to the aid of a friend, lid to a couple of felonies, dropped down to a misdemeanor. we all know anger management is a condition of all pretrial diversions, but he did specifically complete that. i almost invite you to read his record. there is good information in there as to how he acted and failed to overreact with some of the events that happened. but what he did do was use the court system to get an injunction against her. they stayed away from haoef ao*efp otheao*efeach other and nothing happened yet. and there was no criminal event, even though she called 911 and suggested some type of a about the raoefplt as far a battery, and that's it. this is a family of very short means. you've heard mom and dad testify that they are willing to assist by securing their house.

whatever we can accomplish we certainly will. i will tell you that i truly don't know the specifics of some fund that is out there that is not being administered by me. i don't know what the amount is, but when we look to the assets and financial picture of my tpaoeupbt we know client, we know, one, based upon the circumstances he will not be able to work in public in the future, so he will not be able to support himself. he has a wife that cannot work presently because she is in school. i'd ask you to consider a reasonable bond in the amount of $15,000 that will secure his appearance. there are other conditions, certainly with a case like this i'm also going to ask you to allow mr. zimmerman to leave the state. further, i'm going to ask that you maintain an extraordinary level of confidentiality and secrecy over his whereabouts, because of the potential danger that exists in this case. that can be accomplished by the use of a gps monitoring device.

i've been in touch with seminole county, i would have brought them but they will tell you stuff -- information that i know you already know, gps' are nationwide now, they are secure. we will know quickly if he noise in the location he is. he is not in the place where he is. we have surrendered his passport. there are i pose illegal which is to get out of the country but we have to look at what mr. zimmerman has done during the pendency of this. he has stayed in constant contact with florida law enforcement letting them know exactly what was going on and literally building a trust relationship with fdle such that when they said to come in, though the active warrant wasn't identified, and i don't fault fdle, they did exactly what they

should do to secure his safety, came in voluntarily and surrendered himself to law enforcement. he is well established in the community, ten years, though he cannot stay in this community. he had a job that he was doing quite well at for a longtime e. was able to support himself. and i must back up, you have no testimony concerning his employment, and i apologize. it can't be considered. but certainly when we look at this case i would suggest that mr. zimmerman's situation suggests a bond. and the inquiry concerning the probable cause affidavit was for that particular purpose. if the state is going to say to you that this is a second degree murder case, because i say it is, and that is what they present to you as evidence of second-degree murder, then i would ask that you consider the anti-arthur argument, which is

not only could the state not prove this case to the arthur standard that is proof of evidence and presumption great, but as of today you and i know now more about what happened or may not have happened that day, and i ask you to consider that in considering whether or not you'll allow a bond, and then the amount of it. >> thank you. mr. deleon. >> may it please the court. your honor, obviously we differ and i know the court may be at somewhat of a disadvantage because we haven't tried the case. in a way what occurred here maybe was an attempt by defense counsel to try to try it in terms of just the probable cause, but we obviously have much more than that. but our position is that the court should consider in terms of what he is facing, that is life in prison, and so it's a felony, a life felony, and that obviously makes it different than what he was before in terms

of when he was out. he wasn't charged with a crime in terms of his flight risk. you also have the fact that it is an unarmed 17-year-old boy. the court has to consider the fact itself. this young man was minding his own business, was not committing a crime. and i know we are not going to litigate the case in front of the court at this time but that is a factor in terms of you have an innocent young man whose life is no longer among us. his ties to the community, i don't know how good they are, quite frankly i think he's got a nice family, but you know, where is he going to stay if the court let's him out? will he be a threat to other people? quite frankly, some people may want to get at him, in fairness to him, in fairness to the defense. but our position is that you have a person, mr. zimmerman, who in the past has committed violent crimes. now it was minimized i guess by the fact he was allowed in some diversion program but it shows a lack of adhering to authority, which i think is an important

factor. the court is obviously the most authorize tiff figur authorize tiff figure in this case. you had a law enforcement officer that told him to abide by his commands and he defied that officer. you have a prior violent act and you have the consideration of the injunction. granted he did end up putting an injunction but he had prior violence in his past. it's not somebody who has never been in trouble with the law before. i think the court has to factor that in in terms of safety of the community. he has violence in the mast and obviously he commit thed crime committed this crime. or he's charged with commit th committing this crime. he still will be a dang tore the community, he should be kept on no bond or the bond should be a million dollars, quite frankly. we feel we've established at least probable cause, if not more, based on the facts.

what it boils down to is he shot somebody. now his defense is, which is an affirmative defense, which he's obligated to put, and which there is no evidence to the court of that right now, since the court obviously the defense chose not to ask mr. zimmerman about that nor was i able to inquire of him, quite frankly that is not before this court. the tprabgts before this court is you have a 17-year-old young man who was minding his own business and was walking home when he was confronted by the defendant who felt that mr. martin was committing a crime of some type. unfortunately he made the wrong assumption, that's why the word profile was used, that's the reason the word is there. and he confronted mr. zimmerman. i'm sorry he confronted mr. martin. why else would mr. martin want to confront mr. zimmerman? mr. martin was on his way home, minding his own business. if anything you could argue that the self-defense is really mr. martin trying to defend himself but i'm not here to august all the facts,

obviously. our contention, your honor, is that this is a serious crime and he should be held under no bond and if the court were to set a bond it should be a million dollars. >> anything further mark o'mara? >> i have numerous cases. >> the court is familiar with the court law. >> i ask you to consider the case law and make a determination. >> good things as practicing law in florida as a judge, a prosecutor and a defense attorney is we have a lot of experience. i don't think there are a lot of skwrurts diction has get the amount of cases, not this particular one, butt cases in general in the gym justice system. this is a very common-type hearing and we are all familiar with this type of hearing. it's a regular hearing but for the media involved in this particular case. and the circumstances associated with mr. zimmerman's record are something that the court and anybody who practices here in the central florida area is familiar with the situations that goes on at those

establishments on the ucf corridors is the way i'll describe it, i think that is the better way. we are familiar with those particular situations. it's i won't say a standard but it's a run-of-the-mill run in with the alcohol agencies at the library. they are fairly common. i'm familiar with though, even though it's in another jurisdiction. the injunction was somewhat mild compared to the inch juns i'm familiar with. really what this resolves about is the facts of this particular situation as presented to the court. what i'm going to do is i'm going to find that the motion is well-taken, i'm going to grant the motion, set bond in the amount of $150,000 with the following conditions. electronic monitoring, gps, i'm going to require the state and the defense to meet with the sheriff's department to accomplish it. that means that mr. zimmerman is not going to be released today, but i'm going to make sure that the state and dense can workout those assurances, then if we need a further hearing again to pre s*efr the secrecy and to establish safety, as long as the

state and defense can agree that is mine with me, and the sheriff's department agrees that's fine. if we can't we can have another meeting with respect to that. there is to be no contact directly or in directly with the victim's family, or through an intermediary in any way. there is to be no possession of firearms, be they rifles, shotguns, handguns, pistols, revolvers, any type of firearm or destructive device. no consumption of alcohol. a curfew from 7:00pm until 6:00am. he is to advice the monitoring supervisor and the sheriff's department as to his location every three days. are there any other special considerations the state wants me to invoke it? >> we would request that he, obviously his attorney has a right, have no contact with any of the witnesses in this case. >> in fairness to mahr r- to

o'mara he doesn't know who the witnesses are. that's between o'mara and his client how they are going to arrange that due to the facts of this particular situation. anything else you want me to consider. >> no urns. >> no use of controlled substances other than those licensed and prescribed by a doctor. >> i'm asking that mr. zimmerman be allowed to reside out of state. >> that's why i'm saying you need to talk with the state and you talk with the sheriff's department, work that out to see if it can be accomplished and then if there is further discussion you can bring it before me, okay in. >> yes, your honor. >> all right. there were some other issues. i think yesterday the press was somewhat concerned that we were holding a hearing outside of their presence i think by sreur you've the order i entered they saw what the purpose of that meeting was, it was purely for logistical purposes to figure out how to get mr. zimmerman dressed for the hearing and how to secure the appearance of the witnesses in a manner which preserved their safety.

the state has indicated that they are very concerned about that with with respect to that witnesses. the defense has indicated they are very concerned about that with respect to their witnesses. in light of that i am going to have to work and rely upon the state and defense to assist me as far as what to do with the court file because the media absolutely has a right to the court file. the state understands that, the defense understands that. at a preliminary hearing we need to work on getting that information to the media with a redacted version with regard to the names. i'll give you the final product so you can okay it before anything is released. if we can get that to the media as quickly as possible, we'll tentatively set a hearing for next friday at 9:00 to allow the media to go ahead and if they have any further concerns at this time they can go ahead and voice it then. if we can get that product to them it will alleviate a lot of the concerns they have of not being kept up to speed in allowing them to look at file.

