talking. >> i love this state. trees are the right height. i like seeing the lakes. i love the lakes. >> maybe i should just do all the talking. we begin as voters go dto te poll this is primary day and in michigan where mitt romney faces the biggest test of his campaign where his native state is up for grabs. there's much more than delegates at state for romney as he crosses the state in a hope that he will dispel gaps. today, romney took a gentle swipe at his rival rick santorum and some of those recent fiery remarks. >> it's very easy to excite the

base with incendiar remarks. i am who i am. >> can romney survive politically if we were to losemy? it's a big question and open-ended question. romney may try to pin the blame on dirty dealings going after a santorum campaign, robo calls that's urging democrats to vote rick. >> i think republicans have to recognize there's real effort to kidnap our primary process. if we want republicans to nominate the republican who takes on barack obama, i need republicans to get out and vote and say no to the dirty tricks of a desperate campaign. >> if romney's worried about the threat of a robo call, if he's not willing to set his hair on fire, he may want to set his sights on the man who got

audience on fire at the mention of buying car. >> even though secret service wouldn't let me drive. i bet it drives real good. five years from now, when i'm not president, i'll buy one and drive it myself. >> all right. he's going to by just one. let's bring our triple panel in today. we have jonathan capehart and david corn. it's nice to have all three of you here. i want to start with you, david. mitt romney in the fight of his life. suggesting a robo call could lose this for him. how bad that he still faces this degree of uncertainty as we're now into the final hours? >> i'm still worried about his hair catching on fire because

god know what is will happen then. listen, robo call, he's like the robo candidate. he makes this complaint with very little passion. sounds like he's whining. the only thing of romney being in the lead is romney not being in the lead. everything that is wrong with his candidacy has been brought to bear. he can't get people riled up. he starts complaining in technical terms about santorum making robo calls. santorum is going out there. he's finding social conservative voters that believe in his cause. romney is not finding people out there who want to wave the flag with his name on it. he's talking about trees and powdered sugar. it's pathetic. >> is romney is comeback kid with new momentum heading into

super tuesday or is it aww shucks, david won. >> i don't think any part of rom nigh is catching on fire. you're looking at a guy who should not have been in this tight of race. a lot will depend on what the spread is. if he blows out santorum this evening in michigan and takes arizona then people will breathe easier on his campaign. if he squeaks it out in michigan, that's great, but people will still be wringing their hands about why he can't close the deal. >> the president got a big laugh line after going after his opponents stance. >> you got folks saying the real problem is what we really disagreed with the workers. they all made out like bandits. saving the auto industry was just about paying back the

unions. really? even by the standards of this town, that's a load of you know what. >> all right. this was a crowd where he walked in. he had them at hello. >> right. >> when we say romney and santorum can ding each other about the bailouts specifics, did the president show why he can deliver this knock out punch in michigan come november. >> certainly. we saw the evidence of that in the nbc news marist poll that was released last week. when likely republican voters in today's primary contest were asked if they thought the bailout was a good idea, a majority of them said no. when all registered voters were asked that question, a majority of voters said yes. a lot of those people, those registered voters are union people, auto workers, people who are somehow connected in some way to this auto industry. it's extremely popular in

michigan and certainly among the audience the president talked to. >> david, i want to get back to the santorum campaign and robo calls urging them to shake off their college indoctrination. romney explained his vote for democrat in this way in '07. we don't have this but we have the read. when there was no real contest in the republican primary, i'd vote in the democratic primary, vote for the person who i thaugd would be the weakest opponent for a republican. that being said for mitt romney. what's so good for the goose is not good for the michiganer. >> you're accusing mitt romney of flip-flopping. i won't stand for that. of course it's all tactical. mitt romney who knows nascar owners, not fans, whining about rick santorum mounting a few

