tv Fox Morning News FOX July 7, 2011 9:00am-10:00am EDT
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sentencing coming up this hour. plus, the dalai lama is in the district. we'll look at why the visit is special. you've heard his spoofs. we are not talking about the dahlly lawmaker e -- dalai lama. weird al yankovic will join us live from l.a. later this morning to talk more about his new album. >> that is a disturbing image right there. >> it is. wow. there's a closeup. we'll talk to weird al in a bit. now let's talk to weird tucker. >> tucker's not weird. >> only on the weekends, allison. let's look at our numbers. off to a hot and steamy start. hot this afternoon with highs expected to be in the 90s. currently in the 70s.
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76at reagan national. 76baltimore. heading to the beach, ocean city currently 77 degrees. not a bad start. hot again later today. highs warmer than yesterday. yesterday in the 80s with the cloud cover. i think today in the 90s. very quiet weather today. lots of sunshine here. fog is burning off we had. and lots of sunshine to start your day. later this afternoon, clouds will build a little bit, and i think we'll see scattered thunderstorms develop. see that one shower up there north of hagerstown? leading edge of a frontal system that will likely spark off afternoon showers and thunderstorms. more details on the forecast changes, rain in the forecast for tomorrow, and a look at the weekend coming up. back to you. we are following a developing story out of florida now, where casey anthony is expected to be sentenced some time this hour. you are looking at a live look,
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the courtroom in orlando this morning. >> anthony was found not guilty of killing her 2-year-old daughter, caylee. she was found guilty on four counts of lying to police. but she could go free as early this morning. fox's jessica stone joins us from orlando this morning with more. good morning, jessica. >> reporter: good morning, tony. i'm not sure if you can hear it yet, but we have chanting that just started behind us in front of the courtroom. i would guess about 100 people spread out with signs, talking about how they think this case should have been decided. of course, inside the courtroom we have a much calmer, more made up, but happier, more pleasant casey anthony talking to her attorney jose baez and cheney mason have just come in. we've seen her parents this morning. they still remain pretty stone faced, just talking between themselves. they have not spoken to their daughter since she was acquitted on these murder
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charges. their house is surrounded by security, this courthouse is surrounded by security, and so is the release center, where if she gets let go today by the judge on these sentencing guidelines, she has these four counts of lying to police, the maximum probably something like six months, the minimum that she walks out the door, the release center is her next stop. we'll have cameras there as well, where we'll show her leaving. a lot of questions where she'll go next. will she go home? probably not. her parents have made it very clear they believe her defense was baseless. they are very hurt by the fact that she painted her father as an abuser. her brother accused of molesting her as a child. then the next step maybe does she go to her defense attorney's home, or they help her find a location?
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she'll have a tough time getting a job, unless she writes a book. she doesn't have an education, and her last work experience about five years ago. we're seeing the live feed now, the prosecution is here, but i don't see jeff ashton. he may not be coming back today, because he retired as of today. that explosive news coming three hours after that stunning verdict was rendered. we'll keep you posted, that sentencing expected to begin any minute now. we'll have judge perry, who is a law and order judge, come down and render his verdict on the sentencing guidelines here. what the charges open her up to, is the county can go after her for the cost of not only the trial and court costs -- here's judge perry now. we're seeing judge perry walk in the courtroom now. should be asking everybody to rise momentarily and i'll let you guys continue to watch as he sentences casey anthony on
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the four counts of lying to police. back to you. >> thank you very much. here we go. >> okay, madam clerk, you may call the case. >> case number 2008, cf 15606, state of florida versus casey marie anthony. >> let the record reflect defendant is present along with counsel and state attorney. both sides ready to proceed? >> yes, sir. >> i believe so, your honor. >> mr. mason, before we proceed to sentencing, mr. baez, you had asked me to reserve ruling on your motion for mistrial. >> we withdraw that, your honor. >> okay.