>> i think quite frankly it doesn't trigger until i provide are o'mara discovery. there are some issues that both sides -- i know i will confer with mr. o'mara to not be public to the public knowing about, including statements, et cetera. i think we could address those with the court at a later date. >> i think what we could do there, mr. o'mara if you too can work it out if you think there is an area of concern you can approach the court by motion. and we can discuss it. what is in the file today, it's fairly thin. >> i apologize, i agree as to what is in the file right now. i apologize. >> i agree, that goal is good and we ned too get to it quickly. i have got even or received some notice of hearing that told me of a hearing before a circuit judge tuesday at 9:00 on motions filed by the media. >> i don't know about that. but i'm just telling you i'm more than happy to -- most of

the file consists of motion filed by the media. so you can look to your own files if you want to do that. i think the best way to get it is for me to work through this. give you the product, both of you, all the attorneys look at that, make sure i'm okay, get that to them as quickly as possible. fenn if they have any further concerns we can address it at that hearing on friday 9:00. >> we don't need to be here tuesday at 9:00. >> i'm not holding a hearing tuesday at 9:00. i still have a working division. i'm doing other trials. the state attorney's office has thousands of cases in duval county, you have an active practice. >> thank you. >> anything further from the state at this time. >> no, thank you, your honor. >> anything further from the defense at this time? >> no, thank you, your honor. jenna: a few big headlines out of sanford, florida today, a judge sets bail for pwoerpblg zimmerman, the man in the center of your screen there. $150,000. he will not be released today,

but he will be allowed to return home or maybe even leave the state. that is still up for determination. another big headline that aim south of this hearing is that george zimmerman apologizes to the martin family for the last of their son. phil keating is standing by in florida, and you watched this along with us, phil. what struck you most about what we just saw? >> reporter: well, number one, the state was asking for no bond, or if there was a bond a million dollars, something that absolutely would be financially unattainable for george zimmerman. his attorney asking for a very small amount, $15,000, and the judge, based on all of the circumstances here, going with $150,000 bond, that is most likely going to easily be met by george zimmerman, whose parents testified via telephone today for their own safety, that they would do everything they could, even though they are of very minimal financial means to put their house up as could he hrat

rafplt it does appear that george zimmerman at some point, it could be today, could be over the weekend, will make bond and walk out of the seminole county justice center. in that courtroom the parents of 17-year-old trayvon martin. sabrina fulton, and tracy martin, they looked very subdued. this was dramatic and intense for them, saying not a word as they walked into the courthouse, seeing for the first time in flesh and blood in that courtroom the man who pulled the trigger killing their son, although he claims it was absolutely develop severance, that hdefense, that he was being attacked by their son having his head smashed on the sidewalk. as george zimmerman surprisingly and dramatically took the stand on his own behalf at his own bond hearing, he basically issued a direct apologies to the parents of trayvon martin saying, i'm very sorry for the loss of your son, i did not intend to do it, i did not know whether he was armed or not, but

as far as the parents i am sad that they have lost their child. during that trayvon martin's mother looked away, did not look at him. tracy martin, the father of trayvon did look at george zimmerman, but by all accounts zimmerman and the family never made direct eye contact. back to you. jenna: i was curious about your sense of things on the ground there. the judge is leaving it up to law enforcement to determine whether or not george zimmerman can leave the state, that is something his attorney requested, leave the state with gps and keep his location confidential. from your sense of things on the ground there do you think that is something that law enforcement is entertaining at this time, that is even a possibility? >> reporter: well, it's all brand-new. requesting that your client out on bond be allowed to live in another state is certainly unusual. but the judge did impose, judge kenneth lester did impose some serious restrictions on simmer man. number one his passport was already surrendered this morning

at the beginning of the hearing. number two he has to have gps, an ankle bracelet on him at all times. he does not have the ability to drink alcohol. he has a curfew from 6:00pm to 6:00am. so his whereabouts and his contact with people, specifically the family, disallowed. very restricted by this judge. big question, though as you mentioned, martha, would he be allowed to live out of state pending the trial? we found out this morning that his wife, shelly zimmerman has been living out of state. jenna: very interesting, phil, thank you very much. phil keating live on the ground. more on the zimmerman case as we get it. rick: this fox news alert for you. a plane has crashed in pakistan. there are reports of at least 118 people dead. this was a boha air jet a commercial flight with 127 people on board. as we take a look at the map there it crashed right near the pakistani capitol.

the weather was not good. the plane went down only a few miles from the airport, and this is an airline that actually went out of business ten years ago. today was its maiden flight. it was trying to get back up and running. today was the first flight for this airline in ten years. as we take a look at these live pictures just coming in from the scene in pakistan, after this plane crash. i mentioned 127 people on board. they do not expect to find any survivors, but rescue teams on the ground, and you can see them there in that shot, have recovered the bodies so k far of 118 people. this was a commercial airliner with 127 people on board that went down right before the runway. they had flown the entire distance and was about to land in what we're told was very bad weather when something happened, something catastrophic happened and that plane went down.

we'll continue to follow the story and bring you more as we get it and we'll have more "happening now" right after this.

de. jenna: fox news alert, brand-new video coming into our newsroom of this plane crash in pakistan. we are getting a lot of different reports as to how many people were on this plane. we are getting a raining of numbers from 118 to 127 at this time. apparently a lot of bad weather in the area as this plane approached the airport right near islamabad and crashed into farmland. there is still no reports at this time of survivors. but it's still very early on. you can tell there from the scene this it's also dark. apparently there is a fire that is also trying to be extinguished at the time. certainly a devastating plane crash in pakistan today, more than a hundred people on board this passenger jet. as we get more video and more information we will bring that

to you. rick: fox news is america's election headquarters. right now new polling on a head-to-head stafp up between president obama and the presumptive nominee mitt romney. if the election was held today the president would beat governor romney by 6 points according to an nbc "wall street journal" poll. but the same people gave governor romney a six-point edge when it comes to the most important issue on voters' minds, how to improve the economy. romney also leads the president in the category of changing business as usual in the nation's capitol. fox news contributor karl rove is a former senior adviser and deputy chief of staff to president george w. bush. good to see you, karl. we know it's early, and the polls months before the election may not mean a whole lot. what do they mean to you? >> first of all let's look at the phre number of polls that

appeared since the 11th of april since rick santorum suspended his campaign. there have been 11 polls. he obama has led in six, romney in 4 and if you average all of those polls together 46.8 for obama, 45 for romney. that's an awful close start for this campaign given that romney has come through a tough prime air row that has left him battered and bruised. we are off to a very close start of what i think will be a tightly fought close general election. rick: it seems this mitt romney is going to win he's going to win because people think he's the one that knows how to fix the economy. >> i think that is right. the disapproval for president obama on the economy was at 59%, the highest they've had in their poll. one of the other polls that has come out since the april 11th withdrawal was pew, which had in it interesting date a. they talked about the groups that had fallen away from president obama, independents, older