robo call after the millions of dollars sments. it doesn't look good. he doesn't look like a strong leader. if he's trying to set up a reason for losing or not winning because of one set of robo calls, it shows once again the guy doesn't have the touch. >> thomas, here is why mitt romney is whining in the 2000, the republican primary fight between george w. bush and senator john mccain, democrats voted in the republican primary to send a message to the then republican michigan governor about how much they didn't like what he was doing in the state and george bush who was the mitt romney of that time, meaning the money favorite establishment candidate was handed a loss by

michigan voters largely because while bush won the republican vote in 2000, john mccain won the democrat and independent votes overwhelming which pushed him over the edge. i give you this history lesson because mitt romney who is a born and raised michiganer is within the margin of error. he's statistically tied with rick santorum in michigan. >> this is still his home state as you say jonathan. there's no excuse. he should be 20 points up. >> exactly. >> and the trees are the right size. >> those robo calls that rick santorum is making right now to democrats in michigan, could very well be the thing that pulls santorum over the line to hand mitt romney one of the biggest embarrassments in primary presidential history. >> all right. michelle, i want to get you in here because i want to talk about the rival here. romney might say he's setting

his hair on fire, basically a dog whistle casting baited lines. take a listen to the latest attack. the line used on the obama administration. >> that's how they see him. a group of people to be hooked like fish, like mindless fish who can just be snagged, and then pulled around where ever they want to take you. >> is that a pitch that's going to be work being told your mindless, so don't get on his hook, get on mine? >> what he's hoping will come out of that message is this idea, which is very popular with the republican party, that the elitist democrats are trying to treat you like you're stupid or -- >> they learn that in college, don't they? >> that's exactly where we learn it. it's exactly where everybody learns all of their satanic ideas according to santorum. he can't help himself. he takes very straightforward conservative ideas and ratchets them up until you can't quite

figure out what he's trying to say and not sound crazy. >> we shall see how everyone does today in michigan. great to see all three of you. thank you. >> thank you. stay with us. much more ahead right here. >> see what's in here. what's up here, and what's burning down here? >> it's hot in here. ahhh! ♪ sweet, nutty crunchy nut... can't wait 'til morning.

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welcome back. in the world according to santorum, president obama is a snob who doesn't support religious freedom and imposing a phony theology on americans. he is questioning the president's faith. the former senator accuses president obama of placing the earth above man and says he is holding to radical environmentalists. santorum may have out done himself with remarks that he made about energy policy at a rally in michigan on monday night. take a look. >> the lower the energy costs, the higher the standard of living. it's one of the great things that made america successful. now we are deliberately lowering our standard of living, deliberatedly causing unemployment. why would the president do that? >> congresswoman sheila jackson lee is a democrat from texas. she joins me now live from capitol hill. it's nice to see you today. >> thank you. it's my pleasure to be with you.

>> we're going to talk more about 2012 in a moment. i understand you have something you want to talk about involving a report in syria. >> thank you very much. you can see this picture of a dead child. i went to the syrian embassy today. the slaughter was unceasing and enough to cause for a coming together of a number of individuals around this issue to demand that the president there steps aside and allow the western reporters bodies to be brought out along with those injured and create a safe place for women and children and a cease-fire. i'm told that will my letters will go off and i urge that there needs to be immediate response to these crisis that are pending, dead children in the street and the crisis of violence and the lack of western reporters able to be returned to

their families, those that lost their life and those that are injured. i insisted of them to be able to retrieve the dear souls. this crisis is now reached a major level and president obama and secretary clinton have been at the forefront of trying to bring this to a resolution. i join them in doing that. i want a safe place for women and children, and i want those loved ones to be returned, those deceased person, those western journalists to be able to come home toll their loved ones. >> the united states criticizing syria's representative of storming out of this meeting. >> it's an outrage. they are going to hear from members of congress beyond just myself. >> we have you here, i want to talk about domestic issues that are taking place with today's primary specifically the rhetoric, last month the unemployment rate hit a

