail, they went in. jenna. jenna: wow, that does sound like a dramatic end to what has truly been a tragic and horrible story out of france. we have learned a little bit more about him, mera had, the suspect because of this new amateur video. can you tell us a little more about that? report yeah. it is amazing video that really caught the imagination. the horror of french people. it aired on french television last night, one of the government channels and it shows merah apparently in a amateur video about 18 months ago, freewheeling and grinning in a car, doing spins around an

open, open tarmac. he used to work in a car repair shop and apparently this was a car from there. interestingly enough, jenna, french president nicolas sarkozy in his national tv address today at the conclusion of this raid talked a little bit to the profile of the now-dead gunman. he said that there would be a crackdown on those who use the internet to look at and to preach terror. those who go abroad to learn about, to study to be indoctrinated into terror and spread the message of terror in prisons. all three of those match up the profile of mohammed merah. a big sigh of relief we talked to people in the neighborhood. he is gone. this terrible chapter in french history is over as well. back to you. jenna: greg, real quick before i let you go, is there any indication he was part of a broader network?

would he be more categorizeds a lone wolf in this terrible shooting spree? >> reporter: they're talking about him more in the lone wolf category however his brother is in custody and his brother has been involved with islamic groups. they're looking further. they're checking phone logs and internet records to see if he had any other help. he was out of work. he was an ex-con and he had access to money. he had access to weapons. he had access to that famous motorcycle. so they will be looking at that harder. right now, principally the lone wolf theory is number one, jenna. jenna: lots of questions on this case. thanks, greg palkot for breaking news today. jon: hundreds of people are heading to florida for a massive rally for what they call justice after the shooting death last month of unarmed teenager trayvon martin. the reverend al sharpton expected to lead an event tonight in sanford calling

for the arrest of nabe hood watch captain george zimmerman the man who shot and killed the 17-year-old. zimmerman told police he shot tray van martin in self-defense. steve harrigan is live in miami. what are the latest legal developments in this case. >> reporter: there is pressure for the arrest of zimmerman and pressure to fire the police chief of san tarred. that. the town where the it took place. it is is a bush of 60,000 people just north of orlando. last night at a meeting of county commissioners they voted 3-2 to ask the police chief to step down. >> because of the situation being so poorly handled and because of his no confidence level in our police chief here locally and statewide, nationally, and even internationally, i would ask the chief to step down at this point. >> reporter: that vote of no

confidence is nonbinding. the city manager is the only one who can fire the police chief. he says for now he is waiting until the investigation is complete, jon. jon: there are more protests scheduled in the days ahead, steve. what is the mood like among those protesting? >> reporter: jon, the mood we've been able to see so far is one of real anger but also of nonviolence. anger and outrage continues to grow in part motivated by the fact that the shooter is not arrested. as a matter of fact for tonight's rally they have had to move it to a new location because they expect so many to turn out. last night in new york city the victim's mother spoke to supporters. >> i want you guys to stand up for justice and stand up for what's right. this is not about a black and white thing. this is about a right and wrong thing. >> reporter: this afternoon martin's parent are expected to meet with department of justice investigators. that investigation is expected to take several weeks. john, back to you. jon: steve harrigan live in florida. thank you, steve.

>> the countdown is on for the louisiana primary on saturday and polls show that rick santorum is ahead but that is not stopping one very prominent republican from suggesting it's time for santorum to think about getting out of the race. should he? we're going to have a fair and balanced debate on that coming up. also they're photographing new york city's biggest landmarks and not apparently as tourists the latest details on the nypd busting a few individuals they say are agents from iran. plus a whole lot of your tax dollars bailed them out. now new word mortgage giants freddie mac and fannie mae did something very questionable with your money.

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or trouble emptying your bladder, do not take vesicare. vesicare may cause allergic reactions that may be serious. if you experience swelling of the face, lips, throat or tongue, stop taking vesicare and get emergency help. tell your doctor right away if you have severe abdominal pain, or become constipated for three or more days. vesicare may cause blurred vision, so use caution while driving or doing unsafe tasks. common side effects are dry mouth, constipation, and indigestion. i've worked hard to get to where i am... and i've got better aces to go than always going to the bathroom. so take charge of your symptoms by talking to your doctor and go to vesicare.com for a free trial offer. jenna: chilling new information about the safety of new york city landmarks. the nypd is saying it has

interviewed more than a dozen people with ties to iran's government. this is since 2002, after they were caught conducting surveillance in the big apple. rick leventhal live in our new york city newsroom. they weren't just walking around taking beauty shots of brooklyn bridge, right? >> reporter: nypd claims it was a little more sinister than that. nypd claims new york is the number one target for terrorists in the world. they are revealing for the first time specific incidents what it calls reconnaissance by iranian agent of potential targets. that the group, hezbollah has ploonted roots here in position to strike. in testimony before congress the nypd director of intelligence analysis, mitchell silver, cited several cases security guards from the iranian mission and others with government ties were observed behaving suspiciously with cameras. some of the men were

expelled from the u.s. in one case several iranian men were seen filming the wall street heliport and on the structure. iranians were seen taking pictures of subway and train tracks and brooklyn bridges. it might seem snnt but nypd says there is reason for concern. >> in light of new york's symbolic importance as a terrorist target, its large jewish population, location israeli interests and status as one of the two outposts of irlanian diplomatic presence in the u.s. via the united nations mission the city remains the most likely venue for global tensions with iran to spill over on to american soil. >> reporter: silver also testified yesterday about several overseas attacks on western or jewish targets by people with alleged ties to iran and hezbollah in the last six months the nypd says all of this is forcing stepped up presence outside likely targets here in new york city, jenna. jenna: good to know they're preparing. still scary stuff there, rick. >> reporter: absolutely.

>> thank you very much, rick leventhal. jon: fannie mae and freddie mac are under the microscope again. the mortgage giants accused of quote, questionable spending after receiving a multibillion-dollar spending taxpayer bailout. rick folbaum is on the story. >> reporter: fannie mae and freddie mac are mortgage companies that get a lot of money from taxpayers. thee are the companies that needed $180 billion bailout to keep them up and running after the housing collapse. you would think they would be watching over every penny since they owe taxpayers so much cash. that is exactly why this report is infuriating so many people. fannie and freddie according to a government investigation spent hundreds of thousands of dollars they shouldn't have to sponsor a big industry conference back in october, 140 grand the price tag for that. money the inspector general says was not necessary, to wine and dine mortgage executives while at the conference. another $140,000. way more money than they needed according to this

report. this past january, fannie and freddie were told to stop spending money sponsoring conferences and rein in employee food expenses but that was after october's spending spree. we should note that fannie and freddie paid the government $36 billion in dividends since the bailout began. which is a start. but experts say the total cost of the bailouts could go as high as $311 billion by end of the 2014 depending how the housing market does. back to you. jon: rick folbaum, thank you. jenna: it is not just the white house up for grabs in november although easy to forget that, isn't it. plenty of seats inside the capitol are in play. on the senate side specifically several races could shakes things up and change the balance of power. larry sabato looks into his crystal ball and tells us what we might expect there. jon: get this. a live lobster vending machine let he is diners catch their own meal. one board of health is trying to get its claws into the thing. seafood showdown making waves. ♪ ♪