voters, those with some college, catholics, and middle class voters who are making between 30 and $75,000 a year household income. those were the groups being affected. if you look inside those numbers you'll see a lot of people who are deeply concerned about the economy. the election is going to be about economy, jobs, deficit, debts, spending and healthcare but dominated by the economy. rick: what about the scandals, the gsa stuff, the secret service stuff, the pictures of the troops that the "l.a. times" published this web. does that rub off on the president in a negative way? >> some of it does and some of it doesn't. my gut tells me that the two-year-old photographs from afghanistan do not. it strikes me that the secret service probably does not. but the gsa does sort of represent what everybody this is is fundamentally wrong with washington, that they are elitist bureaucrats out of touch with ordinary americans and spending our money like they are literally on a drunken vacation at a las vegas resort, which i guess they were. i think you've got to be careful

about -- the biggest problem for the president is that it occupies time and it doesn't allow him to get his message out. we will be spepding days and days and days talking about either the afghan or the gsa or the secret service problems. rick: we mentioned some of your credentials in the introduction. what we didn't say is that you're the co-founder of american crossroads, this is one of those superpacs that is out there, a prorepublican superpac and we're going to hear i understand, according to reports from your organization later today that you guys have raised a hundred million dollars, that is a lot of cash. >> i'll leave it up to the organization to put out the news release but a hundred million is a lot of money, yes. rick: what will you do with that money. >> the money raised by american crossroads will be used to affect the out cox the general election. the money raised by crossroads gps will play an active role in discussion of republican issues in the united states. rick: for people who have been critical of super packs and the

citizens united decision from the supreme court, they don't like the amount of money that is being put into the system and how it's being put in, what do you say to them ph. >> i noticed that there was no such come even tear lee in 2000 when the naacp voter fund announced it accepted a 10e million dollars contribution to attack george w. bush. i don't remember them talking when americans come together, a super back in 2004 spent 130, $140 million to defeat george w. bush. i don't remember reading a new york times editorial, about groups having 501c4s accepting contributions a none news lee. i'm a little amused everybody is wired up because people like me on the center right have banded together to try to counter what the left has been tkoe doing

for a lot of years. rick: always good to see you. >> thanks for having me. jenna: this week is one where our top stories have included the secret service investigation in could he hrupl bee a the lavish spending by federal employees at the gsa and newly published photos of u.s. troops in afghanistan posing with the remains of terrorists. how are these three big stories playing out for the administration, impacting the president's re-election campaign? we just heard from karl rove. up next a fair & balanced debate. only $79.99 for a lucid by lg ?

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jenna: right now, they are not the topics the white house wants to discuss as the president swings into full re-election mode but three major distractions and they have been called distractions by the associated press, are forcing the administration to do just that, concentrate on them. first came the reports of lavish spending on the taxpayers dime by federal workers at gsa. then the secret service prostitution scandal which looks like it is far from over. the investigation continues. this week we also had photos published of u.s. troops in afghanistan posing with remains of terrorists. so how are these controversies taking a toll if at all on the president's message? monica crowley, radio talk show host. julie roginsky former communications director for former democratic senator, jon corzine the both are current fox news contributors. mom can, the president is not involved in any of these

stories directly. so how does it affect him one way or the other? >> you're right, none of the scandals directly affect obama but he was not directly involved in them. they hurt him to this extent. particularly issues of secret service and gsa sandal, because it points to this growing narrative that the american government, federal government in particular is so big and so unwieldy and so out of control, that now you have, more and more instances of this kind of abuse of power, this kind of corruption and frankly this kind of lack of respect for the taxpayer and taxpayer money. so to that extent because obama has provided over -- presided over this explosion in the growth of the federal government, i think he will end up taking some responsibility for these things or at least be held to account for some of these things. if romney is smart he will expand his narrative talking about the economy, talking about getting jock going and get this economy growing again. he will tie that into the fact that the federal

government and the growth of it has actually prevented economic growth from happening. and start to talk about protecting the taxpayer. jenna: so, julie, what do you think? if you could advise the president here, should he in many so cases take ownership, take responsibility and then clean house and own this success or better part coming out of some of these scandals? >> you have to give him credit. he absolutely taken ownership and fired people responsible at gsa the person ultimately in charge of the gsa. she is out. secret service agents, the ones that were immediately culpable they were fired and investigation is ongoing. this is not somebody who will stand by as mitt romney has, supporters of his like ted rundgren, trying to have it both ways. he sees something wrong he addressed it and these people are out of there. this will affect same extent as gsa scandal under george bush affected former president, did not affect him at all. every administration has scandals. the question do the scandals reach into the west wing.

none of these has? that let me finish, that is what is important here, that none of these scandals are directly tied into anybody in the president's ininner circle, to the president himself. in terms what happens in our vast government bureaucracy, this happens under republicans, democrats. george bush --. jenna: you're hitting on point i like to move to, which bring even higher level of conversation out of the partisanship. one pollster in the associated press says this. he says it makes a point not really attached to one politician from other, such falls from grace speaking of scandals, may be damaging to democracy but maybe not damaging to politician but damaging, monica, to our country overall. how do we fix that. >> julie is right to this extent we've seen these type of scandals blow up again, regardless who is president and which party controls congress, now because the national debt is so huge, 16 trillion. because this president added

5 trillion dollars to it, because he added to explosive growth of government. it has more traction with the american people. especially remember the gsa scandal exploded around tax time when people writing huge checks to the government why am i say paying to so much in federal income to have the head of gsa go to vegas and multiple times and hire clowns and mind readers this has attraction to the american voters because they believe there government is so big, jenna, and so bloated and frankly so soft. jenna: julie to combat that when i the president stands for hope and change which he ran in 2008, how does he keep the hope in? >> he is standing around. not listening to that perspective. listen the minute the story broke heads rolled. i have to give him credit for that. a lot of other politicians, come back to mitt romney, mitt romney has covered time and time and tile again. covered for rush limbaugh. wouldn't address that issue.

covered for ted rundgren. tries to have it both ways. tries to give the president credit. sees wrongdoing, people are out of there. you can't expect anything better than that. jenna: cynicism is hard to quantify. we'll have to talk about more as we move closer to this election and voting day. monica, julie, nice to have you both. good to see you. thank you very much. >> you bet. rick: right now it looks like the main issue for voters in the 2012 election will be the economy. there is a new poll finding 38% of americans think they would do worse economically if president obama is reelected. 40% of parents say they have gone and changed their expectations of kind of college they will be able to afford to send their kids to one day. while 61% say the country is on the wrong track. and 47% say the future of the next generation will be worse than this current one. paul gigot, editorial page editor of "the wall street journal" he is is joining us now. finally polls show good news for governor romney. he had to look at poll

numbers showing the president doing very well with women. the president doing very well with latinos but this is very favorable. >> if you look at polls overall, look at averages this is pretty close to a dead-heat. president at most is couple points ahead. some a little wider. romney's ahead in one or two. but a very close election. the romney's advantage in this election right now is opening is the economy. rick: six points according to that "wall street journal"-nbc poll. we mentioned top 40 to 34, people think that romney has better ideas the way to fix the economy than the president. >> 33% in one poll think the economy is moving in the right direction. only 33%. only 16% of that survey think their own personal economic circumstances are moving in the right direction. when you have those numbers, it is very tough for an incumbent to make the case that his policies have worked, things are moving in the right direction. so what i think you're going to see is the president will have to turn the conversation away from his record and his performance and he is going to attack

