the children and ushered them out and said kids, don't worry. we will take care of it. everything is going to be okay. >> kristin dahlgren is live from los angeles. you have been watching along with us. there was more testimony then from this guard today? >> yes. roberto alvarez is potentially the most damning witness for a couple of reasons. he did call 911 and a short time ago they played that call in court. they said they had a gentlemen there unconscious and not breathing. he was asked where the gentlemen was and he said on the bed. the dispatcher told him to move him to the floor to commence cpr and he said there is a personal doctor who has been doing cpr. that's significant. he also talked about how he only made that 911 call after he was ordered to get rid of some of

the things in that room. listen. >> i was standing at the foot of the bed. he reached over and grabbed a randful of vials and reached out to me and said put these in a bag. i opened it and he placed the i havals in the bag. >> he testified that he took down an iv bag that was in the room with a bottle of propofol inside. he saw tubing going from that iv bag to michael jackson's leg that dr. murray according to him pulled out as they were moving him on to the floor. he also saw a catheter on michael jackson. that's the latest from alberto alvarez. he is on the stand and we expect to hear from the personal chef who was in the kitchen and dr. murray yelled to her that something was going wrong and didn't ask her to call 911. we will hear from the paramedic

who is arrived on the scene. it appeared that michael jackson had been dead for about 20 minutes and murray said he recently lot of consciousness. >> there was a timing of when the doctor called 911 and called the assistant first? >> he called michael jackson's assistant and made a call to the security, trying to get them up to the room as well. there were several calls according to his phone records he made before ordering anyone to call 911. he called 911 and after he put the propofol vials into the bag. there was a lapse of about 20 minutes that the prosecution said before they called 911. >> compelling details in the testimony so far. kristin dahlgren following that for us. let's bring in more advice and more understanding of what's happening. joining us now is mark geragos

who once defended michael jackson. thanks for being here today. the bags within the bags with the vooils and a saline iv ba bagvi bagvialhe is trying to establish he was ordering the clean up of the scene rather than attending to michael. that is going to show a consciousness of guilt. >> we have this 911 call and i will play it for you first and get your response. we don't have that yet. we will have that piece of sound. here it goes. >> let me say one thing.

[inaudible] where is he at? >> he's on the bed. >> put him on the floor. >> all right. >> [inaudible]. we have a personal doctor here with him, sir. he's on the bed. >> you heard that last part. doesn't sound like he is doing anything. what's your thought? it doesn't sound good for conrad murray. >> remember everyone keeps saying he was not calling 911. that can cut both ways. who better to have than a cardiologist and why do you want to phone in for emts and you have a cardiologist there and you heard on the 911 tape he said he has a personal physician

with him. if he realized, conrad murray realized at the time he had flat line and he was out and not much more i could do, that will be his position. i'm not so sure that's the major hurdle for the defense. >> what are is the major hurdle? >> i think the problem the defense got in this case. they said in opening statement they will bring in the father of propofol. on cross-examination, is he going to admit that administering propofol for iv drip in your house is something that is the standard of care. if he said no, case over. >> we will be watching along with that. the live pictures there on the left hand part of the screen vial alvarez on the stand. a u.s. man with a physics degree is in federal custody accused of plotting a massacre in the capital. a 26-year-old who lived in massachusetts plotted to destroy

the u.s. capitol and pentagon using remote control planes loaded with explosives and shoot people as they fleed the bombed buildings. he was busted yesterday who had been tailing him since last year and said he was planning to kill as many americans as was possible. joining me to talk more is our analyst. evan, officials say he went down. did he see himself? he was taking pictures of the pentagon. how close was he to undertaking this plan? >> he didn't have explosives. the c 4 delivered to him was inert. the fbi had a good tie on him this entire time. that being said, you can't under estimate what's alleged in this case. you have someone here, a lot of homegrown terrorism cases and you get guys who look like nit wits. this is someone with a physics degree and someone who was capable and did put together a

remote detonator using cell phone parts. this was someone who put together model airplanes and came up with a coso 50icated scheme. at least what's allege side a little bit more than what we tend to see. >> what do you think? is this what the president has been talking about with reshifting the strategy with going after the lone wolves? >> i think it's exactly what president obama has been talking about. there is a threat from organized activity vial in yemen and al qaeda central vial we have to understand that there is this ideological movement as well vial it's not a vast movement or thousands of people. you are talking about needles in haystacks. a few people here and there vial. >> unorganized. >> disorganized and decentralized. it doesn't take a ph.d. to murder somebody and a large number of people to carry out a terrorist attack.