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jon: let's take you to cushing, oklahoma, right now. president obama is speaking about energy. notice the oil pipes in the background. that could figure into his speech. let's listen in so some of what the president has it say about his energy plan. >> thank you so much for your hospitality. it is wonderful to be here. yesterday i visited nevada and new mexico to talk about what we're calling an all of the above energy strategy. it's a strategy that will

keep us on track to further reduce our dependence on foreign oil, put more people back to work and ultimately help to curb this spike in gas prices that we're seeing year after year after year. so today i've come to cushing, an oil town. [cheers and applause] because producing more oil and gas here at home has been and will continue to be a critical part of an all of the above energy strategy. now, under my administration america is producing more oil today than at an time in the last eight years. over the --, that's important to know. [applause] over the last three years i've directed my administration to open up millions of acres for gas and oil exploration across 23 different states.

we're opening up more than 75% of our potential oil resources offshore. we have quadrupled number of operating rigs to a record high. we have added enough new oil and gas pipeline to encircle the earth and then some. so we are drilling all over the place, right now. that's not the challenge. that's not the problem. in fact the problem in a place like cushing is that we're actually producing so much oil and gas in places like north dakota and colorado, that we don't have enough pipeline transport capacity to transport all of it where it needs to go eventually to refineries and across the country and around the world there is a bottleneck right here because we can't get enough of the oil to our refineries

fast enough. if we could we would be able to increase our oil supplies at a time when they're needed as much as possible. right now a company called transcanada has applied to build a new pipeline to speed more oil from cushing to state of the art refineries down on the gulf coast and today i'm directing my administration to cut through the red tape, break through the bureaucrat hurdles and make this project a priority, to go ahead and get it done. [cheers and applause] now, you wouldn't know all this from listening to the television sets. [laughing] this whole issue of the keystone pipeline has generated obviously a lot of controversy and a lot of politics. and that's because the original route from canada into the united states was planned through an area in nebraska that supplies some drinking water for nearly two million americans and irrigation for a good

portion of america's crop lands. and nebraskans of all political stripes, including the republican governor there, raised some concerns about the safety and wisdom of that route. so to be extra careful that the construction of the pipeline in an area like that wouldn't put the health and the safety of the american people at risk, our experts said we need ad certain amount of time to review the project. unfortunately congress decided they wanted their own timeline. not the company. not the experts, but members of congress who decided this might be a fun political issue, decided to try to intervene and maybe it impossible for us to make an informed decision. so what we've said to the company is we're happy to review future permits and today we're making this new pipeline from cushing to the gulf a priority. so the southern leg of it, we're making a priority and

we're going to go ahead and get that done. the northern portion of it, we're going to have to review properly to make sure that the health around safety of the american people are protected. that is common sense. but the fact is that my administration has approved dozens of new oil and gas pipelines over the last three years, including one from canada. and as long as i'm president we're keep on encouraging oil he will development and infrastructure and we'll do it in a way that protects the health and safety of the american people. we don't have to choose between one or the other. we can do both. so -- [cheers and applause] so i just, you know, if you guys are talking to your friend, your neighbors, your coworkers, your aunts or uncles and they're wondering what is going on in terms of oil production, you just tell them, anybody who suggests that somehow we're suppressing domestic oil production isn't paying attention. they are not paying attention. [applause]

what you also need to tell them is anybody who says that just drilling more gas and more oil by itself will bring down gas prices tomorrow or the next day or even next year, they're also not paying attention. they're not playing it straight. because we are drilling more. we are producing more. but the fact is producing more oil at home isn't enough by itself to bring gas prices down. the reason is we've got an oil market that is global, that is worldwide. i've been saying for the last few weeks, i want everybody to understand this, we use 20% of the world's oil. we only produce 2% of the world's oil. even if we opened up every inch of the country, if i put a oil rig on the south lawn, if we had one right next to the washington monument, even if we drilled

every little bit of this great country of ours, we would still have to buy the rest of our needs from someplace else if we keep on using the same amount of energy, the same amount of oil. the price of oil will still be set by the global market. and that means every time there's tensions that rise in the middle east, which is what's happening right now, so will the price of gas. the main reason the gas prices are high right now is because people are worried about what is happening with iran. it doesn't have to do with domestic oil production. it has to do with the oil markets looking and saying, you know what? if something happens, there could be trouble and so we're going to price oil higher just in case. now that's not the future that we want. we don't want to be vulnerable to something that's happening on the other side of the world somehow affecting our economy, or hurting a lot of folks who have to drive to get to work. that's not the future i want for america.

that's not the future i want for our kid. i want us to control our own energy destiny. i want us to determine our own course. so, yes, we're going to keep on drilling. yes we're going to keep on emphasizing production. yes we're going to make sure that we can get oil to where it's needed. but, what we're also going to be doing, as part of an all of the above strategy, is looking at how we can continually improve the utilization of renewable energy sources, new clean energy sources, and how do we become more efficient in our use of energy. that means -- [applause] that means producing more biofuels, which can be great for our farmers and great for rural economies. it means for fuel-efficient cars. it means for solar power. it means more wind power, which by the way nearly tripled here in oklahoma over the past three years in part because of some of our

policies. we want every source of american-made energy. i don't want the energy jobs of tomorrow going to other countries. i want them here in the united states of america. and that's what an all of the above energy strategy is all about. that is how we break our dependence on foreign oil [applause] the good news we're already seeing progress. yesterday i went in nevada to the largest solar plant of its kind anywhere in the country. jenna: that is the president speaking in cushing, oklahoma. cushing, oklahoma, pardon me. energy policy, all of the above. he is talking about using oil and biofuels and whole host of other alternative energy sources to help fuel the nation. if you would like to watch more of the president you can do so at foxnews.com. jon: right now it is not just a high-stakes race for the presidency. there are plenty of other major contests that could affect the balance of power and the way things happen in washington next year especially in the united

states senate. here's a look at the current balance of power in that chamber. democrats right now hold a slight majority but not enough to break a filibuster that takes 60 votes. come november, a third of the senate seats will be up for grabs. looking no his crystal ball says our next guest says eight of the races are likely to have the biggest impact. larry sabato, director for the center of politics at the university of virginia. larry, you have looked at the races you think are most likely to be very tight and maybe even change hands, change the way the senate is made up. you say that montana and new mexico are most likely i think, if i read your analysis correctly, most likely to switch parties but it is not a net gain for either party? >> that's right, jon. look, let me put it this way. by the way, for all the junkies out there, the political junkies watching i think we have a real treat for you on the crystal ball today. all 33 races analyzed and

put into context. but there are eight toss-ups. without those eight, jon, it is a tide senate, 467 democrats, 46 republicans. so these eight seats really will determine control of the next senate. we think the most likely of these toss ups to turn republican is montana where senator jon tester, a freshman democrat, is running for re-election. why do we think that? there's a very strong republican candidate, congressman rehberg, we assume will be the nominee and the republican nominee for president will win a large majority in montana. it isn't going to be nearly as close as it was in 2008. on the other side you have new mexico where republicans have high hopes for former congresswoman heather wilson. she is a strong republican, but new mexico is very likely to go for president obama and that presidential coattail is going to make it difficult for her to win,

not impossible but difficult for her to win. so, we look at all eight and montana's the most likely to go republican. new mexico of the eight, the most likely to stay democratic. and then there are all kinds of gradations, shades of gray in between. jon: so if your count is correct, 46-46 pub, democrat, eight seats sort of on the bubble, no party is, even if one party swept all of these eight questionable seats, toss-up seats, no party is likely to come out of the senate with more than 54 seats? >> that's absolutely true. in fact i think the margin will be much closer than that. we could easily look at 51-49 or even 50-50 senate. i still give a tiny edge to the republicans to take control but i always say, what is control of the senate, jon? you need 60 reliable votes to run the senate which means you need more than 60 senators from your party to get 60 reliable votes.