romney and say he will take us back to the previous decade. he didn't have the right answers. attack him personally. rick: when i read through all of those different numbers that we told you some of them, the thing that jumped out at me most was that right-wrong track with which we hear every presidential cycle that is a lot of experts say that is the number one determinant how people are going to vote. 60% of the people asked in that "new york times"-"cbs poll" said the country is on the wrong track. >> that is bad for incumbent. president obama leads on personal characteristics. people like him personally. he does better on that score than mitt romney does. in part because a lot of people don't know mitt romney. they think he is a rich guy who may not have a lot of personal empathy for their story. on the other hand, people really are looking for answers on economy. and if romney can make the case that he has the better answers, after 3 1/2 years

where the current incumbent has not, that is where he has a chance to beat the president. rick: paul gigot, always good to talk to you. thanks very much. be sure to catch paul this weekend when he hosts the "journal editorial report". that is saturday 2:00 p.m. eastern time right here on fox news channel. jenna? jenna: rick, new concerns about drugs in the military today. army documents showing dozens of u.s. soldiers working in afghanistan are under investigation for possessing or dealing drugs like heroin. we're going to talk a little bit who the suspected supplier is. as the secret service sex scandal unfolds we're learning one of the agents out of a job is already planning to fight back with a lawsuit. what are his legal rights? we're going to talk more about this right after the break. [ male announcer ] drinking a smoothie with no vegetable nutrition?

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rick: brand new stories coming up in the next hour of "happening now." iranian hostages spent over 400 days in captivity. the united states is compensating them but iran is not. and now they're trying to take tehran to court to get some money. we'll talk about it. growing concerns over a nuclear plant out on the west coast. why energy officials are warning of rolling blackouts this coming summer. plus senator orrin hatch facing a very tough re-election fight. how members of his own party could give him the boot at the republican convention tomorrow in utah. jenna: right now, a lot of new information on that secret service sex scandal. one of the agents accused of misconduct and forced out of his job as we know it is reportedly planning to sue. we're also learning this. as alleged pictures surface of one of the women, some say prostitute. she says she is an escort, surfaces, apparently this woman, the main woman

involved. this all happened at a hotel in colombia right before the president's visit. 11 agents are under investigation. three are out of a job. the others are on administrative leave. and lawmakers are now saying more heads have to roll. what about this lawsuit? is there a case to be made on behalf of the one of the agents that is out of a job? joining us now, rebecca rose woodland a criminal defense attorney, and joey jackson, former prosecutor and criminal defense attorney the welcome to you both. rebecca, why is lawsuit? possible? >> not to me. you're a secret service agent. you take an oath to go and protect 24 hours a day, seven days a week when you are on the job. they, these men, who allegedly used prostitutes or escorts, you know for sure the women were in the hotel rooms. that is a severe breach of security and the government has the absolute right, absolute right to discharge them money potential breach

because they are protecting the highest levels in our country, no matter, you like or dislike obama. he is our president. and we can not have our national security breach at any level. jenna: joey, to rebecca's point, sounds at very least unprofessional. if you're unprofessional, moat of the time you could be asked to leave the job or be fired or retired. >> sure. jenna: do they have any sort of a case? >> let me say this i understand rebecca's outrage and she should be and we're all outraged. this has to be kept in perspective. this is agency been around for 90 years. they have done a very effective job in protecting the president and serving very admirably under most extraordinary circumstances. i don't think a dozen, less than a dozen members who engage in inappropriate conduct should scar that at all. i also think there is matter of due process. let's not jump to conclusion. there should be investigation. i'm not condoning what they did. but in colombia the fact they did is legal. rebecca is right.

they serve for 24 hours and they need to do their job and keep focused on that. there were no laws broken. if they're part of the united states they should get due process rights. jenna: if you're taking case on behalf of the secret service agents. who are you suing? what is the case? >> i think they're looking at their jobs. what they're suggesting there is gross overreaction. they at least, what, in any instance, jenna, what has to be looked at is totalitity of the record. don't look what i did yesterday but look at all admirable service i performed if you get rid of me do so for just cause and allow whatever penaltily meted out to be proportionate to the crime that is committed. when i say crime i mean that figuratively. there is proportionality what they did is improper but worth losing your job over this? jenna: final thought, figuratively a crime in colombia is crime here. to joey's point, joey, valid point. quick final thought. >> it is a crime here, not a

crime this colombia. that doesn't matter. 24 hours a day, seven days a week they're there for protection. the government and agencies, there has been investigations. they have determined these men put national security at risk. end of story. >> no one was hurt. >> doesn't matter. >> no one was hurt or injured or placed in harm's way. >> i've seen james bond movies. if one of these girls was operative. could have gotten president obama's schedule. you never know. >> we know what james bond has been up to, come on. jenna: we'll leave it there. interesting reference and gives as you lot to think about as we watch the story develop. rebecca, joey, thanks. rick: when we come back, remember the miracle on the hudson? of course you do. the a bird striking the plane forcing captain sully to make the remarkable landing in the hudson river on the west side of manhattan? well, now a new emergency landing.

for the very same reason. more of this incredible video and the backstory coming up. >> well, i feel very happy and very fortunate that, they're all here right now. because it was really scary for a minute. 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.

rick: delta flight forced to make an emergency landing at jfk airport after a flock of birds hit the jet's right engine shortly after takeoff yesterday. david lee miller live in our new york newsroom with more. david? david? >> reporter: rick, delta flight 10:30 six from los angeles to jfk lasted only 25 minutes. before the aircraft was forced to make an emergency

landing. a flock of birds hit engine on the right side a passenger was coincidentally recording takeoff when the birds flew by. the plane was less than 1,000 feet in the air when it took place. the passengers said the plane shook and cabin filled with smoke. here is part of the conversation with air traffic control. >> delta 106 has engine failure on right engine declaring emergency due to bird strike. >> go in visually. >> delta 1063, that would be great. let you know our stats for delta 1063. we have 179 souls on board. >> reporter: number of planes colliding with birds and other wildlife is on the rise. last year there were 10,000 such incidents compared with only 1793 in 1990. experts say there are a few reasons to the spike. due to conservation there

sin crease in bird population there is increase it aviation. quieter planes don't scare wildlife. that is part of the problem. and better reporting. that is one reason we're hearing more about these incidents. bird strikes that might have been ignored in the past are now reported simply greater awareness of the problem especially after in 2009 a us airways flight hit a flock of geese and landed in the hudson river. we all remember that. while there were no injuries yesterday, since 1988, 219 people have been killed because of aircraft colliding with birds and other wildlife. rick, there is also economic cost to all this. they say each year the costs more than $600 million. back to you. rick: wow! david lee miller in the newsroom. david, thanks so much. jenna: well our space shuttles may be retired but astronauts aboard the international space station still need food and supplies and that's where this russian booster comes in. the unmanned freighter, blasted off from a launch base in kazakhstan, easy

enough for me to say. kazakhstan, ferrying nearly three tons of supplies to the space stays. this is the second of five cargo deliverly missions to the station for 2012. russia plans three more launches in july, november and december. you were supposed to see video but we'll keep that a mystery for you. we'll try to get that. the balance of power in washington at stake as we get colorser to the november elections. a look at the house and senate races. the fbi searching a manhattan basement for etan patz. a 6-year-old boy's disappearance in 1979 sparked a effort to keep children safe. we have the same forensic pathologist, michael ad baden on this case back in 1979 live with us next hour [ male announcer ] a car is either luxury or it isn't.