even the small numbers can pose a threat to u.s. security. they are already here. they are inside u.s. borders. when they get access to explosives and come up with a plan like this. >> many times indoctrinated by information and video over the internet. thank you so much. >> in decision 2012, a new poll showing a new leader in the gop race. rick perry ratching up attacks on ben bernanke. mark murray joins us live from washington. the latest poll showing mid-romney pulled ready of rick perry. >> it's important to note the contests come after tough debate performances. you end up having mitt romney in the lead. it is worth noting that 23% he gets in the poll is unchangeed from where he was in the poll a

month ago. not a lot of movement where the movement came from rick perry lost about 10 percentage points and he is at 19%. it's worth noting that you end up having herman cain at 17% vial good news for mitt romney and bad news when you add up the 19% by rick perry and 17% by herman cain. that is more than romney's 23%. >> perry remaining defined when it comes to the platform mark. today a cnbc interview, rick perry renewing his attack on ben bernanke saying they must be more transparent. let's listen to what he said. >> the statements towards chairman bernanke need to be clear to him that making policy is bad public policy.

that's what we are seeing. a fed that is getting involved in things that does not need to be involved. >> would you reappoint him if you became president? >> no. we would put someone in who actually believes that the private sector is how you stimulate the economy, not by printing more money at the fed. >> mark, where is he going with this? is this just about bernanke or more of a threat, a broader consideration? >> remember he said something similar where there is a treasonous action. you see perry trying to tap into the vain of the tea party to boost a lot of things. it might have been dinged up a little bit after the scrutiny of his record on immigration or the hpv vehicle seen. you can see this assault as a way to boost up his credentials with conservatives and tea party

ties. >> as always, thank you. >> in all of her letters she told me she wants to feel grass. she wants to lay down and put grass in between her tos and her fingers and feel sun light. >> amanda knox is days away from learning if she will be freed from an italian jail. they called her a gymnastics of a tragic judicial case. the latest from italy next. grave yard ploy. accusations that a high school football coach brought his players to a cemetery after losing the game. apple may be losing a couple of ipod classics vial [ woman ] jogging stroller, you've been stuck in the garage, while i took refuge from the pollen that made me sneeze. but with 24-hour zyrtec®, i get prescription strength relief from my worst allergy symptoms. so lily and i are back on the road again. with zyrtec®, i can love the air®.

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amanda knox's attorney argued that knox is an innocent girl saying crucified in the media and wrongly convicted of killing her roommate. knox herself is getting ready to address the court. chapman bell joins us live from pe rusia. when might it happen? >> it could happen any day. tomorrow is the rebuttal in the trial after the closing argument for each party involved in this criminal appeal, we are expecting that it would happen after rebuttals and maybe tomorrow or saturday or as late as monday she could address the court before the two judges and six jurors in the appeal make their decision if she spends the rest of her life behind bars or set free vial today in court, we heard from knox's legal team and

pointed out that they gave an out to the prosecution saying a mistake could have been made in the original trial. that's why the italian system has a follow-up appeal to all of the first trials and hearings like this. they opened it up to the prosecution to say hey, there was a mistake made and that's why we have this. they focused on the dna that was discredited earlier in this appeal by independent experts. they didn't focus on it because they feel the panel already did this earlier in the trial and focused on the circumstantial evidence and defended knox's character which took a bashing in the civil party lawyers as well as the prosecution. they tried to defend her character saying she is not this evil woman and didn't commit this crime. one attorney gave an emotional

