bill: will be the best 12 seconds of our life right now. martha: you think? we had a really fast two hours, right? now people can stick around because "happening now" is starting right now. bill: see you friday. jenna: thank you, martha and bill. brand new stories and prabing news this hour. we're awaiting a major national security speech from the president. president obama is expected to discuss drones, get me and the threats americans face every day. we'll have a preview of that. plus will convicted killer jodi arias get the death penalty or spend the rest of her life behind bars? a jury could knot reach a decision yesterday. today they're back at work. a man caught on tape firing an ak-47 into a car and a gentleman's club packed with people. why was he doing that? and what happened to him? it is all "happening now."

jenna: hi, everybody, great to have you with us on this thursday. i'm jenna lee. >> i'm gregg jarrett in for jon scott. >> new developments in the irs scandal that is really shaking up washington and continues to do so. the investigation now focusing on an irs official who refused to answer questions about the agency's targeting of conservative groups for additional scrutiny. lois lerner pleading the fifth at yesterday's hearing. she touched off the controversy earlier this month when she acknowledged the program for the first time at the american bar association conference. members of congress questioning why she didn't bring it up sooner. mike emanuel is with us now. mike, the irs is in focus and are they going to call lerner back to testify? can they do that. >> reporter: chairman issa was considering the possibility of recalling

here. there are discussions underway whether that would be worthwhile. lois lerner invoked her fifth amendment right but also defended herself saying she hasn't done anything wrong, hasn't broken any laws and hasn't violated any irs rules or regulations. so then the quote for chairman issa was, by making that statement, did lerner waive her fifth amendment right? the lawmaker who initially made that argument said lerner likely would not make the same mistake again. >> you can't make someone talk unless your name is jack bauer. you can't force someone to talk. so, are we going to hold her in contempt? are we going to put her if jail? will we offer her immunity which i would not be a fan of? or will we build a case without using her testimony? all of that will be decided at chairman speaker level and not at my low level. >> reporter: lots for lawmakers on that committee to consider. there you heard trey gowdy, a younger member on the committee refering to the

chairman and speak of the house john boehner. jenna: a jack bauer reference. republicans have been outspoken about this. democrats say this is nonpartisan matter and they're involved. are democrats in favor of trying to force lerner to come back and testify? >> reporter: you know it is interesting because elijah cummings, democrat from maryland, the senior democrat on the committee was very tough about the irs management, accusing them of gross incompetence and mismanagement. in terms of the idea of callinger he back, well, here's his take. >> i don't think she waived her right to invoke the fifth amendment and to be frank with you, i think that we should giver her the benefit of the doubt since she had a lawyer present. she was acting on advice of counsel. and, i think that says a lot in of itself. >> reporter: so that's his take. we will be watching developments today to see whether chairman issa officially goes forward with

the idea of calling lois lerner back to the committee to try to see if he can get her to testify next time. jenna? jenna: very interesting development. we'll see where this goes from here. back to you, mike as we hear more. thank you. >> reporter: thank you very much. gregg: getting new revel races in the -- revelations in the justice department snooping scandal. heavy-handed feds rummaging through e-mails of reporters and apparently going after one reporter's parents. details of government snooping kept secret for years. doug mckelway is live in washington with more. hi, doug. >> reporter: gregg, you're talking about fox's james rosen. in the aftermath of the rosen revelation as bipartisan group of house members introduced legislation designed to protect journalists that obtained information from confidential government sources. we know from papers filed by the u.s. attorney east office, doj looked at long list of phone numbers to find out what rosen knew about classified information

given to him and determine other sources rosen may have contacted on his reporting on north korea and its nuclear program. the list of phone lines including james rosen's fox mobile phone. james rosen's parents home. first three digits and several other numbers match prefixes of white house booth, pentagon booth and state department booth. with four digits redacted but we can not confirm those numbers were indeed of interest. >> this seems to be incidents that are clear violations of the spirit and the letter of the law and the first amendment. >> reporter: but the affidavit signed by fbi agent reginald reyes in support of a search warrant that labels rosen a coson spir tore goes further, asking the warrant be sealed that he could be a flight risk. if persons notifies anyone that a warrant issued on subject this person and other persons may further mask their identity and

activity, flee or otherwise obstruct this investigation, end quote. the yesterday the u.s. attorney's office in d.c. issued a same that said, quoting we did not wiretap the phones of any reporter or news organization nor did we monitor or track the phone calls of any reporter's parents. no records were obtained from the computer servers from any news organization. we take seriously our obligations to follow all applicable laws. yesterday the chief judge of the federal district court here in washington issued a apology for ceiling of critical documents rosen case. 18 months after the seal had been lifted chief judge royce lambert said a review is underway. he announced a new category will be added to the court's website where search warrants become public with some limited exceptions. that is the latest. gregg? gregg: doug mckelway, live in washington. doug, thanks very much. jenna: more developments on this story, we're learning new details about a deadly terror attack in london. two men hacking a british

soldier to death near a military barracks in the southeast neighborhood of woolige. one on the screen shouting angry messages on video while he murdered the soldier waving the meat cleaver. the suspects were shot by police and taken into custody. much more on the story with greg palkot from england. greg? >> reporter: hey, jenna, a very emotional scene here. we're at the barracks of the active duty british soldier who was killed yesterday. our cameraman zoomed right in there, there are flowers there that have been put there by residents throughout the day. we have been speaking to residents, they are very upset and emotional what happened here. the soldier, his identity has not been formally made known yet. also the identity of the two attackers is not publicly known but we are getting a lot more information about what happened. the attackers, according to this grisly amateur video

that we've been seeing, as well as eyewitness accounts were actually in a car and actually hit the active duty soldier about 200 yards away from where we're standing right now. after he was knocked down, then the hacking occurred. they dragged him into the middle of the street and left him for dead and stood around him and pronounced various islamic slogans while police in fact then finally came. shot the two men and they're in the hospital now underarrest. prime minister david cameron here in, the u.k., was meeting with his emergency security cabinet. he had this to say after that meeting today, strong words, take a listen. >> first, this country will be absolutely resolute in its stand against violent extremism and terror. we will never give in to terror or terrorism in any of its forms. second, this view is shared by every community in our country.