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it's complete luxury in a class full of compromises. you wouldn't want your doctor doing your job. so why are you doing his? only your doctor can determine if your persistent heartburn is actually something more serious... like acid reflux disease. over time, stomach acid can damage the lining of your esophagus. for many, prescription nexium not only provides 24-hour heartburn relief, but can also help heal acid related erosions in the lining of your esophagus. talk to your doctor about the risk for osteoporosis-related bone fractures and low magnesium levels with long-term use of nexium. possible side effects include headache, diarrhea and abdominal pain. other serious stomach conditions may still exist. let your doctor do his job, and you do yours. ask if nexium is right for you. if you can't afford your medication, astrazeneca may be able to help. rick: brand new and breaking, in the second hour of "happening now," americans held hostage in iran nearly three decades ago

making a brand new push for justice. the lawsuit their launching against the islamic republic, and their chances of getting justice. also, millions of gallons of crude oil coating the ocean floors and beaches of the gulf, that was two years ago, and now the company legally responsible taking journalists on a tour of the region. we have a progress report of the recovery going on in that part of the country. and a boy vanishes on his way to school back in 1979. brand new information that has the fbi re-examining that case. we've got it for you. jenna: glad you're with us on this friday, everybody, i'm jenna lee, and welcome to another hour of "happening now". rick: and i'm rick folbaum in for jon scott. mitt romney set to speak in arizona to a gathering of state gop chairs, an event that gives the governor a chance to thank those who have been with him since the beginning of his

campaign, and it also helps him to solidify his support among the party faithful as the romney camp gears up for the election. jenna: gears up for november to be sure, but presumptive or not, mr. romney still needs some 459 delegates to reach the 1,144 delegates needed to cinch the nomination. with his main challenger, rick santorum, out it is just a question of when romney reaches that magic number. chief political correspondent carl cameron is live from scottsdale, arizona, with more for us today. carl, tell us a little about this event. >> reporter: well, it's a very big deal. symbolically, romney is all but certain presidential nominee today will have an opportunity to talk to some of the most enfliewn cial and powerful -- influential and powerful republicans in the state. the state chairmen have their fin ors on the button in the every single state, and there's tremendous enthusiasm for him here. they are very, very eager to get the general election race

against president obama underway, and today there will be something of a symbolic handoff. john mccain, who's endorsed romney, will today sort of hand the reins over to him having opinion the '08 republican presidential nominee. this is an opportunity for him to introduce romney in front of the rnc state chairmen today. yesterday he was in ohio, and romney as he has been consistently since rick santorum dropped out of the race focused all of his around artillery at barack obama with an economic attack. listen. >> if you want to know where his vision leads, open your eyes. because we've been living it for the last three years. it leads to lost jobs, lost homes, lost dreams. it's time to end that vision and have a vision of growth and jobs and economic vitality. [cheers and applause] >> reporter: and so here we are in scottsdale, arizona. arizona, of course, the hometown, home state of john mccain, the 2008 nominee. so by introducing romney today notwithstanding his pre-existing

endorsement, it's meant to be a signal that now though he has not clinched the 1144 delegates necessary to be the official nominee, and that won't happen until, ultimately, the convention in tampa later this somewhere, romney will tell people that it's time for them to listen to john mccain and he's the standard bearer for 2012. jenna: carl, thank you very much, live from arizona today. rick: speaking of presidential campaign money, of course, is very important. mitt romney's camp saying they have $10 million in the bank and a campaign release of their march fund raising totals, romney raised $12.6 million last month, but president obama still maintains a huge cash advantage. working with the democratic national committee, the president raised $52 million in march and reportedly has $85 million on hand. jenna: as the white house race heats up, so does talk about potential vice presidential

candidates. one man is the man on your screen, florida senator marco rubio. he says he'd turn down the job if asked, but at a funny moment yesterday he seemed to slip up. >> if i do a good job as vice president -- i'm sorry -- [laughter] >> you guys all got that, right? >> as a senator instead of a vice president, i'll have a chance to do, i'll have a chance to do all sorts of things. [laughter] jenna: it can happen to the best of us, right? senator rubio went on to say that he wants to stay in congress and reach out to hispanic voters on behalf of the republicans this election season, but a pretty interesting moment, no less. rick: an honest mistake. jenna: an honest mistake. rick: a prominent republican senator with a distinguished career may be in for the political fight of his life within his own party. orrin hatch, first elected in 1976, he has been considered for the supreme court, but his

re-election bid may be derailed by critics on his right. alicia acuna is live with more, and she joins us now. >> reporter: recent polling shows that senator orrin hatch is outpacing his republican rivals. however, the state of utah nominates its candidates through a system unlike any oh in the country, and it's a system that could leave hatch vulnerable in tomorrow's gop nominating convention in his state. so the senator says he's being cautiously optimistic. >> anybody who knows me knows i'm a fighter. >> reporter: six-term u.s. senator and former boxer orrin hatch is fighting to avoid the fate of former utah senator bob bennett who despite one of the most conservative voting records in congress was ousted in 2010 by enraged voters and tea party favorite, now-senator mike lee. >> they're angry because obamacare had just been passed, and so they flooded the caucus meetings, and we had a very angry electorate who wanted blood on almost all incumbents.

>> reporter: utah's election system is the only one in the country where new candidates as well as incumbents only earn the right to compete by garnering a high percentage of the vote at both caucuses and state convention n. 2010 when moderate republicans stayed home, caucus goers ended senator bennett's career. >> you can almost have a u.s. senator or governor elect inside utah with fewer people than would elect a student body president at a high school. >> reporter: when pundit chatter began to predict his political demise, hatch began a campaign to fill the caucuses with a friendlier crowd, something his competitors noticed. >> senator hatch, i have to admit, did a marvelous job in staffing the caucuses. >> we've had 49 new senators take office since 2005. there is a youth movement in the senate. >> reporter: senator hatch tells fox that, rick, he's a tough old bird and says he can take the heat. he's also winning the money game in terms of campaign fundraising which, of course, is no surprise. back to you.

rick: that vote tomorrow, we'll be watching. alicia, thanks. jenna: speaking of heat, new concerns over a nuclear power plant in southern california. right now it's experiencing its longest outage in history, and some energy officials are warning of rolling blackouts this summer if a heat wave hits and the plant stays dark. adam houseley has more on this. >> reporter: the nuclear power plant between los angeles and san diego, it comes as we hear one reactor was shut down near philadelphia because of an issue there. and every time there's any issue with any nuclear plant anywhere in the country, of course, it does fuel the fire for those opposed to nuclear energy. you talked about back on january 31st the plant was shut down. they have two reactors still working there. one was under routine maintenance, and the other sprung a leak, basically. since that time, there has been no power coming out of this plant whatsoever. we had a chance to talk with the chief nuclear officer about what's going on right now, and

here's what he had to say. >> we've got inspection equipment installed in all four of our steam generator ors, we're conducting testing, installing repair equipment in those steam generators, and most specifically, our operators continue to safely monitor the plant, our security force continues to make sure we're safe and secure here. >> reporter: now, once again they hope to get one or both of those back on the first part of the summer, but those opposed to nuclear energy including groups nearby this power plant, they say this plant needs to be shut down. they haven't been told all the proper information that's been coming out of there. they question whether the security is good, they have a lot of concerns, and they want this thing to go away. we had a chance to talk with them, and they say they weren't really told the entire truth of what happened back on january 31st. >> we were very close to a catastrophe. what could happen instead of tubes leaking that are thin and worn, they can burst, and there are thousands of them side by

side, and it's very pressurized environment. one goes, and the ones next to it are going to start cascading effect like dominoes. >> reporter: now, of course, the nuclear regulatory commission has to sign off before the plant comes back online. the plant says, no way, the security concerns that those opposing the plant have said, that never could have happened, there were, obviously, plans in place to insure safety and security. now, jenna, the big question comes when the heat this summer hits california. if there are any other issues, california could be in a situation where we don't have enough power. we saw what happened about 12 year ago with the rolling brownouts, and that's what some people are worried about may happen if plant does not come back online. jenna: that's a pretty serious situation. we'll continue to watch the story, adam, thank you. rick: quick break, and then the balance of power in washington with more than the white house at stake in november, which party has the edge in controlling the house and the senate? larry sabato has his crystal

ball, and he'll join us coming up next. plus, a mystery that still tugs at americans more than 30 years later. a little boy walking to his school bus stop vanishing without a trace, and now police could be on the verge of the biggest break they've had in the search for aton pates. dr. michael baden on what police are digging for in a basement in new york city. they're digging as we speak, and we'll talk to the doctor about it coming up next. content to i, we'll contin to innovate. the lexus rx. why settle for a copy when you can own the original? see your lexus dealer. i'm here to unleash my inner cowboy. instead i g heartburn. [ horse neighs ] hold up partner. prilos isn't for fast relief. try alka-seltzer. it kills heartburn fast. yeehaw!