no one is going to have anything close to 60 votes after november. but somebody will get the title of majority leader and somebody will get all those chairmanships. one of the parties. jon: there hasn't been a whole lot of action in the u.s. senate. maybe that is part of the reason they haven't passed a budget in three years. >> yes. jon: what about massachusetts. scott brown swept into office and took ted kennedy's old seat and surprised so many people. what are his prospects retaining that seat? >> it is a toss up. we think scott brown is relatively strong as incumbent. his problem is election day. i think he will lead most of the polls leading up to election day. he has to worry about the fact that president obama, even running against mitt romney, if he's the nominee, former governor of massachusetts, my guess it will be 60%% obama, 40% for romney. that is what the early polls certainly suggest. well that's a tough presidential coat stale.

-- coattail. brown will have to get a lot of crossover votes. he will have to have a lot of bay state residents say, i'm for president obama for re-election but i will also vote for scott brown. it is doable, particularly for brown who has been voting more moderately in the senate but it's tough. believe me, they know how tough it is. jon: those coattails, presidential coattails will be very important this time around. larry sabato, from the university of virginia. larry, thank you. >> thank you, jon. jenna: volkswagon on the road to becoming the largest automaker in the world. the german car giant sales weren't up 20% u.s. over the last year. the question is that translating into jobs? jonathan serrie is on the job hunt. he is live in chattanooga, tennessee, with this report. hi, jonathan. >> reporter: good morning to you, jenna. big news coming out of the volkswagon today. the company announcing 800 new jobs at this plant here

in chattanooga. volkswagon's billion dollar chattanooga plant already employs 2700. it has plenty of room for expansion. >> their sister brand audi talked about building cars in north america. it is not difficult to see how the future plays out. >> goodness is far more important than the outward appearance. >> reporter: in 1960s americans fell in love with the iconic vw beetle. with the '90s the company's one sizes fits all vehicles did not always speak the language of u.s. consumers. >> there is a word for this driving experience. >> historically vw brands had strong base in the u.s. more recently we lost our way. so this growth strategy for the u.s. has been about refocusing on the u.s. marketplace which is very, very important market globally. >> ♪ .

>> reporter: this darth vader super bowl ad for the new passat speaks to american consumers but so do design changes for the vehicles being built and sold her. >> for sure the car is little bigger than we would build it for europe. on the german autobahn you don't need any cup holders. >> reporter: the addition of 800 new jobs at this facility suggests the that the german automaker is an choiring an american accent. jenna, back to you. jenna: i was curious about your pronunciation of volkswagon. were you giving me a little bit of german at the beginning of this hit, jonathan? >> reporter: in the up throw it rubbed on me. volkswagon is getting an american accent and i'm acquiring a more european accent. jenna: appropriately so in chattanooga of all places. great report. >> reporter: thank you. jenna: thank you. jon: volkswagon. the right now the debate intensifies over narrowing the republican field as one

gop statesman has a suggestion for rick santorum. it is time to consider dropping out. that advice comes from former senator and presidential candidate bob dole. dole who is supporting mitt romney said he spoke from experience after staying in the 1988 nomination fight too long. dole also said that the delegate math makes santorum's chances of overtaking mitt romney difficult. dole says, santorum has quote, got a real problem, end quote, because he says romney will increase his delegate lead in every race. is it a valid argument? joining us for a fair and balanced debate, fox news political analyst, angela mcglowan and doug schoen, former foal sister for president clinton. angela, you worked at some time for senator dole. >> yes. jon: are his gospel to you? >> his words as gospel to me and advisor for bid against

old boss bill clinton i can say a man of great wisdom and great integrity and a man that can bring both sides together. surprisingly vice president biden, tom daschle, trent lott all agree with me. senator dole was honored here in washington, d.c. last night. if i were rick santorum i would take dole's advice. listen the republican party is a very loyal party. if you are a soldier for the party, for the establishment, they will support you later on. maybe it is not rick's time. jon: so, doug, what do you think about that? >> boy, i very much respect bob dole and jeb bush but i really disagree. less than half the delegates have been selected. rick santorum is leading in the polls in louisiana on saturday. leading in north carolina. and, you know, mitt romney has done well with upscale suburban, nonevangelical republicans but he hasn't demonstrated the breadth and depth of appeal necessary to the close the sale and i

would say, with only about 45% of republican voters or less supporting him, the fact that he has you know, 563 delegates or less than half he needs to get nominated suggests that the republicans should do what the democrats did. >> doug, i have to disagree with you because in the latest poll, 47% of tea party supporters supported mitt romney in illinois. he have freedomworks said they don't want this party divided. you also have red state say that mitt romney will be our nominee. now that is not an endorsement from freedom works or red state but the party is beginning to coalesce and senator dole was right. rick santorum has a tall hill to climb and i think right now the diversity with newt gingrich and rick santorum is actually hurting the party, not helping the party. >> better for voters to decide rather than inside the beltway elites to tell people what to do. democrats in 2008 had

president obama and hillary clinton have a spirited contest till june. hillary clinton is now obviously secretary of state. the they're working together well and hopefully the republicans will let this race play itself out and rick santorum will have a full chance to air his message across this country. i think that is best for our country and best for the republican party. jon: let me roll back the clock to 2008 on the day that mitt romney suspended his campaign for the republican nomination. let's take a look at the numbers as they stood back then. mitt romney had 20% of the delegates. here is what he said. if i fight on in my campaign all the way to the convention i would forestall the lawn of a national campaign and make it more likely that senator clinton or obama would win. that's why he dropped out of the race. at that point he had 20% of the delegates to john mccain's 64%. that is a bigger gap but is he not leading by example in that case four years ago, angela, getting out? >> he was leading by

example. and mitt romney is polling very well against obama and i don't think liberals want mitt romney to run against obama. mitt romney can pull, john, those independent votes. and i love rick santorum. i loved his fire, the fire in his belly but i don't think a strong, conservative can defeat barack obama in the fall. mitt romney is our best chance. jon: if doug schoen, the democratic pollster calls the romney campaign and says hang in there, i'm sure, the santorum campaign, i'm sure they will take that call. >> absolutely. jon: doug, angela, thank you both. >> thank you so much. >> thank you. jenna: charges could be announced today agains the american soldier accused of killing civilians in afghanistan. will he face the death penalty? what do we know about his defense strategy? we're going to go in depth next. there he is, gordon jones, poised at this moment