three-year low. do you have any idea what rick santorum is out there accusing president obama of deliberately causing unemployment? >> in all of my short tenure and the number of presidential campaigns i've had the privilege as a person that participate in democracy to participate in, this is a campaign filled with a major foot in the mouth disease. we cannot understand it. first, rick santorum takes to the most ridiculous comment about anyone seeking opportunities for children, young people, families to get an education then we're now calling them a snob. we're talling latino parents and african-american parents and caucasian parent who is seek an opportunity for their children or those that want to be retrained as snobs. that's what you call foot in the mouth disease. then when you attack the president for an international

fema phenomenon, the crisis in libya or the status of the condition in libya, the instability of iraq, all of these play into the international energy markets and any economyist will tell you that. if he listen to the president speech a few weeks ago, the president announced opening of da additional acreage. they did not say no. they said they needed more time. we just heard the company in canada is going to begin building from oklahoma to texas. i don't understand when you're running for a series office, like the presidency, why you want to dwell on a foot and mouth disease where you're not speaking truth to power to american people. >> when we talk about this, and it is dangerous rhetoric that's out there on the campaign trail right now, what does it say to you about an america that would

resonate, that would allow this to continue where we see a person in the capacity of a rick santorum getting so close to potentially running for president of the united states? >> i'm going to welcome diversity of thought and speech. i'm a big believer in the first amendment. i want rick santorum to have a forum of speech. we have to hold him responsible for his speech. if he's seeking the presidency of the united states, he cannot suggest that the only element is a far right element that he plays to and creates divisiveness in a primary. all of america is listening. all of the world is listening. i'm going to hold mr. rick santorum responsible for a nation that has been viewed by the world as a shining star, as a place of hope where people have opportunity, where reason

talk is the call of the day, where the civilians control the military. we're not calling upon the overthrowing of the government every moment, and we have a decent amount of respect for those who govern. not that these people cannot be challenged, not that i cannot be challenged, but we recognize that government is of the people. we listen to the people's criticism. what rick santorum is doing is creating a divisive divide that cannot be brought together. what does he expect when he might ascends to the nomination of the republican party, and he comes out for the general election. does he expect to draw women? does he expect to draw poor people who vote, working americans? does he realize that president obama is now risen in the eyes of women as it relates to jobs and social issues? he's now leading in the vote for women. why? because he presented a sane, responsible and reasoned

approach to all america. for anyone to call someone, no matter whether it's the president of the united states or anyone a snob for promoting education, that's what was promoted by the pioneer who is went west. they built a schoolhouse as one of the first buildings they built so that the children of the west that were settling the west could go and be educated. the ex-slave what did they want most? an opportunity for education. what do immigrants want? an education. what do people who call themselves the first citizens, native americans and then those who came on pilgrims pride? what did they say they want? education. i think rick santorum should be held responsible for these untimely, inappropriate comments and my question to you, senator santorum, what group of americans to you expect to bring back to the fold when and if you are the nominee of the republican party to draw this country together. that's what a president is

supposed to do. president obama has done so. it's been tough. there's no doubt those that he has offended and these are championing him. he's a reasoned commander in chief who had made us more safe. i don't know what rick santorum is talking about. >> we shall see how it all goes. thank you. much more ahead on michigan and arizona when we come back. >> yeah, what a snob. obama thinks everybody should go do college like he did. pardon me, but some of us weren't handed a ticket to harvard by being the biracial son of a mother on food stamps. ♪ emily's just starting out... and on a budget.

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with 30 delegates at stake. the jensen issugeneral census i romney's race there to lose. they are saying this is mitt's race to lose being that it's his home state where he grew up. >> reporter: i'll tell you what, one thing mitt romney might be concerned about is a general malaise that i can feel in the air. florida was very energetic. iowa, new hampshire very energetic. it just feels different here. they are estimating at the end of the day, we might see only about 20% turnout. i would say a less than enthusiastic turn out by the folks here in michigan. last night, rick santorum packed them in. they had to use an overflow room. he's got some excitement out there around his campaign. there's no doubt about that. >> thank you. stay with us.