plea pointinging at her family saying they are here to support her and want their daughter and sister back and brought much of the family to tears. even the lawyer himself. very emotional and he will continue to be emotional. amanda knox has been thinking hard and long about what she is going to say when she addresses the court. >> busy several days ahead. thank you. >> school officials in upstate new york are investigating a story surrounding a jv football team. after losing a game on saturday, the junior varsity squad stopped at a cemetery and what's unclear is what happened once the bus stopped. they claim the players were forced to lie on graves while the coach stressed how badly the people would love to trade places and get a second chance. next our talk showcase who is an

msnbc contributor. you are smiling there. let's say one side is saying if this did happen, is this going too far trying to reach the results? i'm getting the sense you are going to say yes. >> i'm sitting here and saying i love coming on msnbc every day to talk about the news. i am totally flabbergasted. i have no idea what i should say. one of the thoughts is we are not going to know until this coming weekend whether it worked. >> we will have to wait until saturday or sunday. you and i could talk about this. some folks are playing out of the box thinking, trying to inspire the team. >> the whole idea that the bus pulls over according to the one could and these two dozen players lay on the graves and the coach is lecturing them out of a move i. imagine that the people beneath you would love to trade places

with you and they would like to fight and win and we have to raise our season from the grave. it's insanity. if i were a parent, i would be laughing and crying. >> let's play devil's advocate. they took no action on the coach. some are saying you have to judge the entire coach's body of work here. they continue to win. it might be good vial it might be okay. >> maybe it's the ultimate learning experience. maybe there is more to it. they will have a press conference. i love to know what the other side. i don't think i would fire him for it. i want to make sure he is playing with a full deck. >> something not going to be a laugh. you and the president. tomorrow and thrilled it will be here on msnbc. live on the radio program and not about upstate new york and the football team. >> as you said it would be

covered live. always good to see you. >> thanks richard. >> still ahead, a group of senators to meet with you new leaders. the highest rank with the group. >> cashing in. forbes releases the list of top-paid tv actresses. find out who topped the list vial blap

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will he be brought to justice quickly. part is to just get an assessment on the ground and talking to aides. they went it a hospital and a prison in addition meeting with the officials. to give you a sense of what it means to the senators and why it's important, here's what john mccain had to say to cameras earlier today. >> they inspired the world. they turned cynics into supporters and paid an enormous price for freedom and sacrifice of the libyan people delivered the great nation to the shores of the new world full of new hope, a chance for all libyans to know lasting peace and dignity and justice. >> one of the great challenges for countries struggling with the spring and the movements of revolution that brought about a big change is what happens next when all of the jubilation in the square ends. that's part of what the delegation wants to try to show as an ongoing support from the united states. always controversies and how

much it should be and how much support should go through nato to help this country as it tries to kind of reset itself. this is a way for members of congress to see things on the ground. we talk about members going on vacation. when they use these recess weeks, this is one of the trips they take. service members to go and meet in critical hot spots around the world. you see four republicans, usually democrats involved. in this case you have one of the rising stars the party in florida who joined in. >> you talked about gadhafi. any word on his where knows? >> nothing new we got through the visit there, but certainly john mccain said to people on the ground that he believes the u.s. is actively sharing intelligence and interesting to cooperate with them and certainly with this new ntc as it's known, the transitional council forming a new government. he tried to be supportive of that and this was a way to show that support.

to get reality check from being on the ground that they can bring back to influence their colleagues in congress about support one way or the other as libya tries to move into the next phase. >> great to see you. >> good to see you, richard. >> turns outlaw makers and eight out of have a twitter could. who tweeting more. a federal judge upholds most of the immigration law saying it's the toughest state. more on news nation.