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jenna: new developments in the case against an american

soldier accused of a massacre in afghanistan. word that staff sergeant robert bales could be charged today. bales has not confessed to the march 11th killing of 16 afghan civilians, most of them women and children. so will he face the death penalty? and what do we know about a possible defense strategy? joining me now, neil puckett, military criminal defense attorney. he has been in the seat before for several high-profile cases. neil, where does this case go from here? will the death penalty be on the table? >> where it goes from here, jenna, he will be formally charged in the next few days. the next step will be an article 32 investigation hearing to determine whether there is sufficient evidence to warrant a court-martial. all signs seem to be pointing towards a death penalty authorized prosecution or capital case. jenna: let's talk about the evidence in this case. one of the curious things about evidence in this case as a journalist of this story how the story hasn't

changed since it broke on that sunday. a lot of times you get different reports and have to sift through them. this story has not change ad great deal. he is not admitting to the crime. what about evidence? what about eyewitnesses. >> how does that come into the case here? >> both the government and defense have been tight-lipped about what is available and that is probably because the full investigation has it been elise even to the defense yet. we don't know about the evidence but eyewitness testimony is traditionally very unreable. -- unreliable. much of the proof and manner of death will come from forensic evidence and that will be uphill battle in terms of proving how it was collected. whether or not it was disturbed before investigators got there and whether or not some of it may even be inadmissible at the court-martial. jenna: it will be interesting to see what we learn as we see more evidence in this case. it was interesting to note the only time in recent modern times that a servicemen has been been put to death was in 1961 he was accused and convicted of

raping an 11-year-old girl. since that time we have had servicemen face the death penalty and they have not been executed quite frankly. putting it that way. do you, what do you think about that? some have suggested even though the death penalty is available, that in some ways the military has gone soft, and gone soft on its own people. how do you see it? >> i don't think it has anything to do with the military going soft. the fact that there are several soldiers and marines on death row at this time means it is still a viable punishment under the military justice system but the appellate process for any death penalty case is very long and complex. sometimes those death penalty sentences are reversed due to procedural or evidentiary errors that are committed or violated at the court-martial. so it has nothing to do with being soft. jenna: some have suggested that. that is what i want to ask. some have actually tried in cases. we see that in civilian courts. someone gets the death penalty and does not go

through with that. kneel, we appreciate your expertise on this topic. >> you're welcome, jenna, check this out. they look like a cross between a circular saw blade and a child's toy. these little oddities are serious tools that could be a big help to our troops fighting in afghanistan. a live demonstration showing what the mini robots can do on the battlefield. ♪ .

jenna: new high-tech help for our troops in afghanistan as mini roberts been robots get ready to head into the battlefield.

it weighs two pounds. small enough to fit in a backpack. it is tossable allowing troops to throw it in come pat situations and use the robot to scope out what is behind a corner or around a wall and things like that. we have the head of military programs recon project. how did this project come about? >> the project came about from funding from the university of minnesota in order to develop a throwable, launchable device to help troops with situational awareness. jenna: run some of the video. it is interesting to see the video we have of the robot actually working. it is a little guy, and it is not very big. how duringable is it in? if i throw on top of the roof somewhere and it lands funny is it going to last? >> absolutely. it is designed to take repeated 30-foot drops on concrete. 120 foot lateral throws. pretty much as hard as you can throw it can take it and

take it over and over again. jenna: you were a marine sniper at one point in your career, different career as you served in the marines. can a gunshot take this oink out, enemy surprised by the robot to take it out? >> well, i would say, two things there. if you send it into a room or compound and somebody shoots the robot, somebody on your team is not bleeding because at the would have went in front of it without use of a robot. jenna: good point. >> the other thing is they're a pretty good shot. jenna: show us a little bit how it works. >> as you said it is recon scout xt throwbot. has a camera on the front. the ir illuminate tore on the top so we see in the dark. it is designed to be thrown. right itself when you drive it. see what the soldiers want to see inside a building or enclosure. allows them to look for booby-traps, trip wires, enemy combatants. whatever is in there and gives them the standoff to keep them save, save their

lives. jenna: you have pretty good armor? hold onto that one. you don't need to. it is a good reason for troops to play a little catch. do you want to throw it? can you throw it for us? >> absolutely. what we'll do give you a quick demo. i can toss it on to our compound here. and i just quickly drive it around a and if you see we've got a little , i.e. d placed in the corner there. and now, we can look and see what's going on inside that compound from a safe distance. jenna: that is pretty cool. how much does one of those little robots cost? >> we're looking to about $13,000 for the kit. jenna: wow, look at that. >> it is part of a complete system. so we can charge it off of a standard military battery. they don't have to plug it into a wall somewhere. we attach it, so light, we can attach it to a poll so i can take the poll, look over walls and peek around

without actually having to throw it in if i need to. it is even so light i can clip it on a bayonet of m-4 and m-16 to look around corners. >> very interesting invention and one used in battle. and some others at home are watching. might not be bad to have around the house. just in case you want to check out where everybody is. ernest, thank you so much. appreciate the look at that new robot. very fascinating appreciate it. thank you. >> thank you so much for having us. jon: our former troops coming up with great invention because of battlefield experience. jenna: good story. jon: republican presidential candidates getting ready for the louisiana primary on saturday. polls show rick santorum in the lead. mitt romney is hoping for a win down south. the latest on the campaign trail coming up. a rare up close view of a military chopper going down in afghanistan. this dramatic video and the story behind it, coming up. >> oh god.

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>> reporter: rick full palm in the control room, stories you will only see right here starting with chilling video of a home invasion in philadelphia. wait until you see what happened to this couple when they came home from work the other night. also down here, some brand new blood tests that could detect a heart attack. you've got to hear this, very important health news. and this woman, she tries to get out of jury duty, now she is facing felony charges. what was she up to? what was she thinking? we have that and breaking news as the second hour of "happening now" starts right now. jenna: hi, everybody, glad you're with us today, i'm jenna lee. jon: i'm jon scott. the nest contest for the republican nomination comes saturday in louisiana. jenna: the candidates are spread out across the united states. mitt romney is fund raising, rick santorum is in texas, and newt gingrich is in louisiana

meeting with supporters there. and with less than 48 hours until the battle for that state starts, there's a lot to talk about. especially when it comes to child's play on the campaign trail. we're going to explain that. fox news chief political correspondent carl cameron is live in louisiana. carl, james rosen said he was an amazing etch a sketch artist when he was young. i don't know if you have the same bragging rights or you want to explain why we're even talking about etch a sketch. [laughter] >> reporter: an epic lead-in. my toys are a little more 2012, blackberry and iphone, so i'll let james be the reigning champ of the etch a sketch. it hasn't helped mitt romney very much, and i think we'll have one delivered here to big al's seafood in about an hour when newt gingrich is coming here. he's been toting an etch a sketch since yesterday because of the controversy over the romney communication director's remark essentially stating what everybody knows, that