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that takes care of that. the defendant, casey anthony, is before the court for sentencing on counts four, five, and six providing false information to a law enforcement officer. mr.baez, do you know of any legal cause which we should not proceeded to sentencing at this time, sir? >> four, five, six and seven? >> and seven. >> the only legal cause we have would be -- [inaudible]. >> would the state care at this time to present any matters relative to aggravation? >> your honor, no. >> state to present any issues
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at this time concerning any other matter? >> your honor, yesterday i filed a motion to attach special cost of investigation and prosecution and to reserve jurisdiction. the only reason that i would bring this up prior to the actual sentencing has to do with the jurisdiction of the court. when sentence is imposed if defense counsel intends to appeal the misdemeanor conviction, then this court would not be able to entertain a later hearing until that matter is resolved as it relates to costs of investigation. if, in fact, that is their intent, what we would ask is that the court bifurcate the sentence hearing proceeding to the matter of punishment first, the issue of cost of investigation is not intended
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to be punitive, and i believe can be handled at a later point in time in a bifurcated type of proceeding that would notdy vest the court of immediate jurisdiction to handle this matter so that this can be closed as judicially as possible. that is the only thing i wanted to bring up at this time. >> mr. baez? >> mr. mason will be handling it. >> mr. mason? >> i believe i object to the bifurcation process. they have not presented invoices to us, accounting, and we'll be reviewing and challenging as appropriate, so she asked for 60 days, and i have no problem with that. >> okay, the court will retain jurisdiction to deal with the issue of cost of prosecution and other costs, i guess, pursuant to chapter 938.
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that's the statute that you're seeking those costs under? >> it is, your honor. >> okay. mr.mason, mitigation? >> we're ready to proceed, your honor. >> you may proceed, sir. >> [inaudible]. we have however, the argument, legal argument -- [inaudible]. >> go ahead. >> respondent -- [inaudible]. >> all right. >> may it please the court? >> good morning. >> good morning, your honor. your honor, before sentencing we respectfully request the court address the violation of double jeopardy at issue, with respect to counts five, six and seven. because all four statements in
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the indictment arose during the july 16th interview between detective melich and miss and anthony, all four counts were one count, and must be reduced to one conviction based on one occurrence and course of counsel. in hamill v state, which we provided to the court, a florida case from 2006. >> huh, the defendant was convicted of 15 counts for using a computer to seduce a child. at issue, count five and six, among other things, arose in a sing criminal episode. the court articulated the test to determine whether offenses arise from a single criminal episode. in that test, the court articulated -- >> let me stop you for a second. >> yes, your honor. >> i don't seem to have benefit
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of what you said you provided the court. >> i apologize, your honor. i gave that to the clerk, and i should have instructed that you needed to have that. >> okay. okay. go ahead. >> thank you, your honor. this test required the court to look to whether there was a separation of time, place or circumstances between the crimes because those factors are objective criteria utilized to determine if there were disstink criminal acts or one criminal act with a single criminal intent. the court went on to say the plural aspects of the crime, looking at that criteria, the court can ascertain whether the defendant had time to pause, reflect and form a new criminal intent between the occurrences. your honor, in finding that counts five and six in the hamill case were a violation of
quote
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double jeopardy, the court pointed to the fact there was no break in the conversation or change in circumstances to warrant separate charges, where the conversation in question spanned several hours. similarly, your honor, the false statements miss anthony made to the detective occurred during the course of a single interview, july 16, 2008. the interview was one continuous conversation, and similarly there were no breaks or other objective criteria that would suggest the defendant had time to pause, reflect and form a new criminal intent as required as to not run afoul of double jeopardy. we have provided the court with two other cases, that is 511 southern 2nd, 401, and that was out of the 5th dca, 1987 case. and we also provided the court with burke v state, 475
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southern 2nd, 252, 1985 case. it's our assertion the hamill case is similar in that touches on the aspects that are present in this case as well. however, the double jeopardy was invoked when the defendant was convicted of five incidents of leaving one scene, because there were five people in particular who were left at the scene of an accident. burke, on the other hand, is a case that invokes both double jeopardy, based on three transactions of three altered bills and the convictions were charged separately. however, because they are found to be one act, double jeopardy was violated in this case. your honor, in order to avoid an illegal sentence, we request the court sentence miss anthony for one count of providing false information to a law enforcement officer. >> okay. as they deal with some of those legal issues there, we are
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we are watching the sentencing procedure for casey anthony in orlando, florida. we're going to return you to that. what's happening now is one of the attorneys for the defense are it seems attempting to get the four charges on providing false information reduced to one charge based on legal issues there. let's listen in. >> he received a phone call from casey marie anthony -- >> just a second, since you just provided these cases to me -- >> yes, sir. >> -- let me read them quick, see if i have additional questions. >> yes, sir. >> before i hear from the state of florida.