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we're following breaking news out of ohio this hour. we expect to see suspected shooter, t.j. lane, that's the suspect in monday's school shooting to arrive here. this is taking place a short time after a cleveland hospital announced that a third student has died from the wounds that he suffered yesterday morning in that chaotic rampage. again, we're getting information now there's this third student who has died. five were injured yesterday . they have lost three students from that school. jay gray joins us. this is procedural about the hearing. what more are we learning about the suspected motive of t.j.

lane, the shooter in this? >> reporter: absolutely. along the line offense a bond or bail hearing that you would see in an adult court. what we are learning is that around the 8th grade, he began to change and change dramatically, kind of withdrawn and didn't hang out with as many people as he used to, kind of a bit dark. those were their words. they say they never suspected he could turn violent. they did not believe that was something that was happening. one girl said when she spoke with him just as late as last week he was very kind, very nice. they had a good conversation. there's real surprise lingering here after what he's accused of doing. i think it's important to point this out, we're talking to teenager who is have been through a horrific event. they are still in the heat of that and relating what they can. it's going to take some time,

some realtime and real investigation before we have a real idea of a motive or what happened yesterday morning. >> what do we know about the conditions of the two other students? there were five that were injured yesterday in the early morning shooting. now we're hearing that the third student has passed early yerl today. what about the conditions of the other two? >> reporter: the conditions of the other two, we're told by hospital officials, are much better. they think they will pull out of this. that's the good news. it's been a real rough go for this community, a very tight knit community. they've really tried to ban together. they wrapped just about everything in this town with red ribbons, the color of the high school. they will gather tonight for another memorial. they will eventually return to classes on friday, but the staff and faculty will go back to campus tomorrow and grief

counselors will be in place there to help them as they work through the emotions. thursday, families and students invited back to the building. a lot of students say it will be very tough to go back to the place where all this happened, the cafeteria at the high school. they say they have too and look forward to strength in numbers. >> the superintendent was giving a briefing earlier today saying they want to invite faculty back tomorrow on this campus and thursday having parents and students come back and friday almost being back in session for school itself. are some people thinking this is too fast or is the community looking for that type of community solace to be together? >> reporter: i think there's a bit of both. there's a lot of people that say they need to be with others, especially the teenage students. they need to be back together

and work what's happened. there's a lot of parents that say let's slow down a bit. let's make sure we take the time to work through this. the superintendent of schools has talked about this as well and said if anything can be drawn from this horrible tragedy, it's the fact that we need to sit down and talk with our kids. we need to make sure we work through it and work through it verbally. that's part of the process that will begin tomorrow. students and parents make their way back. >> we are waiting for the suspected shooter to appear in court for his first arraignment. thanks to much. i appreciate it. >> reporter: thanks. i want to turn back to politics and the silver lining for the gop about mitt romney and rick santorum making so many gaffes is that it distracts from the problems that speaker

boehner is having in the house. joining me is brad woodhouse. i want to tell everybody what's going on. there's a lot with the kbgop primary taking place. the speaker is trying to generate some heat. here is a sample of what he said this morning. >> we've got a handful of environmental group, radical environmental groups, who've stood in the way of having a national energy policy all of these years. it's just about time that we have a national energy policy and do something that the american people want to do. enough of this. get out of here. >> all right. how much of a problem can republicans make for the president over what is a problem for many americans? it's high gas prices at the pump. >> sit a promise. it's about time that john boehner tell the truth instead of standing up in front of

congressional press court and lying about be president ice record. where was john boehner in the spring of 2008 when gas prices were over $4 a gallon under george bush. i'm sure you didn't hear a peep out of him. the fact of the matter is that under this president, oil production in this country is up. we're at an eight-year high. oil imports from foreign countries are at 16-year low. the president has an all of the above energy strategy. we see investments in solar wind. john boehner doesn't have his facts straight. i don't think the charges are going to stick. the president is working on all above energy strategy, but as long as we depend on foreign sources of oil, we're going to be subject to these price swings. >> let's talk about what politico today. it says his hands off leadership style has backfired.