>> reporter: again the investigation is in full swing right now. we are told incredibly by sources through our sister network sky news that these two were very much on the radar of security services here in the u.k. that they had had islamic associations and were being followed. so in fact today, there were searches at three different houses, both in this area of southeastern london and outside in the center of england. what the authorities we are told they're looking at right now is whether in fact they were lone wolf figures. whether they were, what they call here in england. self-starter terrorists or in fact whether they had a jihadi network behind them. in fact if they were self-start networks we'll look at who actually started them. believe it or not there is discussion of the late al qaeda lead -- leader al-awlaki and his online magazine being a possible inspiration for the attack. if that has echoes that

follow up to the boston marathon bombings and we're hearing those echoes too. also echoed the bravery of people here at the scene yesterday here in london. an incredible story of a 48-year-old mother of two, a cub scout leader, who actually was in the bus, saw the thing happening, got out of the bus and confronted the attackers and said what are you doing? they said in fact we want to start a war here in london. she responded, you can't start a war. there are too many against you. let me finish up hire as we look at the -- then, people there. we're hearing from the -- of people. they are very upset and shaken up here. back to you, jenna. jenna: understandably and shocking that, or maybe not, that these two men were on the radar of the security forces in london and in england. we're going to have a big panel on this about half an hour raising these questions with our experts. greg, thank you very much live on the scene.

apologies about the sound. very developing live situation. there are still many questions that remain what actually transpired. gregg: sure. it is still a crime scene and likely will be at least for another day. naturally a lot of noise. in the meantime some other news, a masked gunman shooting a man in cold blood right in front of hundreds of people in a very busy shopping district. we'll tell you about it. plus, the irs official at the center of that growing scandal refusing to answer questions on capitol hill. but some lawmakers say she waived her right to silence. now they want to haul her back into committee.

jenna: welcome back, everyone. a desperate search is underway in iowa where two young girls were kidnapped. one 12 girl escaped and the kidnapper was found dead of self-inflicted wounds several hours later. however 15-year-old kathleen shepard remains missing. a search team found two backpacks belonging to the

girls in a remote area. investigators are searching for kathleen about the dayton area, 60 miles north of des moines. colorado theater shooting suspect james holmes is due back in court today. his lawyers are asking to allow holmes to plead not guilty by reason insanity. newly-released court records show that holmes received six shipments of ammunition from a online retailer. >>. >> police suspect a mexico gun cart tale ordered a brazen daylight execution in texas. he was shot dead sitting next to his wife in an suv. this was not near the border. this was in the middle of an upscale shopping district near dallas. >> won't talk unless your name is jack bauer, you can't force someone to talk. a prosecutor who has grand jury subpoena power, the power to compel and the power to offer immunity where appropriate is where we ought to go. there are limits to what congress can do with

criminal actions. gregg: that is congressman trey gowdy weighing his options after lois lerner, the woman in charge of the irs unit that targeted conservative groups refused to testify. gowdy and others belief she effectively waived her fifth amendment right to silence by reading a statement giving her side of the story. it was brief. but as gowdy noted, they can't force her to talk. that's why he would like to see a special prosecutor haul her before a grand jury. a.b. stoddard is associate editor and columnist for "the hill." good to see you. generally waiver of fifth amendment applies to trials only. this isn't a trial and normally you can invoke your fifth at any point in time. the lawyers will have to iron that out but look, what happened yesterday seemed to really anger people on both sides of the aisle, republicans and democrats. so has this just inflamed or escalated the vitriol and

recriminations over the irs scandal? >> yes, i think this week it's really taken a turn. we learned, a, that the story from the white house continues to change and that's unsettling. lois lerner decided she couldn't testify because she could incriminate herself. we've also learned that the irs has known about this targeting and extra scrutiny for conservative groups now for more than a year and didn't tell congress. so that's really what matters. not so much with what happened in the back and forth in her statement where she tried to say i have never given false information to this committee and then run out the door before they could ask her what she meant by that. so far you are right, the expert lawyers who are familiar with this, with this ground in the law say she did not really provide a subject matter waiver and that this probably unlikely she comes back before the committee and is compelled but you see now, a growing desire obviously among republicans and some democrats like congressman lynch who said, if we don't,

if we don't, if we continue to get these nonanswers if people will not tell us where this started, how far the culpability spread in or out of the irs, since natty or bash in washington, lower level or higher level, if we don't get answers and we've not gotten answers they will have to find another way through a special prosecutor. gregg: the white house seems to be changing its story almost daily. first they said, look, nobody knew except the white house counsel and the white house counsel didn't even know the content. now the chief of staff knew. now the senior staff knew. and they knew the content. an in fact they went so far as to actively consult with the irs to conjure up a strategy to how to deal with the fallout with the public. let's put up on the screen the "fox news poll". 66% think that the white house, the obama administration knew or instay gated -- instigated the irs targeting. what is the impact on the president, his agenda, what

do you think? >> i think there are some profound impact if you look at sort of cumulative effect of all of these cancels, the botched response to the benghazi attack, the irs scandal which i think is the worst one politically and then of course the fishing expedition by the department of justice into reporters from many different outlets trying to accuse them of, of espionage. this is really gone very far and wide and this is a scandal in of itself. if you add three of them plus the fact that the department of health and human services is also now seeinging private money to launch a p.r. campaign into the implementation of the president's health care law, there will be a lot of oversight facing this administration this year and next. but the irs scandal is now provoked the sort of democratic outrage as well as republicans. so the democrats can no longer protect the president. it doesn't matter if his chief of staff and his chief counsel provided with deniability and never told him. what matters is the response

since then. all we've gotten is one statement by president obama saying that he asked for and accepted the resignation of steve miller. lois lerner still has his job. shulman testified he basically didn't know what happened and couldn't be responsible for 90,000 employees. everyone has their hands in the air. no one knew what happened. people need answers and democrats will not defend the administration on this that's why it will have such an effect on his ability to pass his agenda. gregg: ab, i'm almost out of time here so we'll have to make this quick but some are already talking about and some in congress, including mitch mcconnell today saying that some in congress should defund, well this is a different quote from mitch mcconnell. but, some in congress are talking about defunding the irs as the enforcement mechanism for obamacare. do you think that's going anywhere? >> i do. there are a lot of problems on the horizon for the implementation of obamacare. people are very nervous about it, including the

administration. i think there is potential there for serious problems once you cross the irs with, with the implementation of the health care law. gregg: yeah. a.b. stoddard, thanks so much. good to see you. >> thank you. gregg: jenna? jenna: big story today. we'll continue to watch that. in the meantime convicted murderer jodi arias now waiting to learn if she will live or die. a jury set to resume deliberations in less than two hours after failing to come to annan must verdict whether jodi will spend rest of her life behind bars or get the seth sentence. a legal panel weighs in on why the jury may be struggling with the decision now and what the next step is if they can't agree. we'll have that ahead. a record-breaking flight. this plane traveling from phoenix to dallas without a single drop of fuel. harris with a peek into the future of air travel next.

jenna: new world's record for this state of the art plane. a solar impulse flying from phoenix, arizona and landing in dallas, texas early this morning traveling nearly a thousand miles powered solely by the sun. harris faulkner has more on this record breaking flight. are you going to be a passenger on the plane? i guess that is one of the other questions. it made it but -- >> here's the thing, this particular plane yet is only has enough room for one person, jenna. i would have to fly on the outside and that would not be good for my hair. jenna: that's true. >> reporter: the man who co-founded and ceo of the solar impulses with at the controls. it took him more than 18 hours certainly does not set a pace that would break any speed records. quite frankly you can drive to phoenix and dallas in less time. most commercial jets can make it in about two hours. here is why this is making news.