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jenna: well, the search resuming for aton pates, he's more than 30 years -- this is more than 30 years after this little boy vanished. new york city police and the fbi scouring the manhattan basement in search of a 6-year-old's remains. aton disappeared in 1979. he was walking to his school bus stop when he vanished. he was the first little boy, little child even, to have his photo put on a milk carton launching a nationwide effort to keep children safe.

rick leventhal is live with more on this, and day two of the search, what's the latest? >> reporter: well, the fbi evidence response team is on scene here the second day, and they've brought in a couple of dumpsters that they've parked on prince street behind me so that when they bring out the rubble from the concrete in the basement as they jackhammer through the floor, they can process it out here and store it in these dumpsters. the rubble and then the dirt will follow. yesterday they were in there all day long carefully documenting, cataloging, photographing and then collecting whatever was down in that basement. we're told this wasn't much furniture, but there were book shelves on the wall, and everything that was in that room had to be absolutely examined and catalogs and then collected before they could begin the process of what they're doing today which is digging through the floor to see if they can find any clothing, any other evidence or, perhaps, skeletal remains. jenna: rick, this certainly was a story that caught a lot of us off guard. you know, why now?

are you hearing anything about a possible suspect? >> reporter: well, we are. the fbi tells us they -- well, first of all, the new york manhattan cricket attorney's -- district attorney's office reopened the case two years ago and through a re-examination of new evidence and fresh eyes of investigators, they were led to this location which is right between where aton's parents still live and the bus stop where we never wound up. and the guy who worked in that basement where they are now searching is handyman who is 76 years old, he allegedly gave at work n a dollar the night before he went missing for some help that he had given him in that basement workshop. apparently, there was also a play room down there, the neighborhood mothers would bring their children to, and we're told aton had been down there and was familiar with the basement. now, the police have not identified miller as a suspect, but they have visited his home, and we have a camera outside

miller's brooklyn home where investigators spoke with him yesterday. there's been no sign of him today or investigators today, but earlier i did speak with the building superintendent, a super who was there then and is still there now who worked very closely with miller over the years. i asked him about his reaction to what is going on here. >> to learn that mr. miller might be a suspect in the murder of this -- >> i mean, yes, very much. >> reporter: why? >> because he was not that kind of -- he didn't seem like that kind of a person, i don't know. >> reporter: seemed like a nice guy? >> yeah. he was a nice guy. and he did a lot of work for me, and other people around here. he built my whole place. >> reporter: well, the fbi should know sometime in the next few days if there is, in fact, a body buried in that basement and possibly solve a case that's been open, jenna, for more than 33 years. jenna: an incredible possibility. we're going to speak to the man who was chief medical examiner at that time in new york city,

dr. baden, a little later in the program. thank you very much, rick, from soho, new york. >> reporter: sure. rick: well, right now the race for the white house has top billing, of course, in november, but congress in control of that is up for grabs as well. already democrats are reserving some $32 million in ad buys in districts across the country in a bid to try to retake control of the house. republican working hard to keep control of the house and to regain control of the senate. larry sabato is director of the center for politic at the university of virginia. good to see you. let's talk about congress first. the house of representatives, the magic number for democrats 25, is that right? any chance of that happening? >> i never say anything's impossible. i've learned not to do that. but i'd say it's highly, highly unlikely. we've run a lot of scenarios down here at the crystal ball trying to find some way, some scenario whereby democrats could

gain at least 25 seats which is what they need to take control of the house, and maybe it's a failure of imagination on our part, but we can't find any. [laughter] i think it's more likely that republicans will retain the house by a good margin. it may not be as high as the 49-seat margin they have right now. they may lose a few, but i would sure bet on continued republican control which means if president obama's reelected, gridlock. rick: so what do you make of the ad buy, larry? democrats are spending money in 1 different states, $8 million in florida, three million in ohio, of course, probably the two biggest battleground states, two million in colorado. what's the democrats' calculation here? >> well, they want to gain seats. you don't have to take control of one election, you could have a multielection plan for taking control of the house. so you want to at least work on reducing the margin of control for the opposition party. now, obviously, they've got to

convince themselves they can take control in this election in order to raise that money, in order to get the troops enthused, and i'm sure they're doing that. it's just as i say from our analytic perspective we can't say how they're going to take control. we can see them gaining seats, though, single digit or low double digit. rick: we always hear so much about congress' approval ratings which are low, to say the least, that's an understatement, but i'm wondering what kind of role that plays, an unpopular congress in a presidential election cycle. what happens typically? >> i tell you, i think it matters most in recruitment. it's really difficult to get people to make the kind of sacrifices you have to make to run for congress when you know you're running for an institution that's incredibly unpopular. so let's give them their due, the popularity rating according to gallup at least is now up from 13% job approval to 17% job approval which means that only about 80% of the american public

doesn't approve of them. rick: the center for politics at the university of virginia, larry sabato is the director there. always good to talk to you, sir. thanks so much. >> thanks so much. enjoyed it. jenna: former iranian hostages seeking justice now from iran. to this day, the 52 americans have received nothing from iran for their suffering decades ago. now the former hostages are trying to take tehran to court. we're going to talk to one of them and why he thinks what happened to him then set a precedent for how we deal with iran now. plus, investigators looking into serious accusations against afghan forces raising new questions about our mission there. we have a live report next. [gunfire] there he is, poised to discover plum amazins,

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jenna: right now we have a special story for you today. rocky was a marine forward protecting the u.s. embassy in tehran back in 1979 when it was seized by islamic militants. some say students, others say militants. these were bad guys. to this day, iran has not been forced to pay a price for the suffering of the hostages, and now these hostages are suing iran for $10,000 per day of captivity totaling $4.4 million each. it's not unusual, by the way, for hostages to do this. this case has been ongoing for years now, and this really caught our attention in a recent story, and that's why we invited rocky on, one of the 52 americans held hostage in iran for 444 days, and he joins us now live. rocky, nice to have you today. >> thank you, jenna. jenna: for those of us who haven't heard the story yet, can

you tell us a little bit about what those 444 days were like? >> well, jenna, um, you're absolutely right, you know, the first day of november 4th when we were first taken, i had my ting beer on a sawed -- finger on a sawed-off shotgun, and they brought iranian women in and used them as shields. and i tell you what, i regret thinking back 33 years ago not ever pulling that trigger because my orders were don't, don't fire. um, because we did not show force, the war on terrorism started november 4, 1979, and we are still paying the price to this day. it's just like, jenna, if somebody got away with it, would you not want to see them pay for it? after we paid iran to release us, they've continued to share this radical belief around the