how much of a risk would a newly empowered second term president obama be to boehner's leadership position in washington? >> i think it's anybody's guess whether or not john boehner would still be speaker. i think president obama is going to be reelected. i think we have a heck of a shot at taking back the house. i think boehner's leadership style and his ability to lead the house has left a lot to be desired for everyone. not just americans but his own caucus. he failed to deliver anything substantive to the american people. they haven't done anything with respect to energy or gas prices. he failed to get a deal with the president on a grand bargain over deficits. whips by a small number of people in his own caucus. i think this criticism seems to be fair. >> the fepeople around this country can say what the

president has delivered on. that's what the right would like to stall for the president high pressure polls showing he is doing better than romney or santorum. he beats romney about five points. beating santorum by six. how much does the president's lead factor into what john boehner and eric cantor want to bring up? >> i think one of the reasons you have see congressional approval so low is all the republicans have been focused on is taking down president obama. they have not been focused on doing what's right for the country. you can win at politics by doing the right thing and still beating your opponent. they just decided they want to play politics. they will try to set traps on the legislative agenerjegendage. few americans are paying attention in what's happening in the house republican caucus. they are paying attention to the campaign trial. >> if we're talking about high gas prices in february. that's got tot be a worry. february of an election year.

disapproval rating at 50%. that's seven points above his approval rating. how much is that going to hurt going into the summer driving season? >> i suspect gas prices are part of it. no one is more concerned than high gas prices than the president. that's why he does have this all of the above energy strategy. i think some of this has to do with the fact that there's millions and millions of dollars that have been spent by the candidates on the campaign trail on the republican side and by the super pacs attacking the president and distorting his presidency. we haven't cranked up the campaign dollars yet. we hardly had anything to say. all the attention will be on the republican side. at some point we'll have our say. i don't want to discount how much the president is focused on this issue of gas prices. it's one of the reasons he's pushing to speed up leases for oil exploration. it's one of the reasons he's

working to speed up the use of natural gas, which we're now leading the world. we're working on gas prices, i can guarantee you that. >> nice to see you today. thank you. >> thank you. >> we're going to be right back. we have come for the foul, unholy beast. the one with the red markings. the miracle whip? stand aside that we may burn it. [ indistinct shouting ] have you ever tried it? it's actually quite sweet... and tangy. ♪ i like sweet things. [ man ] shut up, henry. ♪

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so meet with us, or go to etrade.com for a great retirement plan with low cost investments. ♪ welcome back. it's a busy political day. we are keeping a close eye on the court arraignment situation of suspected shooter at chardon high school, t.j. lane. he is expected in that courtroom for his first court appearance. three students have now died after being injured yesterday in the shooting that injured five students, but three students have now lost their lives. we're going to keep an eye on that. we return to politics on this super tuesday primary day. i want to bring in our panel. it's good have you here.

j judson, let me start with you the r some of this stuff he said is pretty out thereto like j.f.k. makes him want to throw up the be president is a welfare pusher and a snob for wanting people to achieve a higher education. why isn't this hurting santorum? >> i'm not sure why some of it is or is not sticking. some of the sound bites, rick santorum of all people knows he needs to be careful with what he said. after what google and dan savage have done to him on the internet. when you throw out comments like j.f.k. speech makes me want to throw up. some of the things about obama pushing welfare is accurate. they have been subsidizing welfare. we have record numbers of

people. >> that's not pushing welfare, is it? >> if you're subsidizing it, what else do you call it? >> talking about education. it's a bad sound bite but a good point. that is we've got a lot of kids that don't necessarily need to go to college to achieve their dreams. we can look at people like bill gates and the late steve jobs. these guys were college drop outs and look what they did. >> they are the exception, not the norm. you would agree they are the exception, not the norm? >> they are the exception, but there's a lot of kids that don't need to be pushed into college, come out with $100,000 debt. i think that's the point he's trying to make. bad sound bite, good point. >> when we talk about mitt romney, he's been running for five years now. why can't he smack down rick santorum? do they scratch their heads thinking where did we go wrong?