the 80-mile trek set a new distance record for single solar powered flight. and it is cool looking too. people wonder what was going through the skies of arizona and new mexico and west texas. the ceo/pilot did a string of media interviews from the air. there was a live view camera on board talking about the inside of the plane. the solar impulse took off at sunrise in phoenix and landed at dallas-fort worth international just after the sun went down. actually 1:00 in the morning local time this morning. this thing uses built up power cells to stay in the air at night. the company says it shows it is possible to do something in controlling and reducing our energy consumption. details about the plane now. it is designed to showcase clean energy technology. it weighs the same as a typical passenger car, a compact car that is. the ceo is the andre borsberg you may get to know the name. this is not the first record

he set. this was flying solar impulse from switzerland to spain. that was over 600 times miles. this american trip because we do it in better in america was longer. jenna: harris thank you. >> reporter: sure. gregg: the jury deciding whether convicted killer jodi arias will live or die begins deliberates yet again this afternoon after failing to come to a unanimous decision yesterday. here is the prosecutor and defense attorneys tweeting their respective cases to the jurors. -- meeting --. >> there is no procedure, there is no in this case to grant -- [inaudible] what that tells you is if you get life in prison she will die there. she will never walk out. she will be carried out. >> just because there is no procedure now doesn't mean that this isn't going to be a procedure when that comes down. gregg: let's bring in our legal panel. former prosecutor faith jenkins. defense attorney brian

claypool. faith, i wonder if that is what is hanging them up? some jurors say if we give her life is there possibility of parole? the prosecutor said currently not but we can't guaranty in the future the law might change and she might get out. what do you think?. >> i think they're struggling with the actual decision to administer the death penalty. this is a jury that swore, they took an oath and they said if it comes down to it, if we think this case warrants the death penalty we can do it. there are one or more jurors say it doesn't matter. jodi arias did not put up great mitigation. she got up and showed baby pictures when she was five years old. some jurors say i can not put this woman to death no matter who it is. that is not fair. that is not how the system is supposed to work. if there was ever a case there should be the case. gregg: they're all death penalty qualified jurors. they problem missed the court that they could do it if necessary. i wonder if there is debate behind closed doors, wait a

minute, which is harsher punishment? there may be those arguing keeping her in a cell each and every day for the next 50 or 60 or 70 years of her life is far more excruciating the easy out of death. what do you think? >> well, gregg, i think the issue goes a little deeper than that. i think the problem the jury is having is, there was one or two jurors in the initial phase of deliberation that might have been on the fence with finding a first-degree murder conviction because of a lack of premeditation. there was a female juror seen crying on the day of the verdict. so i think if you have one or two jurors that were reluctant to find guilt on first-degree murder, then how would you expect them then to find death, if they weren't even sure they wanted to convict her of first-degree murder? i think that is the bigger problem. gregg: let me play a quick clip here of jodi arias in her, it is called elocution, because there is no

cross-examination. it was essentially a power point presentation in front of the jury. take a look. >> in prison there are programs i can start and people i can help. and programs that i can continue to participate in. my hair was past my waist and i donated to locks of love which is nonprofit called locks of love that have hair for cancer patients that was the third donation since i was arrested. if convicted i will continue to donate to that organization the rest of my life. gregg: keep me alive so i can donate my hair, faith . what do you think of that argument? >> i think the entire mitigation phase was a joke. she didn't have a family member, loved one, no one, she got up and spoke to the jury and she showed baby pictures of her when she was five years old. who cares what you look like when you're five when at 25 you nearly decapitate someone. gregg: the jury did not buy the argument by the jodi arias or the defense that

she was abused and a victim. what does she do during the elocution and holds up a t-shirt that says survivor. i designed this t-shirt. isn't she insulting the judgement of the jurors? there is the t-shirt? >> yeah. gregg, she is insulting the judgment of the jury and i think she forgot to say in front of the jury, if she lives she promises not to do anymore interviews with the media that might offend the travis alexander family. she forgot to mention that. gregg, i think really what the issue here is, one or two jurors went back into the distribution box and said, wait a minute i gave in on first-degree murder but you will not get me on the death penalty. i think this will be a long deliberation. gregg: all right. we'll wait and see. faith jenkins and brian claypool. you will join us in the next hour on a different murder case and we're waiting for the jury verdict in that one. thanks very much. >> thank you. jenna: a soldier murdered in a brutal terror attack, hacked to death this broad daylight by two terrorists.

one of them seen on a video telling all of us that no one will ever be safe. we're going to take a closer look at this attack. look what mommy is having. mommy's having a french fry. yes she is, yes she is. [ bop ] [ male announcer ] could've had a v8. 100% vegetable juice, with three of your daily vegetable servings in every little bottle.

gregg: a new development now on lois lerner, the irs official that invoked the fifth amendment privilege against self-incrimination yesterday. we just received word that the chairman of the committee issa is now saying that after consulting with

counsel he believes she waived her right by making a statement. he says she is still under subpoena and he will recall her to testify. likely she will once again invoke the fifth amendment and then it will be a battle among the lawyers. so that is the latest development. jenna: this just in. new details on a deadly terror attack in london. the british government emergency committee is meeting today following the murder of a british soldier. we're waiting to see what they say, what is next in all of this. the soldier was hacked to death in broad daylight yesterday by two suspects. one of them seen here screaming angry jihadist messages. take a listen. actually, we don't have the sound. basically he is apologizing there for murdering this man in front of women. but then he goes on to say that happens in his home countries around the world where muslims are murdered by british, british soldiers. he also says, that you will

never be safe. a message really to everyone. both men were shot by police, they were taken into custody. a u.k. official is now saying and greg palkot reported this to us earlier today, that both of these men were part of previous security services investigations for possible terror links. joining us now to discuss all this, walid phares, a fox news contributor and terror analyst. robert mcfadden, former special agent in charge of "ncis" global field office. and frederick fliess, former senior analyst and manager of lignet.com. walid, i hoping to have the sound of the alleged terrorist because you say the words matter. i believe we have the sound now. let's take a listen to them. >> we must fight them as they fight us. an eye for a eye and a tooth for a tooth. i apologize women had to witness this today but in our land our women have it

see the same. you people will never be safe. your governments, they don't care about you. jenna: the crime scene is medieval, walid. it seems very brutal but you say it is not random, why? >> no, it is not random for a variety of reasons. number one, we look at the bug picture there were similar attacks against individuals from the military in france in 2012 in the south and and against germany in the airports in 2011. there is in the manual of al qaeda an injunction, anybody who believes in this ideology, whatever and whoever it can encounter from the western military, nato military, that they can try to take action against them. this is part of a much bigger idealogical injunction by al qaeda. they don't have to be members of the organization but they follow the instructions. jenna: bob, your thoughts on this. you've sat down face-to-face with many different terrorists. you have interrogated them. you have testified against them in court.

what do you see here in the video and in this crime and what questions do you have have? >> well, first it's from what we've seen of the video and the little we know appears to be a heinous, absolute criminal act. sometimes we get a little bit distracted about terrorism and labeling terrorism but this is a cold-blooded murder. now from my experience in interviewing, interrogating many al qaeda members, al qaeda associates, motivations come, tend to come once you really peel down to its most basic form in a lot of different manners and methods but you agree with walid though. if you have an individual, young men in this case or a few junk men and may not be part of the group but are looking to be motivated by the ideology you can go back to the 1998 commune cay from bin laden where he called it a religious duty to attack americans and allies anywhere whether they're men, women or children. also too, one of the latest or recent editions of the