presidential campaigns do change when the nomination is clinched and the primaries are over and the general election begins. but it hasn't stopped rick santorum and newt gingrich from pounding mitt romney, using the child's toy as a metaphor for questions and criticism of whether or not romney's honesty, integrity and conservativism can be trusted after having been a governor of massachusetts when just six years ago he was pro-choice and talking about gay rights. it is a question that continues to dog mr. romney, notwithstanding the fact that he is leading in delegates, leading in state wins, leading in national polls. but not here in louisiana. the primary here in louisiana comes up on saturday. santorum's got a healthy lead and is expected to win. jenna: not to be overly obvious, but that's what the aide said, essentially, right? romney's aide said, you know, when we actually get to whoever the nominee is, you just shake it up and all these, you know, fights and things, issues goes away. is that essentially what he was

saying yesterday? >> reporter: well, i mean, eric's response, eric's explanation was that he was talking about the dynamics of the overall politics, that it wasn't a particular candidate's policies or a particular candidate's record, that the entire nation gets reset politically. attitudes change, issues change because instead of republicans arguing over conservative politics and the various different shades of gray they're in, it becomes a battle of left versus right ideas in the general election. it hasn't helped eric, and it hasn't helped mitt romney change the subject. there was, the subject was supposed to have been romney won illinois, and come into louisiana, has an opportunity to pull off a victory. rick santorum does have the lead in most of the polls. like a lot of these states that voted about mid way through the process, romney has shown momentum to mix things up. but romney the campaign is not spending money in louisiana. the super pac for him is. the romney campaign, the candidate himself will come here on friday, but he hasn't put in

a lot of effort, so the real question of what happens this weekend is whether or not santorum pulls off the win in louisiana, and that restores some of his momentum and some of the credibility of his argument that mitt romney is a wounded front runner who shouldn't be the nominee for an inability to coalesce conservatives around his candidacy. with newt gingrich out of the race, santorum's argument that he would be the sole conservative opponent to romney. santorum's down in texas. romney as a front runner often does has made a quick stop in washington, d.c. today to court both big g with op power -- gop power brokers and money. he's still raising money for the primaries which is an indication by the front runner that while he thinks he's going to win the nomination, his rivals aren't going away, and he's going to need more primary cash to put him away before the nomination process is over. jenna: not the first time that an analogy has been misinterpreted intentionally or otherwise -- >> reporter: it's hard to, it's really hard to resist.

[laughter] this whole campaign, jenna, has been, there's been a whole process wherein candidates have essentially made a cohesive argument with one phrase in the middle of it that sounds contrary to the point they're trying to make. and the opposition, in this case the democratic national committee and progress and a variety of special interest left-leaning groups, immediately took the quote and pumped it out across the country, casting it as a gaffe, as an image of romny's biggest weakness. the democratic take on that sort of out of context sound bite is what dominated yesterday's coverage. it doesn't make it a fair hit, but in the modern political world if a candidate misspeaks even a phrase, it'll be used against him out of context in web attacks, etc. , and that's what the romney campaign is arguing basically happened. a romney spokesman said, look, we've reached the point when candidates are waving children's toys instead of talking about the economy and international challenges. jenna: carl cameron sticking

with his blackberry in louisiana today. thank you very much. jon that comment sort of covered up some of the big endorsements mitt romney has gotten from people like jeb bush, the former florida governor, and even bob dole, the former presidential candidate. for a look at how the candidates are doing in the polls nationally, the real clear politics polling average shows romney leads the pack 36.1%. rick santorum about seven points behind him at 28.7. newt gingrich trails in third, 15.4%, and ron paul with 11%. tom bev vin is co-founder and executive editor of real clear politics.com. tom, those national numbers show a healthy lead for mitt romney, but right now the next big contest is louisiana, and that's a different story for him. >> that's right. there's a new poll out this morning showing santorum with a 12-point lead, and that comes on the heels of a poll taken, i think, on monday showing santorum with a double-digit lead. santorum's in good shape in louisiana, and as karl just

mentioned, romney's really not spending a lot of resources there, not really contesting that. he's focused more on the next set of primaries which are coming up on april 3rd which includes the district of columbia, maryland and wisconsin where at least in the first two contests he's positioned to do very well. jon: well, we just had up your real clear politics average from louisiana where, as you said, romney -- i'm sorry, santorum is in first place, and, you know, coming on the heels of this etch a sketch thing, another headline that says santorum wins, you know, a southern state. that's not going to be good for the romney campaign. >> no, exactly. i mean, the main thing about this etch a sketch gaffe yesterday is that it totally obliterated the news of, you know, romney's big win, double-digit, solid victory here in illinois, the jeb bush endorsement was all overwhelmed by talk of this etch a sketch is. romney had to come out last night and address it. it's probably it'll continue today and fold right into this, the louisiana primary on

saturday, and that will in itself generate another round of headlines that won't be favorable for romney, so it's a back and forth battle. jon: as carl pointed out, a lot of that is the work of democratic operatives, sending those storylines out to the media, and the media biting, right? >> well, the democrats certainly joined in, but the republicans, i mean, rick santorum and newt gingrich, it took them about an hour before they had etch a sketches in their hands on the stump. so democrats were happy to join in, but this one was, you know, primarily driven by his republican rivals. and, again, it's one of the things that it is -- you couldn't possibly stumble into a worse metaphor if you were the romney campaign than what eric did yesterday. you know, he was on tv, live tv answering questions, you've got to give him somewhat of a pass, he probably didn't even understand how bad it was going to be for the campaign, but it's been a rough 48 or 24 hours for him at least. jon: you've got pennsylvania and rick santorum, home state.

he's got a healthy lead there according to your real clear politics pollings. >> that's right. santorum's home state, he's got to perform well there. not a lot of polling in that state thus far. we should see some more and, perhaps, the romney folks are hoping that race tightens up, and there's also some issues with the delegate selection. santorum's had some issues with organization, not being able to field a full slate of delegates. he's got that problem in pennsylvania, so even if he wins there, he may come out with momentum, but he may not come out with delegates, and that's really what this game is about not even whether rick santorum can get to 1144, but it's more about whether santorum can prevent romney from getting to 1144 and throw the convention, make it a contested or brokered convention. jon: yeah. but despite the calls for santorum to get out of the race from people like bob dole, he's going to have the chance of a pretty good couple of weeks here coming up, and that would not maybe be so much incentive for him to do so.