>> if they're not scratching their head, they're beating them against the wall. this is not supposed to happen. it wasn't in the script it would take this long. i think three things have made the difference between now and 2008. the first is the fact that the party has shifted so far to the right that mitt romney is having trouble gaining traction. he's a moderate from massachusetts, conservative position, liberal state. tost not working this time in the primaries. the second factor is money. they can stick around because they have a sheldon adelson to bankroll them or a foster friess to bankroll them. they don't have to get out. they have the money to stick around. the third factor is the authenticity question or a sub category might be foot in mouth

disease. romney has had a real time relating today ordinary man. >> judson, you heard him bringing up sheldon adelson, he's been the daddy warbucks for newt gingrich. he's being compared to freddie d krueger, he keeps coming back. could we see the south rise again. >> newt has more political lives than a cat's got. especially with santorum, i think it's a little bit of a miracle that a couple of santorum's comment vs really not come back and done major damage to him. if santorum wins michigan today, romney's home state, one of his 20 home states, or however many he's got, romney becomes a loser

candidate, the guy that cannot win. that opens the door for gingrich to come back. he does well in georgia. santorum is leading in tennessee, but in tennessee you have a popular vote for a nominee and then you elect delegates. santorum has no delegates on the ballot. gingrich has got a lot of room to come back in and pick up some steam here. >> if we talk about mitt romney emerging in a sweep, taking the arizona, takingmy. he faces santorum who is leading in the polls in the all important state of ohio. some say a real challenge from gingrich down south. does he have a more bruising to come in this primary? is there anymore blood to be let? >> there's always blood to be let. romney has to be able to pick his way through arizona and michigan today. a bit of a trouble spot super

tuesday. he has trouble with evangelicals and white blue collar voters. i want to address one quick point. far be it from me to defend the white house because that's not my job but the notion of education being a snobbery thing, when we were growing up, when i was a kid it wasn't if we were going to college it was where. most parents want their kids to attend higher college because that's how you get education. most jobs require education. there's no longer fak factory jobs where you can make a living with your hands. >> we were saying the president's administration subsidizing welfare, the president was speaking to the eye ni united auto workers, but he seemed to take a hit squarely at

tea party politics. take a listen. >> they're out there talking about you like you're some special interest that beaten do. since when are hard-working men and women who are putting in a hard day's work every day, since when are they special interests? since when is the idea that we look out for one another a bad thing? >> unfortunately, we lost our shot with judson, but i wanted to get to him on the back end of that statement from the president there, a lot of people in this country have been counting on some form of government support. the president talking about the fact he didn't let the auto industry fail and he had the bailouts. now we're reaping the benefits of that bet in this country three years later. is that a challenge to the tea party? do you think the president taking that on and squarely taking shots at mitt romney and

how he's going to do in michigan today? >> romney better get used to this. especially if he becomes the nominee. he'll be hearing it over and over and over again. certainly, the notion that the united states has become a welfare state or the administration is prom gaiting welfare is a misleading fact. numbers have gone up because the economy has gone down. the welfare system has been in place the united states for a very long time. people have needed it. people have used it. it's not necessarily endemic or specific to this administration. >> joe williams, thank you, sir. i want to cut everybody to what's taking place in ohio. we're watching the arrangement hearing for the suspected shooter. >> the juvenile until we have had that portion, andly let you know when. you then may and what type of photographs you can take, if any. please respect that order of the

court. as soon as we have the juvenile here, we'll start the proceedings. but i want to not have those photographs taken. i believe he's coming down now. >> justment to remind everybody what we're watching. t.j. lane is the suspected shooter opening fire yesterday morning injuring five students at the time. three of those students have now died. one died yesterday. we had confirmation on that. two have since passed away today. the other two students are expected to make a recovery as we understand it from our jay grey, who we were talking to