world. and the people that took us, ahmadinejad was one of our captors and is now the president of iran. so it hurts a lot to see that this is still going on, and they've never been held accountable. jenna: it's hard to make any sort of comparison to being held hostage for that long and, obviously, this is still something that -- well, this is something that effects you for the rest of your life, rocky, and i'm curious about getting back to the point, you say you wish you pulled the trigger, and that might be for some of us hard to hear if there was innocent people being held and used as shields, but why do you think a show of force at that moment would have changed the way that we've interacted with iran for the last several decades? >> well, you've got to give iran credit. they know how to negotiate and really manipulate the situation. you know, jenna, the first 30 days that we were taken hostage we were not allowed to speak. i was tied at times in beds with my other former hostages, i was at the foot -- head of the bed,

they were at the foot of the bed. my ankles were tied to their ankles, and, i mean, we live inside that quiet area -- lived in that quiet area. we were locked in a room for 400 days, and we were able to go outside seven times out of that entire time. and so that whole situation when we finally negotiated that event, that event led into the iran contra affair. after we paid them $8 billion, iran said this is a pretty good deal. we just took these hostages, now we need weapons to fight the iraqis, that became the iran contra affair. so that situation that started november 4th of 1979, um, those are things that i will never forget. i can, i'm sitting here telling you the story, and i can still remember the smells of how we had to urinate on ourself as we were being escorted around the country of iran blindfolded, not knowing where we were going. so there are things that you

just, you never forget. i'm telling you a story, but bill, the guy that was in the room with me for those days, will ever know the true life of that story. jenna: we're looking at some photos of you when you returned home, and i'm curious what goes through your mind when you hear about the negotiations with iran and their nuclear program? what do i yo think about that? >> well, jenna, iran has had sanctions against them for 33 years. so i've got to ask you, you think they're really working? and then, also, you know that there are companies within the u.s. and other parts of the world that are going around those sanctions. so, again, i kind of laugh at those sanctions. the only thing i truly believe is what could have worked is had i pulled that trigger that morning, showing them the force, showing them that you "you don't mess with the united states of america. but we didn't, we negotiated

with them, and you know what? they have continued to negotiate for the past 33 years, and no one has been held accountable. you're either with us or against us. jenna: it's hard for you to take all that on your shoulders, rocky, as one man. i understand the weight, i can only understand a little bit of the weight that you feel that you carry as you take a look at the last 30 years. what do you want now in this legal case, and why is this still going on? >> you know what? i want iran, i want iran and any other country that deals with terrorism like what they did is if you do this, we will catch you, and we will find you. if it takes 33 years, we will eventually get justice and make sure that we alert the rest of the world that this is not going to happen on our turf. jenna: rocky, we look forward to having you back. >> thank you, jen that. jenna: thank you very much for taking the time to share your story. wow. rocky, thanks. rick: fox news alert, plane crash in pakistan.

the search crews have found at least 118 people who died in a jet crash in pakistan today. boha air jet, that's the name of the airlines. a commercial flight, 127 people onboard, so they are still looking further other people who were on that flight, they do not expect to find any survivors. the plane crashing near pakistan's capital just as it was getting ready the land. the weather was not good. there are reports out there that the plane was struck by lightning, it went down only a few miles from the airport. we'll have more on this as we get it, and we'll have more "happening now" after a quicken break. the earth's gravitational pull and hurtle us all into space. which would render retirement planning unnecessary. but say the sun rises on december 22nd, and you still need to retire. td ameritrade's investment consultants can help you build a plan that fits your life. we'll even throw in up to $600 when you open a new account or roll over an old 401(k).

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responsibility. what's your policy? jenna: just last hour a judge rules in a bond hearing for george zimmerman, the florida man accused of killing trayvon martin, an unarmed teenager. harris has more from our newsroom. >> reporter: yeah. i just finished monitoring the family's response of trayvon martin in all of this. coming out of court today, just a couple of notes for you. george zimmerman has surrendered his passport. he was given the opportunity to bond out of jail, $150,000, he'd come up with approximately 10% of that to get out. now, his attorney says it's going to take a few days before that would happen, they want to go through the proper channels. what his attorney is also asking for is that george zimmerman be allowed to leave the state because of what he says death threats made against him. 7-year-old trayvon martin -- 17-year-old trayvon martin

killed on february 26th, george zimmerman a self-professed neighborhood watchman. his attorney wants him to leave the state, the family just moments ago saying they are disappointed with this decision to give him the opportunity to get out of jail while he awaits trial, but they will accept it. jenna? jenna: harris, thank you very much. rick: well, today marks two years since the worst offshore oil spill in u.s. history, the deepwater horizon disaster. eleven workers killed, more than 200 million gallons of oil spilling into the gulf of mexico, and now a report on the recovery. steve harrigan is live in grand isle, louisiana, with the latest. >> reporter: a small memorial service behind me on the beach for those 11 men killed when that rig blew up two year ago. two years on here on the coast of louisiana the effects of that spill still being felt. it dumped almost five million barrels of oil into the gulf

here. it effected the economy, the wildlife, and it effected the marshlands, something which bp officials acknowledge. >> marsh grasses are regenerating, but you can also see and important to understand as we've freely acknowledged is there is also areas of unfortunate loss and real damage. that is not likely to regenerate. >> reporter: bp has spent $14 billion on cleanup over the past two years, more than $8 billion in giving out claims. as far as effects on the wildlife go, two years ago the pictures of oil pelicans drew international attention, but while the studies are still ongoing, the real concerned the is about the health of the dolphins who are at the top of the food chain here. >> we have literally seen over 700 dead dolphins, and, you know, one animal may have one thing, another animal we may see something completely different.

>> reporter: there's real concern, too, for seafood producers here. it's really a concern about perception, especially when it comes to oystermen. they say despite fda testing that shows there's no oil contamination in oysters, it's still a very tough sale, sales way off from what we they were t two years ago. rick, back to you. rick: steve, thanks. jenna: an update on army staff sergeant travis mills who lost all four of his limbs last week in afghanistan. we've been following this story all week long as travis has returned to the united states. sergeant mills was on his third tour of duty in afghanistan when he was injured by this ied explosion. he's already had emergency surgery in germany, he's back in the united states at walter reed army medical center in washington, and joining us now on the phone from washington is a family friend, david pratt who's now running, by the way, travismills.org. and we were able to speak to

kelsey, travis' wife, on monday. the family's getting a briefing right now on how he's doing, what can you tell us about his condition right now? >> well, travis is in good spirits. they did some surgery again this morning to go back in and clean up the wounds, and they were hoping to be able to close at least a couple of them, maybe one of the legs and one of the arms so it could begin to start closing on its own and healing. it sounds like the infection is cleared up. so we're real encouraged by that news, and like i say, travis is in great spirits. he's joking all the time with the nurses and family and doing what he can to keep his spirits up. jenna: this is an important story for us to follow because it's just one story of so many families that be affected one way or the other by their sons or daughters in their service for our country. tell us a little bit about what you're trying to do through travismills.org and what this week has been like for you. >> well, it's definitely been an

eye-opening experience. like you said, many -- there have been a lot of soldiers injured and a lot of them lost their lives, and this is just one incident. but fortunately, out of this tragedy hopefully with the exposure that we're getting with travis' story, it'll heighten the awareness of all the organizations out there that are raise b -- raising funds to try and help those families. that's basically what we're trying to do. travis' family is going to experience a lot of expenses, over and above the medical expenses that, of course, will be covered by the military. just the traveling back and forth from the lost work hours of the family and just expenses that you and be i can't even imagine that they're going to have with this life-altering event that travis experienced. this is a lifelong event. this isn't something that within a year is going to end. so we want to raise enough money

that we continue to take care of travis and his family, you know, in the next 40, 50 years that he's going to have, hopefully, a very enjoyable life. jenna: and we're seeing him with his new daughter, chloe, she's four months old, and his beautiful wife, kelsey. just real quick, there was some issues with the web site because there was a lot of traffic as i understand it. right now what should people do if they'd like to help? >> well, keep trying to get on the web site. we've, we've got a new server, a different server that's going to handle it and, hopefully, within the next 12-48 hours the web site will be up and running, and you should be able to donate electronically if you'd like to do that or send checks in to the address that is listed on the web site. jenna: well, we appreciate the updates that you and the family have been providing us and that we've been sharing with our viewers and also all the updates on travismills.org. i've been checking in throughout the week to see how he's doing, and we're wishing him and his family all the best and you,

david, as well. thank you very much. >> thank you. rick: okay. we take a quick break. when we come back, a big break, perhaps, in the decade-long search for a young boy in new york city. police and the fbi digging up a basement in new york. what led them to act in this cold case? and what can we expect in the days ahead? the forensic pathologist who was at the time of etan's disappearance new york city's chief medical examiner will join us. dr. michael baden, next. from t 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.