tom bevan from realclearpolitics.com, thank you. >> thanks, jon. jenna: well, it was a dramatic end to a 32-hour standoff with an islamic extremist in france. the suspect who boasted of killing seven people in three shooting attacks jumped out a window with guns blazing. he was dead before hitting the ground, shot in the head by police. vivian walt is a foreign correspondent for time magazine, she's joining us in paris to tell us more about the story and the scene today. vivian? >> reporter: well, jenna, there was a very, very tense seen in toulouse this morning as the interior minister came out early this morning saying he didn't think that mohammed moorad was still alive. they'd had no contact with him, there was absolutely no word exchanged between the police and him since late yesterday, and at that point the police decided they ought to, basically, blast their way in. they were very aware that

mohammed moorad had threatened to kill whoever was trying to arrest hill. and so they went in thinking that he was perhaps dead, but, um, expecting the worse and, in fact, they did get the worst. and one of the specialist police that went in to the apartment said he had never seen such a gun battle in entering any kind of hostage or siege situation. jenna: real quick here, vivian, any indication that he was working alone or working with others? >> reporter: we have no idea at this point, and i think the details are going to start unraveling. um, the evening newspaper in france just came out with a very big profile of him describing a man, as they put it, a man with 100 faces, somebody who was a young party guy, a kind of their do well from the wrong side of town. he'd been picked up by the police several times for petty theft and so on. and then when he was about 18,

he spent 18 months in prison doing hard time for purse snatching, and people believe that is when he was recruited into the jihadi movement and later went to afghanistan. jenna: surely a lot more to the story as you allude to, and we're slowly starting to see now, vivian. thank you so much, vivian walt from time magazine joining us from paris. as we get more on the story, of course, we will bring it to you. jon: well, there is a possible break in the case of a montana teacher who disappeared while jogging. police think they have now found her body in a neighboring state. also, a new way to predict heart attacks perhaps before they happen. we'll tell you about the new blood test that could save your life. and rick is checking out what's hot on foxnews.com. >> reporter: jon, right now we want to get our viewers involved in a question you were discussing a little while ago. there is a growing chorus of

voices saying it's time for rick santorum to step aside and let mitt romney have a clear path to the nomination. what do you think? you can go online to the "happening now" home page at foxnews.com. we'll have more of your results and more politics and more of "happening now" after a quick break. don't go away. we're cracking down on medicare fraud.

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let's make medicare stronger for all of us. jon: just in, new concerns that our national security could depend on the world's supply of fresh water. an intelligence report predicting that international water shortages could give rise to new terrorist safe havens. chief intelligence correspondent catherine herridge has more on that from washington. catherine? >> reporter: thank you, jon, and good morning. this intelligence assessment was commissioned by hillary clinton at the height of the arab spring. its bottom line is that competition for water will drive instability in areas of the world that are key to u.s. national security. among those regions affected are north africa where the arab

spring dismantled dictatorships in tunisia, libya and egypt. north africa is already home to al-qaeda and the islamist that again, and while the countries most affected were not classified today, they include yemen, home to al-qaeda in the arabian peninsula. officials there believe the year of up rest that eventually threw out yemen's president weakened the country's already-fragile infrastructure bringing it closer to collapse. and the impact of water shortages extends to the broader middle east as nations battle for resources, instability grows creating a power vacuum that can be filled by extremist groups. the report reads in part: >> reporter: understanding where the world's water is running out is often a good predicter of where the next

trouble spot will surface a senior u.s. intelligence official told reporters that if u.s. does not take the lead, other nations will step in, and we may well lose our leverage in the region. jon: we think it's so simple, but it's so complex. >> reporter: such a good predicter of where you're going to see failed states and these future safe havens. jon: interesting. catherine herridge, thank you. >> reporter: you're welcome. jenna: new information that could be a major life jr. saver, a simple blood test that could show if you're on the verge of having a heart attack. dr. steven gardner is chairman of radiology at new york methodist hospital and also a specialist in emergency medicine. how does this work? >> you know, jenna, what happens is in the heart attack the blood vessels become blocked, and they become blocked because the vessels rupture and cause a blockage. these cells that cause this blockage float in the bloodstream as well, and for some reason we've never picked

up before. it was found that people having a heart attack have very abnormal blood cells floating in the bloodstream, and we can verify that, in fact, they are having a heart attack. jenna: we're saying this blood test could be a predicter, that a heart attack could be imminent. does that mean if i had the blood test and it showed i had these cells that i'd be having a heart attack, you know, within 24 or 48 hours or a heart attack within several weeks or months or a year? >> they're thinking about up to 30 days which is remarkable because women, for example, don't get typical symptoms. they get depressed, extreme depression and fatigue about 30 days before thai going to have the heart attack. -- they're going to have the heart attack. the trick is to make the diagnosis before you get it. this would give an opportunity to do this particularly for women or other groups that don't have typical chest pain. some people have angina or chest pain all the time, you don't know if it's a heart attack -- jenna: sure. you could see it'd be much easier to say, hey, listen, you might be on the verge of a heart attack, but even if you have that information, then what

exactly do you do about it? do you go home and just try to relax? what do you do with the information? >> then we might do an angie gram and try to open up the blockage because it's a pending blockage. we put the catheter in and actually dilate the area where it's narrowed and prevent the heart attack from occurring, so this is dramatic. this is not just telling you, okay, go home and wait. we can do something about it once we find it. jenna: how close are we to having this test available to all of us whether in an emergency room or doctor's office? >> the estimate is between one to two years which is dramatic. jenna: wow. >> you know, the way we pick it up in the emergency room is less than perfect. we're sending 20% home that are having heart attacks. that's a problem. jenna: that's amazing. 20% home. hopefully, i mean, a year or two years sounds like a pretty good time frame, the quicker the better, though, for something like this. dr. garner, thanks for joining us again. >> thanks, jenna. jon: critics are outraged over a

new policy by los angeles police, and it involves illegal immigrants. we'll explain what that battle's about next. and a terrifying home invasion caught on camera. a couple robbed at gunpoint. we'll have details on the search for the suspects. are you receiving a payout from a legal settlement or annuity over 10 or even 20 years? call imperial structured settlements. the experts at imperial can convert your long-term payout into a lump sum of cash today.

jon: right now, some new details in a brutal, unsolved home invasion robbery. masked criminals ambush a husband and wife outside their philadelphia house. the crime so terrifying the couple says they will never return to that home. rick folbaum has more. rick? >> reporter: imagine you are arriving back at home after a long day at work only to find a team of robbers waiting for yo when you get there. that's exactly what happened in northeast philly sunday night. they were ambushed by six or seven young thugs, all of it

caught on tape, and you can see them lead the man -- or you will in a moment -- they lead the husband into the house, but they leave his wife on the ground. she will be in between these two cars here. there is a scuffle with her while they empty out her pocketbook, then they force her onto her hands and knees, and they make her crawl to the front door of her own house with a gun to the back of her head. you can only imagine what's going through this woman's mind while all of this is going on. now, inside the house the robbers pistol whipped the husband, eventually they get him to hand over about $30,000 worth of cash and jewelry. police say the thieves knew the couple would be returning home from their business and they would have cash on them when they got there, and this was not the first time this couple has been robbed. police are looking for the suspects along with a chevy van believed to be their getaway car. they've released this video in hopes somebody will recognize who these thugs are. jon: pretty tough to see with

those hoodies on, isn't it? >> reporter: that's true. jon: rick, thank you. jenna: no green card, no license, apparently, it's no problem. los angeles police are deciding to stop impounding cars of illegal immigrants caught driving without a license. the move is angering critics who say there's a double standard, and that really ignores the law of the land. william la jeunesse is live from los angeles with more. >> reporter: jenna, current law requires police to impound your car for 30 days if caught driving without a license, but since illegal immigrants can't get a license, advocates say that law's unfair, and the cost of a thousand dollars to get your car back amount toss a loss of livelihood for millions who live here illegally. others say police are putting politics over public safety. >> doesn't matter to me who killed my son, what their nationality was, it was the fact that if law had been followed, he'd be alive today. >> reporter: don rosenberg lost his son to an unlicensed