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>> the judge is reviewing material that has been given to him. apparently the defense attorneys gave it to the clerk. they did not instruct the clerk to give it to the judge. he is now looking over this new attempt to, it sounds like, have the four charges on providing false information reduced down to one charge based on the fact that the false information, all of it, was given during one interview with police and interrogators on one particular date at one time. apparently, there's some precident in other cases to maybe have all of that kind of condensed into one charge. that way, i'm assuming they're
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doing this now so they can possibly reduce whatever the sentence might be the judge is going to issue. >> she has already served three years waiting while this whole court process has been going on. she could get a maximum of four. reducing that would be quite fruit u does for casey. >> more than likely make it time served. the question is whether the judge will allow this. little curious as to why -- i can understand why it's coming up now. not sure why it wouldn't have come up before, because these different charges have been out there all during the trial. >> we are going to stick with this. we want to bring you that sentencing when it does happen. he has finished reading now. >> are you saying that -- >> we want to take a quick break and we'll come back more with more of the casey anthony sentencing.
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courtroom in orlando, florida, where the judge, belvin perry, is listening to rebuttal arguments of sorts from the state of florida on the sentencing phase of this case. of course, casey anthony, acquitted of murdering her 2- year-old daughter, caylee, two days ago, the day before yesterday. now this phase, she could be facing no time, time served already, or some time today we are waiting to hear now as the judge listens in to arguments. >> that their cite was 37, 3rd edition, what page? >> 1067. >> 1067? >> i do have a copy -- this is a situation where an individual was charged with two different counts for one act of shooting.
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once again when it comes to court proceedings, nothing is as simple as one thinks it is going to be. we are covering live the sentencing sentence for casey anthony. at issue here is whether or not the four charges of providing false information to investigators constitute double jeopardy. should those four charges in essence be counted as one episode, or should they be counted as four episodes as they have been up till now? the judge is entertaining this notion. both sides are providing legal precedence that would explain why it should be decided this
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way or that way. this seems to have come up rather suddenly from the defense. the judge did not have notes that he should have been provided and the prosecution indicated that they were just hearing about some of this at least this morning. so this is what they're debating. it would seem it could impact the sentencing, because if she faces up to a year for each of the individual charges, she has served almost three years, theoretically she could be sent back to jail another year or so out of this hearing, or the judge could rule that, you know, it's going to be time served or something like that. so there is an issue here, is she going to serve time for four different instances of providing false information or will that be reduced down to one instance based on the cases that the defense has brought up this morning? this looks like he's going to be considering this for a little while, and will take a little bit longer to get to the
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sentencing itself. so we are streaming this live on myfoxdc.com. we are going to come back to it as soon as more happens, so you want to stay with us for that. we'll come back to it. >> you can see, though, how tedious the process is to make sure you go over everything and though the judge did just get this, he is taking this very seriously. >> absolutely. >> interesting. >> we have more ahead, including news and weather. stay with us. we'll be back with that in a couple of moments. i'm robin sue joss.
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when i took the finish challenge i open the dishwasher, everything was very shiny. i used to use cascade now i use finish quantum. take the finish challenge for yourself. if you don't see a difference, it's free. let's go back live to orlando, florida, listening to judge perry in the casey anthony sentencing. >> develop and follow various leads trying to locate this baby-sitter commonly known as zanny. count six, again, dealt with
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the fact that she had informed to, quote, employees of universal studios, jeff hopkins, and juliette lewis of the disappearance of caylee marie anthony. miss anthony in count seven indicated to law enforcement that she had received a call and spoke to caylee marie anthony, july 15, 2008 at approximately 12:00 p.m., thus causing law enforcement to devote extensive resources. as a result of those four separate and distinct lies, law
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enforcement expended a great deal of time, energy and manpower looking for young caylee marie anthony. this search for her went on from july through december over several months, trying to find caylee marie anthony. four distinct, separate lies. just as the jury spoke loud and clear on counts one, two, and three by their verdict, they also spoke loud and clear as to
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the remaining counts four, five, six, and seven. there being no legal cause shown why this court should not impose sentence and the court having previously adjudged you to be guilty for the crimes contained in counts four, five, six, and seven, i will sentence you to one year in the orange county jail, sing a $1,000 fine on each count, all four counts to run consecutive to each other, giving you credit for the time that you have previously served. mr.baez, mr. mason, we are
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going to spend some time this morning figuring out her credit for time served and it's going to take us probably about an hour to sort of sort it out because of the previous sentences that she has been given. but with the good time and gain time, depending on preliminary figures, some time early august, maybe late july, but i can't say that until after i first determine time served and
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then the jail has to apply, according to their figures, their good time and gain time that she has gained in this. so if you want to wait around or we can communicate that with you and if you have a different figure, then we can get that taken care of. i will reserve jurisdiction for 60 days to determine the cost of prosecution and investigation. >> [inaudible]. >> tell me when you'll be ready. >> i've been advised a minimum of 30, so any time after that
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would be acceptable. >> mr. mason? >> [inaudible] -- whenever they get around to -- [inaudible] -- so we can check the validity of those and potentially conduct discovery on it. at least 30 days i would assume. assuming the 29th day, that's not going to be good. >> [inaudible] -- they have indicated they believe they can have all the documentation within the time frame that i suggested and then that should give mr. mason ample time to review the validity of the affidavits of the sheriff's office. >> well -- >> [inaudible] -- after she gets it to me. >> i'm trying to give you a date now.