"inspire" magazine out of yemen refers to a modus operandi of using a vehicle to run people down and use small weapons to, in effect, fulfill the killing. so like walid said, that kind of motivation, whether you're part of a group or not is a certainly out there. jenna: fred, what bob is saying too, there is a playbook out there for some of these terrorist attacks. you've been on the analyst side in the cia. one of the things we're learning now apparently these guys were on the radar of london security officials similar to the way that tsarnaev was on the radar of our officials here at home. what is the west missing as far as picking up these guys that are going from being investigated to then committing these terrible crimes? >> i think the problem is we have become a little bit overconfident in the gains we've made against the core al qaeda with drone strikes and taking out leaders of al qaeda. al qaeda has adapted. they are promoting radical islamist terrorism over the

internet. they are promoting it in certain radical mosques which is a big problem in the united kingdom. you can see links between various incidents. the boston bombing plot and this plot where these are not self-radicalized individuals who decided on their own to commit acts of terrorism. these are people who are motivated by key al qaeda leaders in yemen and in pakistan over the internet and through radical clerics to commit acts of violence. jenna: that is interesting you used the word and pointing it out maybe it doesn't fit lone radicalization or lone wolf because it makes it sounds like isolated event of the here is what the mayor of london had to say about the crime. i like your reaction. >> completely wrong to bring this killing on the religion of islam but it is also equally wrong to try to draw any link between this murder and british foreign policy or the actions of british forces who are risking their lives abroad for the sake of freedom. jenna: these are the questions we asked ourselves here at home.

the president is going to be making this major counterterrorism speech in just about an hour or so from now. walid, your thoughts what the mayor had to say? >> the problem now with bureaucracies both on this side and the other side of the atlantic they are missing the link. they think that this could be either religious and they reject that, or it has nothing to do with ideology and they reject that. what they miss is the fact that these people are indoctrinated first by "inspire" magazine by any other means, by can't with idealogues. then they become radicalized. what we are missing here, are the indicators. what happened in the united states and could happen in europe is that the administration here has removed the actual lexicon that would tell us and would tell law enforcement that these persons are radicalizing. so we're meeting them only when they hit and that's big mistake in strategy. jenna: bob, is that your experience in government as well. >> yeah. i generally agree with that. look, what's important here and in talking to, referring to what the mayor of london

said, this is not a monolithic movement by any stretch of the imagination. that is part of the problem in understanding the threat knowing the enemy. it is easier a process to make it one big thing known as al qaeda but you simply don't have that. you have that kind of motivation for those who seek it but really what continues to be the missing ingredient is getting in front of the narrative of violence as the only answer. jenna: fred, quick thought from you, how do we get in front of it? >> i think we have to recognize the threat and i really credit prime minister cam ran saying up front this seemed to be a terrorist attack which is lacking from this administration. if we don't acknowledge what the threat is we can't fight against it. jenna: fred, bob, walid, great to have your expertise on the panel. a topic we'll be discussing much more. thank you very much. gregg: newly-released videotape in the hunt for this man. take a look. he was armed with a ak-47 and shooting up a club packed with people. [ male announcer ] from red lobster's chefs to your table

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gregg: a manhunt is underway right now for a man considered armed and dangerous. take a look at this. you can see the suspect in this surveillance video from philadelphia. the man armed with an ak-47 shooting into a parked car and then, opening fire at a nearby gentleman's club. the police say the gunfire erupted after two men were removed from the club. one. men then returned to the club with the weapon.

police are asking for your help, if you have any information, please contact 215-686-tips. jenna: right now defense attorneys are preparing to make their case in the murder trial of karin kelly. she is the orlando realtor accused of shooting her boyfriend back in 2011. she is expected to take the stand in her own defense. harris has more. >> reporter: there is video coming in now, jenna. this story is unfolding. no shortage of women on trial for kill their boyfriends. first the jodi arias sentencing face is going on. caryn kelly, brand new video coming inside the courtroom where kelly is on trial for second-degree murder. she is in the navy jacket and green blouse. moments ago, the testimony she is listening to, the camera seems to focus in on her but there is woman on the stand who just told this courtroom, quote, she felt that, caryn kelli in her

expert opinion was in control of the gun that shot phillip petros. he was killed by a single gunshot to the side of his head. there were reports of a homicide at his orlando area home on july 27th of 2011. following a frantic 911 call placed by caryn kelly. it was placed four in the morning. according to prosecutors she has given different storerys what happened. first it was self-defense and now she says it was suicide. back to you. jenna: harris, thank you. gregg: medical professionals scrambling to treat hundreds of people injured in the deadly oklahoma tornado but concussions and broken bones not the only concerns. the hidden danger threatening the injured i can victims. we'll tell you about it.

gregg: the degree of devastation beginning to set in for a great many residents of moore, oklahoma, the town left in ruins after a deadly tornado on monday. two dozen people were killed including 10 children and local hospitals, well, they're treating hundreds of others. now there's a new threat, potentially deadly infections from the storm-related injuries. dr. richard fershi is director of the center for comprehensive medicine. he is with me now. doctor, good to see you. it is a fungal infection? >> one of the most serious problems people can face is a mold or fungus that grows in the soil. normally doesn't cause any problems. but when the wind whips it up and these wind were 2200 miles an hour and it stirs up the dust and the dirt and can be inhaled and get under the skin and the infection

is deadly. gregg: what about treatment for it? >> very few treatments are available. there is an antibiotic and anti-fungal. we used to call it in medical school anti-terrible because it has so many side-effects there is another that is very, very expensive. this is difficult problem to even diagnose or evaluate. gregg: can't culture it? >> very difficult to culture. you can see it growing on the skin, mold growing superficially. >> the other problem with natural disasters like this, water, stagnant water in particular. can get e.coli and hepatitis? >> absolutely. one of the problems that fecal matter or wastewater can contaminate freshwater supplies and other problems including contaminants from fuel oil, diesel and so forth can get into the water, contaminating it causing a lot of health issues. gregg: another issue is obviously you have a great many injuries. you have crush injuries with open wounds. you have got major cuts. you've got impalements and so forth.

those are all ripe for infection if the wounds are not kept clean. given the conditions out there, that's really tough. >> well you think after all these people have been through, that would be the end of it but now, weeks afterwards we're still going to be dealing with the aftermath. infection is one of those critical issues. mrsa for some individuals, flesh eating bacteria. we talked about that in the past. particularly in crushing injuries is a serious problem because the bacteria gets under skin and spread underneath and cause serious problems. gregg: people out there have to be cautious. don't think you're kind of a crybaby going to see doctors and nurses on hand there. the red cross, make use of it because you don't want those things to get infected. >> any sign, any increase in pain, anything that looks different, streaking in the skin, chest infections, cough, anything that changes, headaches go to the doctor right away. gregg: doctor, nice to see you. coming up in the next hour a

very inspiring update on another town devastated in a powerful tornado six years ago. how the people of greens berg, kansas, are rebuilding their battered community. >> it measured nearly two miles wide. it was an ef-5 tornado which is the strongest possible. it took a path that basically destroyed, 90 to 95% of the community. gregg: they have rebuilt in a greenway. we're going to tell you all about that in the next hour. jenna: looking forward to that. we're also awaiting what is billed as a major speech from president obama today on national security and counterterrorism. the impact of the strategy as announced by the president next and the jury now has a case in the maxim model murder trial. we'll have more on this story ahead. [ male announcer ] house rule number 53.