driver. now he's furious that lapd will stop enforcing the law that says police must impound for 30 days the vehicle of any driver without a license. most of whom are illegal immigrants. >> oh, 100% political. >> reporter: over the objection of the police union and district attorney, lapd will ignore the law and allow drivers with no license to keep their car. >> we take the car away, and, you know, what have we accomplished? >> reporter: supporters of the police chief, charlie beck's decision, say the current law is unfair because current illegal immigrants in california can't get a license. >> a low income person doesn't have the ability to pay the fees after 30 days to get their car back. so, basically, we're just creating more punitive problems for them. >> by not impounding unlicensed drivers' cars, you endanger the z citizens of this state. >> reporter: opponents say unlicensed drivers are more

likely to drive drunk, cause fatal accidents and leave the scene. >> it's more important that people who are in the country illegally get to drive than it is of people who are here get to live. >> reporter: so the state says existing law now 20 years old has helped decrease fatalities and hit and runs. lapd, however, says the new policy will not apply to those who lost their license because of drinking or bad driving. jenna, opponents say leaving people on the road who don't speak english and have never passed a driver's test is negligence, the law was not followed. jenna: interesting story, and quite provocative to hear from that father. william, we'll continue to watch this, thank you. jon: a daring jailbreak plot busted. two men accused of scheming to set free a female inmate on death row. how authorities say they foiled this one. plus, a departing goldman sachs executive said clients were referred to as muppets.

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correspondent we could find, ashley webster, reporting from the fox business network. we're not talking about fraggle rock, we're not talking about that when we say muppets. >> i've been called a muppet. etf all been called a muppet. that goldman bloke through a wobbly. got into a strop and after barney left everybody gob smocked. jenna: that is not even english. >> that english. it is. name-calling goes there is lot worse than being called a muppet, believe me in the u.k. it means being an idiot and being stupid as opposed to kermit the frog or miss piggy. language differences aside it raises questions about the work e-mail and company image. investment bank goldman sachs is now scanning its internal e-mails, looking for the term muppet that is great, isn't it? and other evidence of employees refering to clients in less than kind ways. in the wake of the executive director greg smith who

resigned in the op-ed column in the "new york times" where he claimed that some goldman managers referred to clients as muppets in e-mails. the company conducting a review but not clear what actions if any goldman takes if that search turns up derogatory comments. for employers it is a tricky issue. how do you police language in company e-mails. in the case of goldman sachs, the great muppet caper dealt a blow to the company's reputation. goldman's consumer reputation rating at its lowest point since it was slapped with a huge fine by the securities & exchange commission back in 2010. as for employees who think the electronic mails are private, think again. in most cases it is not. company e-mail is just and the employer is allowed to review its contents, something jenna, we wouldn't do but others be warned, muppets and all. jenna: because muppet isn't that bad, maybe jon and i weave it into the broadcast every now and then. jon: gob smacked. >> that gob smacked.

jenna: ashley, thank you very much. >> thank you, jenna. cheers. jon: some new information on a jailbreak plot out of tennessee. authorities there busting an escape plan they say by the only woman on death row. now two men including a former prison guard are behind bars. anna couple man is live in the new york city newsroom with and the item. >> she is locked up for murder up until the recent easy cape plot. according to the tennessee bureau of investigation, a prison break plan was in the works and money changing hands but there was no imminent danger of a escape. 30 sir,-year-old pike remains behind bars. 22-year-old justin heflin and a frequent male guest of the pike, 34-year-old donald cahood are charged with bribery and conspiracy to

escape. she was sent to death in 1996 for slaying a vocational student. 18-year-old who was in love triangle with pike with her then boyfriend. they beat and slashed her neck and carved a pen at that gram into her chest. after bashing in her skull and police claim pike took a piece of her skull as a vuf near. the in a 1998 interview the her stepfather showed showed no concern for pike. >> i want her to fry. and, i want to be there. and if they give me the opportunity to pull the switch, i would gladly do it. and i won't even think twice about it. >> reporter: in that same fox documentary pike said she was terrified of being put to death. >> i can not pinpoint where i went off track and things just start falling apart.

how my life ended up like this. i still don't understand it. at all. >> reporter: christa pike remains on death row awaiting an excuse date. this is wild too. back in 2004 pike was convicted of attempted first agree murder for attempting to choke a fellow female inmate to death with a shoestring. jon: what a story. anna. thank you. for more on the case and charges that pike's alleged accomplices might face. ray central florida self is a criminal criminal defense attorney. is it easier to prosecute somebody in a case like this that is already locked up? >> i don't think the focus of the prosecution will be on her rather obviously the men she enlisted help to try to break free of the in jail. i think they have a very uphill battle. i mean obviously the defense of this case will be that it was just rhetoric. these guys were just talking. what is really the realistic

possibility of being able to break somebody out who is a death row inmate? jon: rachel, as susan said, as anna coy man said in that report, this woman seems to have the real ability to persuade men to do what she wants to do? >> absolutely. she is a total black widow. i think that is going to be a great defense for these gentlemen in this case. at this point it is unclear what concrete evidence the tennessee bureau's investigation actually obtained to have these gentlemen investigated. so at this point, jason is absolutely right. you're looking at just talking and it is going to be a very interesting case to see unfold. jon: the fact that she is accused of trying to kill another fellow female inmate during her time in prison that is not going to help her, is it, rachel. >> that will not help her. she is absolute disaster. she plays the victim from this interview from 1998. but she has a lifelong history of sociopathic and sick tendencis.

in 2004 she was the one that instigated apparently according to court documents she was the initial aggression sore in this 2004 attempted murder. i think she is a pretty nasty individual. >> jon, one thing i might add in terms of her culpability or responsibility, if she violated some type of prison rules communicating with the outside or offering money, presume they can take away some, whatever small amenities she does get in prison but in terms of out right prosecution against her for organizing her own supposed breakout from prison i think it is pretty unlikely. jon: i want to turn your attention to a very different kind of legal story. in denver, colorado, a woman named susan cole stands accused of perjury and attempting to influence a public servant because what she did when she showed up for jury duty. she shows up with makeup. lipstick smeared all over her mouth. hair were in curlers and socks mismatched. she told the judge she was

suffering from post-traumatic stress disorder. the problem is, maybe a year or so later, she called into a radio show and talked about how it was all a ruse. here is what she had to say. >> when they asked me about mental issues i got up and said, yeah i have some mental issues. and the judge said, does anybody care if she leaves? i put the lipstick on, i put it on so bad i looked like i didn't know how to put lipstick on. for two weeks my roommate thought about it and told my clients we would cry because we laughed so hard. jon: the problem is, the judge who had let her off of that jury pool was listening to that radio program. she's in a whole lot of trouble now. rachel? what do you say? >> well, i'll tell you, loose lips sink ships. this is a case in which this woman is now going to need a jury herself because she is on the hook for fourth degree felony perjury. but the issue here it is neither just nor fair to charge what apparently appears to be a pretty disturbed woman.