earlier today. but the three young students that we can report that have passed are demetrius hulan. he died this morning. this news came shortly after the police chief had announced that russell king jr. lost his battle overnight. the first student that was confirmed deceased was daniel parmetor. yesterday morning at 7:30 a.m., t.j. lane opened fire with a handgun inside the school as students were waiting for first period or right after first period. lane was apprehended a short distance away from the school by his vehicle by authorities and taken into custody. the other students who were life flighted out, it was four boys, one female student. but again, the death toll from that shooting incident has risen to three today with the confirmation that demetrius

hewlin passed away this afternoon. the view we have right now, and they are not going to let us show t.j. lane's face, is of the judge priding over this it arrangement hearing. let's go back and listen in. >> present in the court today, representing the state of ohio is the prosecutor david joyce. prosecutor joyce, would you please either yourself or have the folks representing the state please introduce themselves to the court. >> may it it please the court. nick berling, from the police department here. >> thank you. the court notes that attorney robert faranochi filed with the court today a notice of representation that he's representing t.j. lane, the alleged defendant child in this matter. he is present in the court.

would you and mr. lane please stand? would you introduce yourself for the court. >> thank you, your honor. may it please the court, standing beside me to the right is the defendant, a minor child, t.j. lane. to his right is his aunt, nancy green. grandfather and legal custodian, jack nolan. >> and would you please either you or mr. lane tell us his date of birth for the record. september 19, 1984. would you confirm that t.j. is a resident of ohio? >> yes, your honor. he is. >> please be seated. the purpose of this hearing is called a detention hearing pursuant to ohio juvenile rule 7. a detention hearing is required after a juvenile has been placed in preventive detention and the hearing has to be held within 24

hours of the place of employment. the court will note that t.j. was placed yesterday february 27th, 2012, and that this hearing has been conducted within the 24-hour period. before the court will be the issue of whether or not under the rule that the child taken into custody shall be placed in detention or shelter care or if not considered to be a threat, return to his home. before we get to that specific issue, though, i believe there are some other discovery and other issues that are pending to come before the court. the court will recognize prosecutor joyce. do you have a motion? >> your honor, first i'd like to move for this court to place an order refraining all participants to this matter from discussing this case any further. >> thank you, mr. joyce.

do you have any objection to that motion? >> no objection, your honor. >> the court will note that the motion has been made by the state, not objected by defense, governs the courts as to the lawyers talking to the media. before i issue that order, i do want to also note that in a minute, we're going to talk about the media's access to the proceedings as they go forward and that the court understands the interest of the public in this matter due to the serious nature of the allegations and the right of the media to cover these proceedings, but the court would caution the media to try to be careful what the accuracy of facts as they are portrayed to the public for our ultimate goal here is to make sure that the public understands the truth of what happens, but we do not wish the proceedings to be used to mislead the public as to the factual basis of any allegations in the court. that having been said, the court issues the following order. the defense counsel and the

prosecutoring attorney are hereby restrained from issuing any public comments about the status of this case. this court will enforce this order with both the civil and contempt powers of the court. defense counsel and the prosecuting attorney will not discuss this case. it's my understanding, however, there are two exceptions. one is that prosecutor joyce will be having some explanation after these proceedings. and i have talked with the attorneys. if he feels that inaccuracies have been stated by the media that he will submit to the court a response for the court's review. if the court thinks it's appropriate to keep the facts straight in this matter, the court then would authorize such release of information. is that correct? >> yes, your honor. that is correct. >> is that correct? >>s that correct, your honor. >> that brings one other issue before we get to the detention issue.

multiple media sources, i believe we're up to 47, have asked to participate or appear during these proceedings. the court is well aware of the case law on this issue including the case that involved this court 12 years ago. members of the media should have received a copy of the order that the court issued this morning, february 28th, 2012, that spells out the rules for media participation in the court as well as should have filled out a form, an application, and received a copy of the local rule 13. under the order that was issued today, first of all, the court has determined that the media will participate in the proceedings subject to the limitations of that order. does the prosecution have any objection to the media participation as so restricted? >> no, your honor. >> do you have any objections as so restricted? >> no, your honor. >> in