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call now to request your free decision guide. this easy-to-understand guide will answer some of your questions, and help you find the aarp medicare supplement plan that's right for you. gregg: welcome back. we are awaiting a major message from the president on national security as new information emerges now about a component of mr. obama's counterterrorism strategy. hello, i'm gregg jarrett in for jon. jenna: welcome to the second hour of "happening now," i'm jenna lee. and for the very first time, the obama administration acknowledged publicly that the united states directed drone strikes overseas killed not three, but four americans including anwar al-awlaki and now this new face be, a florida native charged with terrorism and conspiracy. his death unreported until now.

in less than two hours, the president could partially lift the veil of secrecy that's surrounding the controversial drone program. of course, there's controversial thoughts on the president talking about it at all. the president is expected to address the status of guantanamo bay which he pledged to close, and the terror detainees currently held there, what's going to happen to them. wendell goler is live at the white house. another busy day, let's start with the drone policy. what's new? what is it seems to be new in the president's speech today that we haven't heard? >> reporter: the president's aides say he has sent congress a policy directive about what circumstances justify the use of drones against americans accused of terrorism overseas. they say he beliefs the policy is necessary -- believes the policy is necessary, legal and just, and he also understands not all lawmakers agree with him. >> it is, as he pledged in his state of the union address, a subject that he believes deserves focus and attention.

it is one around which he believes there have been and continue to be legitimate questions asked. he is very concerned about the need to put an architecture in place that governs counterterrorism policy for now and into the future. >> reporter: drone strikes are actually down that sharply fromr peak many 2010, and the president's policy directive is expected to shift control more to the military. the president's also expected to address the war on terror generally saying that al-qaeda's weakened but that there are other dangers from copycat groups and home grown terrorists. his critics think the misrepresentation of the benghazi consulate attack grew out of an attempt to exaggerate al-qaeda's weaknesses. jenna: interesting. one of the other things the president's talked a lot about is guantanamo bay. what about gitmo, wendell? >> reporter: we expect the president will reaffirm his commitment to close the facility, but it's hard to see

how he'll deliver. more than half the 86 detainees who have been cleared to return to their home conditions -- or home countries are from yemen. he signed an order that basically blocks anyone from going back there after the so-called underwear bomber tried to blow up a jet liner at christmas, 2009. that still leaves about a hundred of the hardest cases. >> the ones that are left are the most difficult ones. they're the worst of the worst. they're the ones that either we couldn't find any place to send them, or the people in those countries would have let them go, or the people in those countries might not have handled them in the kind of humane way that we believe prisoners should be handled. >> reporter: you can add to that a bipartisan majority of congress is still keeping the administration from trying and jailing the gitmo detainees inside this country. jenna? jenna: we're going to be talking to senator kelly ayotte about

that, about whether or not their policies in congress have changed at all. this is what the president proposes. congress has to come along. we'll see what happens. wendell, great to see you, as always, thank you. gregg: right now the gruesome attack in london raising fears that terrorism has now returned to great britain's capital. british officials saying the two suspects in the killing of the soldier were known to security services. and they were investigated before for links to terrorism. london police investigating the scene outside a military barracks where the two men hacked the soldier to death in broad daylight, and then with bloody knife and meat cleaver in hand, one man turned to people watching in horror and recorded a message while waiting for police to arrive. we have to warn you, you may find these images very disturbing. >> we must fight them as they fight us, an eye for an eye and a tooth for a tooth. i apologize that women had to witness this today, but in our lands, our women have to see --

gregg: meanwhile, prime minister davidn vowing never to give in to terror. >> first, this country will be absolutely resolute in its stand against violent extremism and terror. we will never give in to terror or terrorism in any of its forms. second, this view is shared by every community in our country. gregg: joining us now from london, khan cochlin. thanks for being with us. i read your column, and you say this has all the hallmarks of an al-qaeda attack. how so? >> well, good afternoon, gregg. basically, if you look at the al-qaeda manuals that have been knocking around places like afghanistan and yemen the past decade, basically they state,

they tell their supporters, their activists that if it's not possible to conduct really big, spectacular attacks like the 9/11 attacks, then these activists should take the matter, take matters into their own hands and conduct their own homemade attacks; either build suicide bombs or just pick up a knife and go into the street and kill somebody in the name of jihad. and when you look at what happened in london yesterday afternoon, this is really straight out of the al-qaeda textbook. gregg: what do you know about police services knowing in advance these guys may have been dangerous? >> well, gregg, this is a moving story over here in london today. what has emerged this morning in london is that the security services which have responsibility in britain for countering terrorism, it seems

that they had these people on their radar several times over the past decade. one of the killers in particular, or one of the suspects, i should say, had been radicalized about ten years ago. his parents had been very concerned at the change in his character and had moved away from the mosque where he'd been radicalized. all this information had been picked up by the security services. and, of course, we have to remember that when we had the july 7 attacks here in london in 2005, the attacks on the london underground and the buses, again, the security services had initially had these people under surveillance but had dropped them because they thought they weren't a really serious risk. so if history is repeating itself with yesterday's attack, well, then you'll find that the security services will have some very big questions to answer. gregg: thank you, sir. good to see you. jenna: well, some troubling new

developments in the boston bombing investigation. fbi agents shot and killed an acquaintance of tamerlan tsarnaev. they say he turned violent during questioning in the case, and now there are reports before the shooting that he implicated himself and tsarnaev is a brutal triple murder in waltham, massachusetts, back in 2011. we have molly line with more on this story. >> reporter: jenna, this man killed in florida used to live here in massachusetts. he was a friend of tamerlan tsarnaev. the men knew each other, they were involved in mixed martial arts, they were also originally, both of them, from the chechnyan region of russia and both were suspects in this triple murder, that according to what investigators told our affiliates here in boston. the murder scene was the most brutal that investigators had ever witnessed. the murder occurred on the tenth anniversary of the september

11th attacks, and the victims were three healthy, strong young men in their 20s and 30s covered in their own blood. at least two had had their throats slit, the bodies sprinkled in marijuana and thousands of dollars in cash had been left at the scene. the fbi confirming for me that ibrahim was killed in florida. an fbi investigation out of boston and law enforcement had traveled there to interview him in connection with the boston marathon bombing. now, sources tell fox 25 that he was about to implicate himself in this triple murder when he lost his calm and attacked this fbi agent. the 27-year-old was shot and killed by law enforcement. we also have some more information about him that he had been involved in other run-ins with law enforcement including one that occurred in florida in just a few weeks before he was killed, just earlier this month, and he had been involved in an altercation

over a parking spot. and back in 2010 here in boston he had been involved in a road rage incident on the streets downtown. jenna? jenna: more on this story as we get it, molly. thank you. gregg: and now to california, the jury has the case in the maxim murder trial. businesswoman kelly sue park stands accused of brutally killing an aspiring pod el. the prosecution saying that juliana reading's home showed signs of a fierce struggle, that she was strangled with such force it broke a bone in her neck. mark's fingerprints were found inside the apartment, but the prosecutors said that wasn't the only physical evidence against her. >> there was nobody there but the defendant and juliana reading. the evidence in this case is overwhelming. juliana was calling 911. and guess what? the defendant pulled the phone away from her and hung the phone up. and that's why the defendant's dna is on the cell phone that

belongs to juliana reading and was found inside of her home. gregg: well, park's attorney is arguing that his client had no motive whatsoever to kill reading, and he suggested that detectives stopped investigating the crime once they had the dna match. our legal panel will weigh in on that case very shortly. jenna: in the meantime, the benghazi controversy continues to heat up. what we know and still don't know about the deadly terror attack many months later. up next, we're going to talk live to senator kelly ayotte who's been out in front of the story since it broke. plus, history could be made at the boy scouts of america national council annual meeting where we expect a key vote on the ban of gay youth members. we're live with that story, next. ♪