there is lot more to this story with with felony perjury when misdemeanor perjury. person most guilty was someone position in power had their ego bruised somebody might presented something they then believed. this woman didn't necessarily lie to the tribunal. she simply presented a picture they went, wait a second, we think this woman is crazy. as a defense lawyer i wouldn't want someone on my jury who doesn't want to be there. it serves neither justice or my client. jon: jason to call up and laugh about it and talk about how you mocked the legal system and really all of society, that's pretty appalling. >> i think so. whether she is charged with a felony or misdemeanor i don't think that ultimately makes a big difference. i think it is clear though that the prosecutors want to send a message. and that is you can not lie to get out of jury duty. our whole system of justice relies on the jury system. without it, our whole system is going to fall apart. she is making a mockery of the whole jury system. and the prosecutor has to

send a very strong message that you can not lie to get out of jury duty. nobody really, you know, enjoys getting that jury summons. people usually would rather not serve, but the bottom line is, it is your civic duty to do so. when you're answering questions put to you from a judge in a court of law, you have a responsibility to answer honestly and if you are caught lying, you're going it face the penaltis. it is the right thing to do. jon: mocking too, some of our brave troops who really come home with post-tramatic stress disorder. jason and rachel. thank you both. >> thank you. >> thank you. >> an apache helicopter crashing in afghanistan. the dramatic accident all caught on video. you want to see the rest of this as well, as the story behind it. plus california's effort to ease prison overcrowding and how it affects public safety. 

jenna: some new information on california's efforts to ease prison overcrowding. some are calling the plan a state-sanctioned prison break. claudia cowan is live in san francisco with more. claudia? >> reporter: jenna, california is under a court order to move 33,000 inmates out of the state's prison system to reduce overcrowding. governor jerry brown doesn't want to say he is releasing prisoners early. that is never popular. so he has come up with a new plan to shift responsibility for low level offenders back to the county, local pds and sheriff departments. problem many of those county jails are overcrowded too and having to release some of their criminals early. from celebrities like lindsey lohan who served just four hours of her sentence to felons who were back in jail after committing new crimes within days of getting out. critics are slamming the governor as being soft on crime and worse. >> the governor is nuts. he has committed political

malpractice that is going to threaten the safety, economically and the safety of every individual in the state through this reckless policy. and it ought to be repealed. >> reporter: critics point out governor brown had other options like housing state inmates in private detention centers. but california face as $9 billion deficit and prison officials argue realignment would actually save the state money down the road. >> county governments tend to run more efficiently. not as expensive to hire folks. we should see overall burden on the taxpayer come down. >> reporter: supporters also say that new methods of monitoring and rehabilitation will actually reduce crime from its current historical low. but, jenna, it is a strategy never tried on this scale before and california needs to shed another 15,000 inmates between now and next summer. jenna: there can be a difference between theory and reality. you have to wait and see on this story at least. thank you very much. claudia cowan in san francisco. >> reporter: you're welcome. >> if you're thinking about

buying a home or refinancing your mortgage better get a move on. we'll tell you why. plus why daydreaming can actually make you smarter. ♪ .

jon: we're getting our first look at a dramatic helicopter crash. the video taken in afghanistan shows an american a pooch chee chopper narrowly missing a building. it takes a turn and things go terribly wrong. the pilot loses control of the craft before crashing hard into a snow covered area. this was taken back in

february. fortunately no one on board was hurt. an investigation into what caused the crash is underway now. jenna: ever find yourself doing something like washing dishes or going for a run or something like that? and your mind is a million miles away? turns out day dream something actually good for your mind t can actually make you smarter, make you remember more. that is according to one study. we'll see what dr. manny thinks about it. dr. manny alvarez senior manager of fox health.com come. >> you have to stop the noise. this is the defining. this is not the first time this has been talked about. when we talk about why it is important for kids to get good night's sleep when they go to school, we want their mind to rest. a lot of people take naps. we see how good napping is for you. that is to make your mind rest. what you want to do, what is happening, your inner mind, your sub conscience, working

memory needs to relax and create the chemistry because all great creative ideas come from neurons and the buy lot of the brain, so if you try to suppress it with the noise. this is a perfect example as to why social media is going to kill us all. at the end of the day, the texting the computer, the ipad. you've got to let the mind wander and let it be. jenna: one report suggested that it is like fly paper. if you let your mind sit there, suddenly it will start trapping ideas. we will suddenly have the ah-ha moments. dr. manny if i put aside few hours a day to day dream which it work or has to be a natural wandering of the mind? >> listen, day dream something a common phrase we're using to describe the study but look at med meditation. meditation is sort of relaxation technique, a lot of people that work eight, 10 hours a day, take 15, 20

minutes, work hour and sit and meditate in a quiet place. don't let the noise --. jenna: do you do that, dr. manny before your hit were you sitting there taking it all in? >> listen, i do, especially when i get home and open that bottle of wine. you know how i like to meditate. look at the end of the day this is very important because it is important especially in the creative process. in the learning process i think that this says a lot. i think for teachers this is very important. to, to recognize that the, they can teach a lot but they need those little kids also to relax a little bit and let all that education really creative moments instead of sort of burning them out. jenna: i think about businesses too. you think about the headquarters at google or apple and they have all those areas where you can hang out and play ping-pong. jon and i have been trying to get a ping-pong table in here forever. maybe it would help us be creative. >> i don't know how much meditation you will do

playing ping -- i'm saying a quiet room. a zen moment. jenna: with the wine. with dr. manny. >> i'm old school. jenna: interesting study regardless and we'll let our mind wander and think about it during the commercial break. dr. manny. always nice to see you, sir. >> thank you. jenna: we'll be right back with more [ male announcer ] this is lois.

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jon: looking to buy a home or refinance? you might want to do it now. mortgage rates are creeping up. rick folbaum has more. >> reporter: it's true, jon, looks like the days of really, really cheap home loans are over, at least for now. the average 30-year fixed rate mortgage has jumped up above 4%, first time in more than three months. it's a pretty decent jump from where it was about a month ago when rates on a 30-year fixed loan were 3.87%. and as the economy improves slightly and the job market strengthens a bit, analysts say rates should continue to tick upward. but this does not mean that the housing market is strong. in fact, economists say it'll be

years before the housing market is completely healthy again. bottom line, rates are going up, jon. if you're still thinking of buying or refinancing a loan you already have, you may want to stop day dreaming and get on with it already. jon: sounds good. good advice. thank you. jenna: a good way to kind of wrap in the last segment. are you much of a day dreamer? jon: all the time. fast fast it's true. it's amazing we have the attention span to do the two hours, right? [laughter] you should see us during commercial break. jon: should have seen me when i was putting up fence in college. my mind was all over the place. jenna: i bet so. jon: all right. thank you for joining us today. jenna: "america live" starts right now. megyn: fox news alert, president obama now traveling to the last stop of his two-day energy tour on his way to talk about advanced research in a city where gas prices are up nearly 25 cents a gallon in just the past 48 hours. welc