>> welcome back to "news nation." immigration crack down. a judge upholds the far reaching law making it the strictest state on immigration. deadly outbreak. they warned listeria by tainted cantaloupe might be more widespread. fight for custody. a father of a missing mother

learn fist he will be able to keep their children. a man lost his job because he weighed 680 pounds and he is suing his former employer. now to a set back for the obama administration as a judge upholds most of the provisions in the controversial immigration law. they challenged the law, the toughest in the country. they allow police to stop suspected illegal immigrants and detain them if they do not have documentation it. allows for immigration checks on public school students. lawmakers are labeled racist because alabama is not a border state. kerry sanders joins us live from birmingham. you spoke on the notion that this law is racist and how did he respond to that issue? >> he's extremely sensitive to the idea of that. he said of course there is the history in the south specifically in alabama with discrimination.

of course this community is well aware of that and he bring this is law. it is now past test with the federal appeals judge. the question is whether the law will be implemented. one of the questions ultimately here is how it will be put into play. today the police are not out implementing this law. teachers are now out implementing the law. it developed as passing the federal test. as you noted, a police officer has the authority to pull somebody over say for reckless driving or drifting over the center line. maybe somebody is jay walking. after they pulled him over or detained them for a minor infraction, they then can go to the next question which is one about immigration. do you have your papers or are you here legally. show me that you are here legally. that's the big question. it suggest that is it gives the authority for officers to profile vial they can look at

somebody by the color of the skin and the way they are dress and walking and dharm they are not somebody who is and i will use this liberal quote, somebody who is american. it makes things very difficult for people who say i'm here legally. i don't want to go through this. more importantly, they are here illegally. they say i'm paying my taxes and doing everything i should be able to do in this country. this is a federal law. now the state authorities are starting to enforce federal law. this is what scott had to say about that idea of discrimination. >> the challenge we are faced with is any time if you are from the south from alabama and i'm from birmingham, any time someone disagrees, they cry racism. if you are in alabama or the country illegally or africa or whatever, the law will apply to you. >> it's estimated there may be

upwards of 130,000 immigrants in alabama who are here illegally. it's unclear whether there immigrants who today have decided to pack up and leave. i did speak to one person from el salvador and came here four years ago after crossing the dert making her way here. she came here for work. she has been relatively low key. she works jobs like maid work and taking care of children and sends about $1,000 a month back home to keep her family fed. really what this law in alabama told her today is it's a message of hate and a message that is telling her to get out of the state. of course the state senator would say that's what this slaw intended to do. to tell her to get out of alabama vial. >> let's bring in alvin holmes.

>> alabama state representative, not congressman. >> is that correct? >> that's correct. >> thank you so much for being with us. how do you respond to what kerry was talking about? that is amanda who took this as a message of hate vial. >> at the present time the state of alabama since the republicans have taken control of the alabama legislature, the state of alabama is dripping with racism and trying to get this back to the point it was during the 50s and the 60s vial in the state of alabama unless you are white anglo saxon, you are treated as a second class citizen, you look at blacks and they look at hispanic people as second class citizens and they will do everything they can to

make hispanic people feel uncomfortable and get them out of the state. all of this. >> state representative, what they will say is they are concerned about the immigration policy that exists. they are trying to enforce laws and create laws that take care of those individuals that are not in the state legally. >> they don't enforce that law against whites in the state. if whitehouse are here from european countries, particularly the western european countries, nothing is said. it is not enforced against them vial it is only enforced against the haitian and other people in the country of color vial it is not enforced against white anglo saxon people in the country illegally. >> there also provisions that

were not upheld. perhaps that might be saving grace for those who are critical of what this law represents. >> there some provisions that the judge declared unconstitutional. they were not the real, real issue of the video. the real, real issue of the bill of police officers having the opportunity of racial profiling and putting the burden on school teachers to determine whether each student is in the class legally and in the country legally or not vial so they upheld the federal judge. when the legislature goes in session in february, i'm going to introduce a bill to repeal the entire bill. because the bill is not -- >> we have a support? >> no, i have the support among

the caucus members and democratic caucus members, both the black and white and some republicans. >> i appreciate your time and no doubt it was a very controversial bill being discussed in al bam a. thank you very much. i appreciate your time. state representative alvin holmes. >> thank you for having me. >> new damage tops the look at stories around the nation today. >> they are examining the washington monument for more cracks even though they believe the site is structurally sound. an investigation into police conduct is open in new york city vial this after several videos surfaced on line with officer who is appeared to shoot pepper spray in the eyes of several female bystanders. rayicly is skeptical of the videos. is the ipod about to be extinct?