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vote on lifting its ban on gay youth. molly henneberg's live with more on this story. >> reporter: nearly 1500 boy scout delegates are expected to be voting right now, this hour, on this resolution. we won't find out the results until later this afternoon. gay rights groups say it's a start, but doesn't go far enough, and conservative groups say the boy scouts are bending to political pressure instead of standing for what they've always believed. both sides have been actively lobbying delegates at the convention in texas. the resolution would change boy scout policy and allow openly-gay boys and young men to join the scouts, but it does not lift the ban on openly-gay adult leaders. opponents of the resolution say they don't want to exclude anyone, even boys struggling with their sexuality, but they also don't want the boy scouts to become a sexual ri-charged organization. >> our main message is keep sex and politics out of the boy scouts. currently, there are gays in

scouting, that's the biggest misnomer. they just have to be appropriate, discreet, they can't act out in front of kids, they can't engage in gay activism. all these people you see are claiming they were kicked out of scouting were kicked out because of behavior and conduct that was really gay activism. >> reporter: but gay rights groups say gay boys and young men should have every opportunity to participate in scouting, and they say they'll continue to push the boy scouts to law -- to allow openly-gay adults and lesbians as well. >> what it's going to continue to do is send a message to gay youth that the day you turn 18, you are no longer fit to be a scout. obviously, that isn't a fully coherent message. so we think this is definitely a step in the right direction, but ultimately, scouting needs to be a fully-includeive organization. >> reporter: the resolution will be decided by a simple majority. and by the way, the supreme court ruled in the year 2000

that the boy scouts can exclude gay members was it's a private organization -- because it's a private organization. jenna? jenna: we'll see when we get the results of those votes. thank you. gregg: the irs official at the center of the scandal pleading the fifth, but lois lerner could soon end up back in front of a house committee, and she may not be able to take fifth or avoid questions. we'll look at the latest developments on the investigation. and as moore, oklahoma, prepares for the tough job of rebuilding, residents may find hope in one kansas city rebound from another devastating tornado. >> in 2007 we had this massive tornado that came through missouri. >> words can't even begin to describe what it was like to just see everything flattened. >> it measured nearly two miles wide, it was an ef-5 tornado which is the strongest possible. it took a path that basically destroyed 90-95% of the community.

♪ ♪ jenna: well, some new developments in the irs scandal. the house oversight committee chairman darrell issa says he's looking to recall lois lerner after she refused to answer questions yesterday. she's the head of the irs division which targeted conservative groups, and she chose to invoke her fifth amendment rights yesterday, but some say that assertion may be void after she gave an opening statement. well, today on "america's newsroom," congressman trey gowdy said recalling lerner might not be enough to get to the bottom of all of this. >> i want a special prosecutor only if that prosecutor has grand jury subpoena power, because that's where you can do an investigation. we don't need a special prosecutor working for congress if that person does not have

subpoena power. so if you have access to a grand jury, then, yes, i would be fully in favor of a special prosecutor, because that is the best way to investigate crime. it's not congress, it's with a grand jury and a prosecutor and some agents. jenna: we've heard from some republicans on this, obviously. now we're learning new details about letters from high-ranking democrats that may shed more light on this case. fox business network's elizabeth macdonald has more on all of this. what letters? who sent letters to the irs, liz? >> yeah, it's good to be with you. we are now tracking ten letters from high-ranking democrat elected officials in washington, d.c. from senators levin, schumer, max baucus and al franken among others. two irs -- to irs commissioner doug shulman. a set of letters from senator levin went to irs commissioner shulman in july, beginning in july 2012, and he was complaining about a reaction to a letter that he got from -- that he had sent to lois lerner. he is saying that, essentially,

lois lerner basically gave him an unsatisfactory response to his query. he's saying that the irs, quote: was behaving passively. he also said in his letter to the irs commissioner, how long after a complaint to the irs does the compliance review begin? so, jenna, these are letters we are staying on top of throughout the day and we don't know if there are even more letters involves from both sides of the aisle, not just republicans to the irs, pressuring the irs to act during elections season. jenna: what exactly where were e letters asking for? what initially did they want? >> well, senator levin's letter cited a dozen group that is he wanted the irs to look into to see whether or not they were doing multipoliticking as they were acting as nonprofits in violation of the law. and he is cited, for example, americans for prosperity, americans for tax reform, club for growth and the 60-plus association. another separate letter had gone

out from representative peter welch. in his letter he said, quote: >> congressman welch did not cite n that letter, that's important to note. he also -- senator schumer's letter and senator al franken among the other eight democrats who wrote to the irs, they said they would seek legislation if the irs fails to act to enact more -- tougher bright lines in nonprofit tax law. and they also said in their letter that we urge the irs to take steps immediately to prevent abuse by political groups. so these letters started in, basically, the fall of 2010, and starting with senator max baucus, and then other congressmen started to write to commissioner doug shulman. i'm going to send it back to you, jenna. jenna: senator hatch told us a few weeks ago he was most concerned about this irs targeting conservative groups after he heard they were being encouraged by democratic lawmakers. he would not name those

lawmakers on our show, but now we know at least some of the names. liz, more on this. >> also, jenna, we've got a story that lays it out, the tick tock, up on foxbusiness if your viewer wants more information. jenna: we'll look for that, liz. thank you. >> sure, delighted. jenna: right now, the first of the funerals in moore, oklahoma. it will be held for a 9-year-old little girl, one of seven children killed at their elementary school during this tornado. of course, this elementary school you know well because it took a direct hit from this ef-5. in the meantime, a band of thunderstorms is battering the city today as folks begin the daunting task of trying to rebuild here. the sheer magnitude of destruction everywhere you look is, quite frankly, hard to fathom. >> our house. it's -- everything's gone. that's the bathroom that's still standing. my grandpa was under everything right there. >> i've never been in a tornado.

i actually thought it would be windows busted, and my dad looked out the shelter, and he said you don't want to go out there. he looked like he was going to cry. my whole family broke down in tears. my grandpa was in the house. we thought he was dead. jenna: early estimates of the damage put estimates around $2 billion. early as they are. the president will tour the area and meet with survivors and first responders this weekend on sunday. gregg: residents in moore just beginning the very long and difficult process of cleaning up. and when it comes time to rebuild, they may want to take a very close look at greensburg, kansas, for hope. the community responded to a devastating 2007 tornado by not just rebuilding their city stronger, but also greener. >> when the tornado came through town, through the middle of town, there was only three structures that remained standing. one of which was the grain elevator. this is a silo ecohome.