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the week of august 15th i will not be around. until the week of the 22nd, i'm involved in a hearing supposed to last three days. i have time on the 25th into 26th. depending on how long you need, i can fit you in on the week of the 29th, but i would have to fit you in because i, unfortunately, am going to have to take over judge adams' division, since he's leaving at the end of the month.
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i have again, the week of august 1st, but i have to fit you into that division's regular work. the week of august 9th with the same proviso -- >> we're going to interrupt now, as what essentially is being done now is scheduling issues. the attorneys have asked that the judge retain jurisdiction over this case for at least 60 days. he indicated he would recontain it for 60 -- retain it for 60 days. they may want him to retain it for longer, as they sort out the issues how much it will cost. there's indication they'll go after casey anthony to get
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that. however, the headline is the judge has given her the maximum sentence, if i understand it correctly, of one year of each count of providing false information to investigators. four years in jail for each count. she'll be credited for time served and good behavior time. they have to work out how much -- they're working that out. all told, she'll probably have to spend about another year in jail. we don't know exactly what it will be. but that's what it sounds like. she has been given the maximum sentence of one year for each of those counts, and those years are to be served consecutively. it's not all lumped together. they're consecutive. >> right. again, this is on our web site, myfoxdc.com. we're going to take a break now. come back with weather and more news of the day.
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the weather. >> thank you. that was interesting. >> yes. >> let's get right to the weather forecast. let me let you know, heat and humidity building now. baltimore, 82 degrees. washington, 79. unlike yesterday, when we had the clouds and rain moving through at this hour, today it's bright sunshine. get ready for 90s around here later this afternoon. quieter weather pattern for the time being. later today we'll see a couple of showers and thunderstorms pop up. be ready for at least that possibility. weak cold front. one rain shower in central pennsylvania. as it pushes into this tropical air mass, fire up a few showers and thunderstorms. tomorrow, tropical moisture feeding up the eastern seaboard. with that front, we'll get an area of low pressure. tomorrow on and off rain showers for much of the day. slightly cooler temperatures. rain tomorrow, could be heavy
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at times. today, plenty of early sunshine. little bit more in the way of cloudiness this afternoon, partly sunny. scattered showers, thunderstorm. 93 the high, with winds out of the west at about 5 to 10 miles per hour. later tonight, early shower, maybe an early thunderstorm and 74 the overnight low. 85 tomorrow with showers and thunderstorms. there you go, saturday and sunday, sunshine, drier, highs about 90 degrees. be a nice summer weekend. hot by monday, 94. that's a look at weather. tony and allison, back to you guys. thanks. holly is getting a preview of the smithsonian folklife festival on the mall. >> stay with us. she's up next with details. we'll be right back.