really? already? according to an unnamed source, the tech company plans to stop production of the ipod classic and shuffle in favor of the nano and touch. the unofficial news comes a week before apple unveils. the husband of utah mom susan powell has lost custody of the couple's young children after officials questioned whether he is responsible for his wife's disappearance almost two years ago. we have the latest in tacoma, washington where josh powell has been living. >> they were taken from their father, josh, after susan powell's father in law steven was arrested on charges of child pornography and voyeurism. steven powell is here fighting several felonies while josh fights for custody of his children. yesterday a judge ordered that custody of his two young boys go to susan's parents, chuck and judy cox.

they were living with josh powell and steven powell and as you may recall, last week police raided steven powell's home and said they found over 1,000 images of women and many of those photos taken secretly. some showing two young girls as young as 8 and 10 years old nude. in court it seemed investigators tried to indicate that josh powell may have been involved in those pictures vial. >> mr. josh powell indicated to the cps investigator that he does take pictures of people's legs in public without their knowledge. in court, josh shot back. >> i do not take photos of people. i certainly do not take any photos of any persons body parts. >> josh's wife susan went missing in 2009 on the same day that josh told investigators he took his two young boys camping in a snowstorm. he was never named a suspect, but he was name said a person of

interest though he denied involvement in the case. the family feud between josh and susan has continued ever since that disappearance and now it's heightened in the custody battle. both will be back in court in the coming weeks. >> thank you for that report. coming up for you, why a couple of internal who is worked on that movie black swan are suing the production company now. we have the scoop. first, there is a lot going on today and here are things we thought you should know. the men and women who inhabit the halls of congress use social media more than your average 20 something. that's a headline by the internet and american life project and found republicans are better about tweeting. 86% of the gop tweets and 75% of democrats tweet. a separate study to stel you

about. they found despite the commentary about poison politics, this congress this year right now actually is one of the more polite in history. really? which group of lawmakers was less civil? it appears to be a tie between the 79th congress in 1946 and the 104th congress in 1995. a former president was spotted in a washington, d.c. gym earlier this week. former president george w. bush stopping by for a quick one-hour work out and posing for a couple of pictures with the staff vial those are the things we thought you should know vial [ male an cer ] this is coach parker... whose non-stop day starts with back pain... and a choice. take advil now and maybe up to four in a day. or choose aleve and two pills for a day free of pain. way to go, coach. ♪ ♪

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20% of participants reported symptoms of insomnia. they accomplished less because they were tired vial. i'm martin bashir. russell simmons growing by the hour. a do nothing congress does something about a woman's right to choose. michele bachmann's strange grasp of global politics. you have to hear it to believe it. >> thank you so much. at least 16 people ever dead. dozens more are sick and the centers for disease control said there is no imagine i understand in sight linked to shipment of tainted cantaloupes. the ripple effect success felt in 18 states. tom costello is tracking the story for us vial. good afternoon to you. this is a pretty serious concern and the federal health

officials. as you probably mentioned throughout the morning. the deadliest outbreak of foodborne illness in a decade. here's what we know. about 18 states are now known to be affected and we are talking about from california to florida. from maryland to montana. a cross section of the country. at least 70 or so people already ill. there is a discrepancy on how many have died. by one account 13 and by one 16. the bottom line is that this is from cantaloupe that has come from the rocky ford area of colorado. specifically two different farms. the jensen farm is one label you might see on a cantaloupe or frontera produce brand. the farms frontera produce. if you have a cantaloupe that has come from jensen farms or labeled as frontera produce, throw it away.