it pays homage, a little bit, to that structure which, you know, remained a beacon of the town after everything else was flattened. >> after this tragedy people had so much on their plate anyway, that to get them to consider how they might build more energy efficiently or greener was a daunting task. but these people were really up to it. we're going to put if green in greensburg. we're going to do it right. gregg: putting the green in greensburg, and they certainly did. steve hewitt is now the city manager of clinton city, oklahoma. but talk to us about the ways in which you put green into greensburg. >> well, i think the most important thing is that you have to understand that you're, you've got to be cally responsible -- fiscally responsible, think about your kids, think about the community and make smart decisions from the way you build your home, your schools, your city. make good planning decisions, and it starts with that plan.

because you're not making a 20-year decision, you're making 100-year decisions when you rebuild any type of community. gregg: yeah. you used sustainable and renewable materials and energy-efficient structures were put together. talk to us about the materials. >> well, i mean, one of the thing that is', obviously, you know, you think about ways to recycle lumber, you look at ways like an icf which is a concrete insulation system that makes the facility very strong but also very high efficient in the way it uses energy. listen, you're going to get a lot of donations and a lot of money to help rebuild your community. you want to do the right thing. and here's an opportunity that greensburg took, and i think moore will have the same opportunity, make good, sound decisions. and use the materials around you. it's not something you cannot do. it can be done affordably and something better for your community and your citizens. gregg: and you created a wind farm that, as i understand it, will power some 4,000 homes?

>> well, that's one of the unique things. the wind that destroyed the community is the wind that now powers the community and many more commitments. i think it's unique -- communities. greensburg took a comprehensive look at where it wanted to go, a small town that was devastated by tragedy had a chance for hope. and that hope was making a new plan and using the green technology and planning a future for its youth, for its young people. and that's exactly what all these communities that go through disasters need to do, plan and face the future with eyes wide open. gregg: and i must say some of the city structures are so beautiful. i watched the video today. you've got reflecting glass, you've got solar panels, and they're incredibly energy efficient. and so hats off to greensburg, kansas. yo really set the standard, and maybe the folks in moore can do the same. steve hewitt, thanks for being with us. >> thank you. jenna: well, more than eight

months after the deadly terror attack in benghazi where four americans were murdered including our ambassador, there are still many unanswered questions. we should take this full screen down, because it's the wrong one. there we go. what we know, what we don't know is coming up next. senator kelly ayotte will join us on benghazi and more today. plus, jodi arias is fighting for her life, but did jurors buy her argument that she shouldn't get the death penalty? we're live with that story just ahead.

jenna: new developments in the benghazi -- well, what some are calling the benghazi controversy. others disagree with that. but laugh makers are -- lawmakers are trying to get to the bottom of what happened before, during and after the attack on the u.s. consulate where we had four americans murdered. senator kelly ayotte, one of three senators releasing a statement on the unanswered questions that remain surrounding the september 11th attack including lots of questions about the president and his role. for example, here's one question that the senator has. we do not know what the president did or who he was in contact with during the seven hours of the attack, and we do not know why the president did not reach out to libya's president during that period of time. senator kelly ayotte is a republican from new hampshire who sits on the senate armed services committee and joins us now. senator, nice to have you back on the program. >> hey, jenna.

jenna: you do have a lot of questions for the president and the administration. "the new york times" in an editorial today takes issue with that. base chi, saying that republicans like yourself have not taken an appropriate look at the cia. "the new york times" say you're abdicating your responsibility to look at the cia. what's your response to that? >> that's just not true. we are focusing on all the facts about what happened in benghazi when four americans were killed, and that means questions we have before, during and after. before, based on the testimony that came before the house, who waived the security facility requirements? before, what did the president know about the deteriorating security situation in benghazi? why wasn't that consulate closed? i mean, i thought it was so surprising that hillary clinton would say she didn't know anything about the prior attacks, nor the cable in august from ambassador stephens --

ambassador stevens. and then during, obviously to, part of this is the intelligence as well and during, you know, why is it that we haven't gotten an answer yet from the testimony in the house of mr. hicks who said that the special forces were told not to go, the so-called standdown, when they wanted to go to benghazi from tripoli to help those on the ground? jenna: so short, short of talking face to face with the president of the united states on this, how do you find those answers, or is that, indeed, your intention, to speak directly to the president? >> well, i believe the president should account for what he was doing during that period. we know that he had a meeting with secretary panetta and general dempsey about 5:00, and then as we understand it he certainly didn't have contact with them after that. and we also know that there was a plane sitting on the tarmac in benghazi of -- you know, certainly, there was a plane sitting there. they wanted to leave. why wasn't there calls made from our president to the libyan president to say let these people move so that they can go

and help what was happening at the annex? jenna: so you still have questions for the president. i would like to talk a little bit about what we're learning now about the attack. some great reporting from our own adam houseley and jennifer griffin that are talking about the fact that we do know, according to their sources, who committed this terror attack and, in fact, we've known for a long time. >> right. jenna: where they are. you're a member of the senate armed services committee. you're privy to some classified information, and all due respect to that, what can you tell us? have you known where these guys are and who actually did this? >> well, you know, i think that these reports are troubling. we're going to look into them further. but i have to say that i haven't seen the zealousness of if we know where these individuals are, why aren't we capturing them? why aren't we taking them into custody, and why aren't we interdating them? i think there are -- interrogating them? i think there are serious questions about that, and that would help us develop the truth about what happened and, most

importantly, hold them accountable. i think that has to be a priority. we're going to continue to push on that. that is, ultimately, certainly, the victim of these crimes and their families deserve that. but also there's other questions that remain in terms of the issue, also, of the survivors coming forward, making sure that we can hear from them so we know exactly what happened on the ground so we can understand the full facts here. i believe the american people need to know what happened and make sure that it doesn't happen again. jenna: so on the issue of how we handle alleged or would-be terrorists or terrorist that is we know of, one of the big topics today for the president as we understand it according to reports about his speech, he's going to be talking about guantanamo bay. and there has been, obviously, resistance coming from congress about speeding up the process to get the detainees from gitmo to some other site or get them processed. right now there's a hunger strike that's going on in gitmo, more than a hundred detainees

are participating in this, and some are suggesting that this is a big with political problem not just for the president, but for the country overall. where do you stand on this issue, senator? at this point in time? and have you changed your thoughts at all about gitmo? >> here's where i stand on gitmo. i've been to gitmo. i was a prosecutor before this. it's a top rate detention facility, and the people there have the right, obviously, to consult with a lawyer, see the red cross, practice their religion. and so i believe that when terrorists are captured, they should be brought to gitmo. and i would add, jenna, that in 2013 we had a vote on the defense authorization on my amendment that had a permanent ban to say that people from gitmo could not be transferred to the united states, and it got very strong support on both sides of the aisle. so i don't believe there is support in the congress on a bipartisan basis to transfer these individuals to the united states. and what about those individuals that are there that are so dangerous that we can't put them pack into theater? -- back into

theater? you know, this notion of where do we put them, and gitmo is a top rate detention facility. and by the way, those who have been released, there's a 28% reengagement rate where they've gotten back in the battle and are fighting us again and trying to commit terrorist attacks against us. so this is a very real issue. jenna: some things for us to consider. we expect the president to start speaking on that issue and orrs as far asking -- 1k others starting around 1 p.m. eastern time. gregg: is real-life hollywood who dun anytime, the jurors will be weighing in on the bizarre murder of an aspiring model. our legal panel is back to take up the case. >> there was nobody there but the defendant and juliana reading. the defendant who is 5-10, 150 pounds. strangling with both hands juliana, 5-7, who's 110 pounds.