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celebration for the dalai lama continues today. joining us with more insight, a tibeten scholar and author. thank you for being with us today. >> thank you. >> and mary beth is here also, good morning. >> how are you? >> i'm well, thank you. happy to be talking this. let's talk about the significance of this visit to the nation's capital. >> the dalai lama will be here a couple of weeks. he'll be at the verizon center, bestowing teachings, and he'll be speaking on the national mall this saturday, a public event, on the west lawn of the national mall. >> this is so very well attended. people from all over the world here to see his holiness. tell us the central message as far as those followers who have
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come to the capital? >> it's a rare initiation and it's highly valued. the people coming include regular practitioners. but who is extraordinary are the high masters of buddhism, coming from all over the world and gathering together in washington, d.c., poignantly as they are unable to do inside tibet, where religious freedom is constrained and it would be impossible for the dalai lama to proside. >> it's a powerful message. >> it's an important thing we should all be aware of. >> can you tell us more? we've said it's almost this initiation into the higher beliefs of the tenets of buddhism. >> it's a body of teaching found in buddhism, and teachings on philosophy,
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medicine, yoga and importantly on meditation. in short, they are meant to bring out the practitioner's wisdom and compassion for the individual. it's also believed by practicing this and bestowing the initiation in that locale, it tends to reduce or dispel the negativities in that area. so it is very significant for tibeten buddhists that it's given in the u.s. capital. >> in the nation's capital. to that, there is a political side of this, the dalai lama will step away from the spiritual teachings and will sit and talk with the leaders of congress today. this is a powerful message, too. what likely will be spoken about in that meeting? >> typically his visits to washington revolve around his official meetings. it's a bit of a challenge to find the space in this very intense teaching schedule to accommodate the interests of
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his friends in washington to meet. but there's a great deal to discuss. the situation inside tibet, as we discussed briefly, is dire. and the dialogue that the dalai lamas envoys have been engaged with. chinese officials over the years since 2002 have hit a pause of more than a year, almost a year and a half now. so his supporters, people who are looking for resolution of tibeten issues and preservation of the tibetan identity inside tibet are keen to hear from the dalai lama. >> i wanted to ask about something i read about an elderly woman here, among these thousands that are here, tell us her story e last couple of seconds. >> we have a young man who works in our office, actually, and his mother, who is a
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tibeten nomad, living on the grasslands, uneducated woman, and very kind of wisenned old woman, was able to get visa to come to the united states, which in itself is quite an achievement. she will be seeing at the end of her life, the dalai lama for the very first time and taking this profound religious teaching from him. something as we said at the beginning, is impossible inside tibet. it's just for her, it is transformational in many ways. >> i wanted to get that story in. forgive me. thanks for being with us. >> thank you. >> thanks so much. >> tony, over to you. thank you. fox five's holly morris is down on the national mall. you can still visit the folklife festival going on today through july 11th. holly? >> reporter: when you come down here, you'll want to allow some time so you can spend an
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adequate amount of time in each of the three areas. we talked about the peace corps, about columbia, and the final area, rhythm and blues. the curator joins me. >> good morning. >> reporter: tell me about this celebration, and the culture we're learning here. >> rhythm and blues, it's tell it like it is. restoring it's social and cultural history sounding rhythm and -- surrounding rhythm and blues. the music performed around the time of world war ii, coming out of world war ii, and been going on ever since in variations, including soul, funk, and various other names it's been given over the years. >> reporter: what will people experience in your section of the festival? >> great music. we have this week, different groups each week. this week, the dixie cups, originally out of new orleans, and we have fred wesley and the
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new jb, trombone player who worked with james brown, as well as other artists, tina turner. he does a nice blend of jazz and funk. we're really looking at the music and as well as you can see, the dance associated with the music, too. we're looking at hand dance styles, with groups based here in d.c. >> reporter: you're having a workshop as well. so you can hear some of the best, but you can also learn and get involved? >> yes, yes. you can actually visit our center stage and hear great stories about the music. we have an interesting person here with us who was with globe, a famous company out of baltimore. recently closed down. now become part of micah, maryland institute college of arts. through that process, bob will be teaching at mica.
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advertising not just r&b, but primarily r&b concerts. >> reporter: thank you. i want bring in lauren bradford, responsible for our amazing dancers. how are you? >> i'm doing great. >> reporter: tell me about our hand dancers here. >> this is smooth and easy hand dancers. what we've done, taken a little bit of old school and a little bit of the new school, and added that into the rhythm and blues music. a lot of our younger dancers we want them to learn the way it used to be done, so we don't lose that. you know how young folks are -- >> reporter: i know. >> they're going to bring their own flavor, and that's what's happening with them. >> reporter: we know hand dancing is alive and well and thrives in d.c. and picking back up. >> yes. >> reporter: i guess we should say, right? >> right. >> reporter: do you find people visiting from other parts of the country that are here are getting the bug? >> as a matter of fact, many of my students are people who did not grow up in d.c., that come
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to d.c., see the dance, and get infat waited with it and they take classes. >> reporter: performing at 11:00 this morning? >> yes, 11:00 this morning on the motor city stage. >> reporter: we said, here's your stage, and they've been dancing ever since. you put the music on. >> if you play it, they will dance. >> reporter: i don't know how easy it is, but they are smooth. they look good. >> the basic step is pretty easy. i say it's like chess. dance is like chess. >> reporter: i don't think chess is easy. >> if you know how to do the moves, spend the rest of your life -- >> reporter: trying to master it. myfoxdc.com the link to the festival. it runs through july 11. thank you. >> we'll be back after the break.
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