if you have one that doesn't have a label and you don't know where it came from, throw it away. listeria is very, very serious. the fatality rate from listeria bacteria is 25% versus 1% for salmonella. you can see why they are so concerned. the company said they shipped 300 cases of cantaloupe and it doesn't know how many of them now have been destroyed. it doesn't know, for example, how many might still be sitting in a refrigerator or something like that. it doesn't know how many people may have already eaten a contlope and haven't been sick. health experts say it could be several more weeks. since 1984, there have been 1,000 illnesses from cantaloupe and this is the first time that listeria is known to have been in cantaloupe or at least in the rind.

the recommendation is if you have a cantaloupe and you are not sure where it came from, throw it out. if you came from this farm, throw it out as well. the cdc keeps track of the spreading outbreak of illness. back to you vial. >> a lot of people concerned about that. tom costello with that. a group of former interns are suing the makers of the film black swan and gives us the lowdown on the highest paid ladies on and a creepy sequence for a terrifying series about all that. let's get the scoop from today.com's columnist. interns. >> i'm not sure what your internships entailed exactly when you were doing that. most end up involving coffee and lunch orders and things like that vial two interns on the movie black swan are suing fox like the production and asked to go beyond that and do things

that they just shouldn't have been asked to do like taking out the trash and collecting receipts to be used for expense reports and that sort of thing vial a statement from one of the interns said when i started looking for opportunities, i saw most people accept an ugly trade off. if you want your foot in the door, they have to do an unpaid internship. what the guys are saying is on behalf of all interns out there who are oppressed and not paid. that's kind of how it is. they are looking for unpaid wages and we just learned of the litigation and not had a chance to review it. listen, i feel like i'm happy to still get coffee from people vial it happens. >> i still do. >> some of the duties they talked about seemed ridiculous and you should walk away learning something. it goes back to the unpaid

internships as a thing of the past. >> how extreme it can get. people want to get their foot in. >> folks are being paid a lot of money. forbes has a list of highest pate actresses on and uponing to the list is one personal favorite. tina fey making $13 million a year. eva longoria makes $13 million and juliana margolese is number 10 with six million. basically we hit a peak with friends money years ago. >> big money. >> $13 million a year. every year i think you will see this gross dollar amount go down and down. look at tina fey. she helped create 30 rock. she was one of the writers and the actresses. it's impressive to watch the numbers.

>> let's talk horror. >> love this show coming up. it hasn't premiered yet. i think opening credits are one of the unsung heros and said so much about the story. take a look at american horror story. >> this gets a stranger in there that you are used to seeing on network television at 8:00 when it's still family hour. it should be a great show vial. >> it is well produced. appreciate it. all the latest for us vial be a fan of the scoop on facebook. i will get coffee. we'll be right back. [ agent ] so your policy looks good, is there anything else? why did you buy my husband a falcon? thanks for the falcon. i didn't buy anyone a falcon. sure, you did. you saved us a lot of money on auto insurance. i used that money to buy a falcon. ergo, you bought me a falcon. i should've got a falcon. most people who switch to state farm

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>> time for today's gut check. a texas man is fired from his

job after 16 years and said because he was too fat. ronald kratz weighed 680 pounds when bae systems let him go two years ago. the father of three said he was able to do his job without special accommodation and got high marks. his employer said he had trend bending, stooping and kneeling. they said he did not need to do any of that because he did his work at a raised platform. he described his reaction when his rep told him he was fired. >> i said really? i said i have been doing my job. they said we know that. >> kratz filed a complaint with the equal employment opportunity commission that investigated his claims. they violated disability laws by

terminating a morbidly obese employee. they will respond at the property time and manner. what does your gut tell you? should shhe have been fired from his job when he weighed 680 pounds. go to "news nation" to vote on that. we can't wait to hear from you. that does it for "news nation." martin bashir is up next. stick around. me antacids. we're having mexican tonight, so another pill then? unless we eat later, then pill later? . snack, pi late dinner, pill now? aghh i've got heartburn in my head. [ male announcer ] stop the madness of treating frequent heartburn. it's simple with prilosec otc. one pill a day. twenty-four hours. zero heartburn. no heartburn in the first place. great. [ humming ] and my job is easy. hide big things. you're good...

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