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♪ ♪ gregg: the maxim model murder trial winding down now in california with the jury getting the case after very dramatic closing arguments. the prosecution saying that juliana reading put up a real fight for her life, that her body was covered in scratches and bruises and that the strangulation was so violent it broke a bone in her neck.

businesswoman kelly sue park stands accused of the brutal killing, but her attorney says she had no compelling motive, and he faults the police for stopping the investigation once they got dna evidence against his client. still, the prosecutor says the physical evidence against park is overwhelming. >> this isn't a case where there was one item of dna with 1 in 20,000. we have the cell phone, and the reason why the defendant's dna was on the cell phone is clear. we have the stove knob. why? because the defendant was trying to clean up her mess. we have the interior door. why? because the defendant locked that door and went out the back. we have the dna on juliana's neck because that is how juliana died. gregg: joining us now is faith jenkins, former prosecutor, brian claypool, former defense

attorney. it's a real problem when your client's dna is all over the neck of the strangled victim, isn't it? >> and it's also a problem when the defense opened and said the prosecution can't prove these two people knew each other. they don't have to prove it when the state can prove the defendant was in the victim's house, that the defendant's blood is in the victim's house. and as far as motive, you don't have to prove motive, but here it's clear what the motive was. it was money. the defendant was paid hundreds of thousands of dollars by this doctor whose deal and negotiations went bad with reading's father. gregg: you know, brian, the doctor's name is munir. he suddenly fled the country of after the murder, and yet he is paying the defense bill of the accused. so that's pretty incriminating, isn't it? >> i think it's horrifying evidence for the defendant in this case, ms. park. i mean, the fact that he leaves the country right after she's arrested signals that he knew that she was sent out there to

burden juliana reading. and i think, also, there's a clear motive here, gregg. almost a million dollars was transferred into park's account. i think this case ought to be elevateed to a capital murder case -- gregg: right. >> and if she's convicted, she should be subject to the death penalty. gregg: the question is what was the doctor's motive? well, he was engaged in business negotiations with the victim's father -- >> right. gregg: -- that went sour. and five days later the daughter ends up dead, killed, murdered by somebody. >> right. gregg: and so there's his motive. my question is, when are we going to get him yanked from wherever he is, i think he fled to lebanon initially, and brought to the united states throughxtradition? >> right. and as far as we know, they could be working on that. but he certainly has a prominent role in this, because he's the money man. he's the person behind what i perceive as a hit that took place.

and another reason why this defendant is going down in this case, she didn't take the witness stand. it's the elephant in the room. you always tell the jurors it doesn't matter, it's the state's case, they have to prove it. but in this case this woman did not take the stand and explain how was your dna and blood in the victim's apartment? surely there's an explanation. she doesn't give one. gregg: yeah. and, brian, there's something else here. the defense attorney tried to argue to the jury, well, this is just a circumstantial case. well, as you know, you're a veteran lawyer, circumstantial cases are often a lot stronger than eyewitness direct ed cases, aren't they -- evidence cases, aren't they? >> for sure, gregg. and the lawyer for ms. park is comical, because this isn't a circumstantial case. there's clearly dna evidence. i think the most damning evidence is park's evidence of dna on the cell phone. it's chilling. julian that's trying to call for help, park grabs the cell phone. that's direct evidence, not circumstantial. so he's confused.

one last point though, i think what the da ought to do in this case, if she gets a conviction, i would go back and say, look, we won't sentence you to death, we'll give you immunity, but you give us that testimony we need to go after the mastermind. gregg: i think that's what's going to happen. faith, brian, good to see you both. thanks so much. jenna: and the hits keep on coming -- i guess no pun intended here, but maybe, in another murder trial we're following. the jodi arias jury get back to work moments from now deciding the convicted murderer's fate. but would a life sentence really mean life behind bars? it's one of the big questions for the jury. or, potentially, do jurors have to choose the death penalty to keep jodi off the streets, off the cameras for good? we'll talk about that coming up. eligible for medicare? that's a good thing, but it doesn't cover everything. only about 80% of your part b medical expenses. the rest is up to you.

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jenna: moments from now jurors in the jodi arias trial are set to resume deliberations on whether to sentence her to the death penalty or life in prison. yesterday the jury alerted the judge that after all this work, they were really having trouble reaching a unanimous decision on this one part of the case. this is after jodi arias made an emotional plea in court to avoid the death sentence. she now says that she's prepared for whatever in this jury decides. whatever this jury decides. >> i'm as prepared as i can be, i guess, in a situation like this. i'm not anticipating or expecting it, but if it comes, then that's a bridge i'll just have to cross. so if it happens, i'm going to feel really bad for what i've done to my family in addition to all the pain i've already caused, because i think that'll just cause more pain. and i don't think it'll give

closure to anyone, because what will happen if i get a death verdict is it will drag on and on and on through appellate courts for jeers instead of just -- for years instead of just getting this thing over with. jenna: there are some differences in those years if you are death row or in jail. adam houseley is live in los angeles with more on story that you've been following day in and day out for months and months, adam. >> reporter: yeah, jenna. we're almost through. just when you think it was going to end on maybe monday or tuesday with the final sentence, we're now at thursday, of course. and you mentioned there's a big difference with the death penalty, death row or life in prison. first of all, life in prison there's the slim chance she could get out on parole someday, and for all those at home that want to hear from her more, she could potentially have more jailhouse interviews whereas on death row that is not allowed. some people say that might be a reason to give her the death sentence. as they go through this case and hear her as she give cans

interviews, remember, this is a convicted murderer. and as the this goes on, there's been some questions about whether or not the jury has seen any of this. of course, they keep saying they haven't when the judge asks them those questions, and when they came back yesterday, the judge asked them have you seen, have you heard anything, and no one raised their hands. at that time, travis alexander's family some of them were crying because the jury said they could not come to a decision. they couldn't come to that after seven and a half hours, they still couldn't come to it. that was the end of the day yesterday. but the judge did give them some instructions yesterday that might help them move along in this whole process. take a listen. >> i have some suggestions to help your deliberations and not to force you to reach a verdict. i am merely trying to be responsive to your apart need for help -- apparent need for help. i do not wish, nor intend to force a verdict. each juror has a duty to consult with one another, to deliberate

with a view to reaching an agreement if it can be done without violence to individual judgment. >> reporter: jenna, by my watch they're supposed to start again in seven minutes going again, trying to make the decision. now, there's a couple things that can happen. one, they can be deadlocked. the judge can keep sending them back, if they're still deadlocked, the prosecutor has a decision to make: life in prison or a whole new jury just for this penalty phase? that means jury selection and everything. that, potentially, could happen. jenna in. jenna: we'll see what they do. thank you, adam, and we'll be right back with more "happening now."