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jenna: well, we're tracking new clues in a 33-year-old case. 6-year-old etan pates vanished in 1979 after leaving his home to walk to a school bus. his disappearance haunting new york city and the nation overall, and now investigators are searching a basement in new york city right now. here's new york city police commissioner ray kelly. >> the fbi was engaged in this investigation.

they used cadaver dog, they actually used mats to put on the floor, and then the cadaver dogs gave a positive indication. they went back to that scene, so, obviously, we're hopeful that we can bring some comfort to the parents in this case. jenna: joining us live, dr. michael baden, a forensic pathologist and fox news contributor. he was also the chief medical examiner at the time of etan's disappearance. what did you think? when you got this news yesterday, what was your reaction? >> well, my reaction is that i hope it's not another false alarm. there have been a number of false alarms that the family have been put through, and whether it's -- there's always been a thought that maybe he's alive someplace else which might be better information for the family than he's dead. but this can help resolve the matter. jenna: how difficult is it to, at this point, 30 years after a alleged crime took place, um, you know, what can you find if

you're looking through the concrete of a basement? >> well, jenna, if body were placed there, there should still be skeletal remains, bones, dna, teeth which preserved the dna, clothing. if body is still there, they'll find evidence of the body, and they'll find enough evidence to determine the identity of whether this is etan patz or not. even if body was moved away, if the body was placed this and moved away, remaining insect activity, dead maggots can also tell if etan was in that spot at some time previously. jenna: we're seeing such cute little pictures of etan, and they're still so difficult to look at after all these years. how quickly will we know if investigators found anything? how long do you expect them to be on a seen like this?

>> it fends how difficult -- depend how difficult it is to go through the concrete. if they find something -- clothing, a belt, shoe, buckles, you know, metal, buttons or something -- they'll know that pretty quickly, and i'm sure they'll give that information out. if they don't find anything, it's going to take longer, it may take weeks. jenna: even if they do find something, how valuable will that be to charging someone with this crime if, indeed, a crime was committed and the body was left here? >> well, if body's left there it indicates some crime, but you're right, they can identify who the body is. still at this time 33 years later without a problem, but the cause of death may not be identifiable because especially if it's some kind of asphyxia death that are very subtle findings, and they may not be able to determine the causes of death and charge somebody with that. but they would be able to

identify it if it is etan patz, and at least that'll bring some resolution to this horrible situation. jenna: as you point out, dr. baden, we hope that for the family, at least some resolution if it's possible, although that's so difficult with the loss of a child. dr. baden, nice to have you with us today. always appreciate -- >> good to speak to you, jenna. thank you. rick: when e come -- we come back, we're going to switch gears and go back to the presidential campaign. the presumptive republican nominee, governor romney, claiming that there's media bias. is this true? we'll take a closer look coming up next. does aspirin even work on my headache? aspirin is just old school. people will have doubts about taking aspirin for pain. that's why we developed bayer advanced aspirin with micro particles. now we're challenging you to put it to the test. visit fastreliefchallenge.com to get your free bottle.

rick: well, we have the first full week of the general election campaign under our belts. the media focusing on the matchup between president obama and governor mitt romney, and already allegations of media bias in the race. here to take a look at the coverage so far, judith miller, author and fox news contributor, kirsten powers is daily beast columnist and a fox news contributor. nice to see you both, thanks for being here. judy, how's the media doing so far? >> look, i think the media are doing just fine and just what's to be expected. i think the problem is that right now both candidates are offering kind of cotton candy whereas, you know, the public wants meat. they want to know what vision each man has for the country and how they're going to get the country to where they want to go. and they're not hearing that there the candidates. i mean, we've got gsa, and we've got hot tubs, and we've got -- [laughter] you know, scandals and

vacations. rick: secret service agents -- >> and service agents, but we don't have the talk about what the american people really want to know which is, uni, what are you going -- you know, what are you going to do to keep this economy moving, to get it moving faster? rick: all right, kirsten, judy's problem is with the candidate themselves. meantime, governor romney started the week giving an interview saying that he believes in a vast left-wing conspiracy within the media. are you buying that? >> yeah. well, that's a favorite tactic of pretty much every republican -- rick: but isn't it true -- >> -- candidate that we've ever seen. well, no, not necessarily. i think a lot of times they demonize the media because the conservative base loves it. they think that the media's out to get the republican candidate. i don't think that they are out to get him, and i honestly haven't seen a lot of stuff that i would consider extreme media bias against romney. i'm not saying it doesn't happen or that there isn't media bias

and obama, look, gets preferential treatment because he is so popular. but i think -- among the media. but i haven't seen anything that has been particularly egregious regarding romney, i'd be interested to know what he thinks so so bad. rick: judy, do political journalists' leanings come into play in their reporting? somewhere we all know from the -- >> we all know, of course, most journalists are liberal, and they tend to be sympathetic to the president, we've seen that. but i agree with kirsten on this. so far we haven't seen egregious bias. what you do see and what's really happened is you now have a media which are as polarized as the nation. so you have more people on the extreme right and on the extreme left both looking for things that the other candidate says. so what i predict and i think is already starting to happen is you're going to have a very, very ugly campaign in which the media will be slinging mud and, also, returning mud and talking

about all the mud that is being slung. rick: key ten, we hear a lot of these predictions that this is going to get ugly, this is going to be an ugly race. what role do you think the media will play in that? >> they'll amplify it, you know? they like it when it's a dog fight. they like it when things get ugly. it's more interesting. and so i think when they see it, they pay extra close attention to it. i think that it makes, like i said, it makes it more interesting for them. rick: judith miller and kirsten powers, thank you both. and a reminder to watch news watch right here on fox news channel tomorrow afternoon, saturday, 2:30 p.m. i'm filling in for jon scott this weekend so, please, check it out. thank you, ladies. jenna: new developments in the case of the man charged in the death of trayvon martin. george zimmerman facing trayvon's parents and apologizing for their loss today in court. the next step in the case as a judge grants zimmerman bail and

new reaction from the lawyer representing trayvon's parents, that's all coming up. i went to a small high school.

the teacher that comes to mind for me is my high school math teacher, dr. gilmore. i mean he could teach. he was there for us, even if we needed him in college. you could call him, you had his phone number. he was just focused on making sure we were gonna be successful. he would never give up on any of us.

jenna: a sorry of a fan rushing the field at the oriol white sox fan. a fan grabbing the kid saying a ball might hit him. he was returned to his family, the boy not the ould fielder. ioutfielder. they asked the family to leave after determining the adults did not prevent the boy from running down the aisle and jumping on the field. rick: you can't go on the field no matter how little you are. jenna: what a fan. thanks for joining us, everyone. rick: "america live" starts right now. megyn: fox news alert. the man charged with killing florida teenager trayvon martin will be released