aidala, i need to hear your arguments on bail. should we let him home until sentencing and i stammered. the defense is preparing his client. i prepare them for the worst and hope for the best, other attorneys are more optimistic. if i'm jody, i'm telling here the likelihood in this just addiction is you're going to get convicted and hopefully of a lesser count and there are appeals and you keep calm and professional as possible. >> shepard: the good and the bad. you're the defense for jodi arias, your client over 18 days on the stand. >> what i hope is she made a connection. i hope the last couple days -- there were three jurors, don't be surprised if they're men. one thing people presume is the women are softer. often that's not the case, especially when dealing with a female defendant. you're hoping in those 18 days she related to somebody and some guy is saying i'm holding out for manslaughter. let her do her 7 to 21 years. that's a lot of time. i'm not getting involved with the death penalty and that's what you call a compromi

arthur aidala on the legal battle that could now ensue.ice arriving -- her arriving now we are seeing what really happened when reese witherspoon was arrested. >> you better not arrest me. are you kidding me? i am an american citizen. >> i am now being arrested and handcuffed. >> yup. >> do you know my name? even in stupid loud places. to prove it, we set up our call center right here... [ chirp ] all good? [ chirp ] getty up. seriously, this is really happening! [ cellphone rings ] hello? it's a giant helicopter ma'am. [ male announcer ] get it done [ chirp ] with the ultraugged ocera torque, only from sprint direct conct. buy one get four free for your business. >> good morning. it is 22 minutes after the hour. take a look at this amazing video of a helicopter pilot in norway as he lands right on the top of a highway guardrail. the person who shot the video says a chopper was driving a doctor off at the scene of the car crash. that pilot later telling a reporter that landing wasn't ch anything special he has done better in different cond

arthur aidala is here to talk about that coming up next.an kilmeade to see what's coming up on "fox & friends." >> we are excited on "fox & friends" because we are going to answer the big question what did heather and ainsley do when we do our show. we are going behind the scenes for them. we are talking about coverage of the oklahoma tornado. find out if we are in the recovery phase or is there hope to save people still. we are talking to people the moments after the twister destroyed their home and the ensuing area. keith ablow, dave ramsey will be here. peter johnson will be here we will see fox targeted by the white house by the fbi we are looking at all of that and an army specialist who has his wife sur prides him by losing 150 pounds. gavin degraw is here. how do we know? i see his piano. i am staring at it now. julie! hey...guess what day it is?? ah come on, i know you can hear me. mike mike mike mike mike... what day is it mike? ha ha ha ha ha ha! leslie, guess what today is? :t or more. this is another! ta-daa! try charmin ultra s

arthur aidala on that next. >> it is 21 after the hour. town is making history bay lowering the voting age to 16. they approved the measure 6 to 1. members argued they wanted to give more people a chance to participate in government. the council voted to allow convicted felons who served their time to vote. will smith's 14-year-old son wants to be em man's pated from his parents so he can have his own home. jaden myth smith is gearing up for his 15th birthday in july. >>> o.j. simpson expected to take the stand today. he is pleading for a hail mary saying that his 2008 lawyer botched his case that sent him to prison for what could be the rest of his life. here with insight is criminal defense attorney and fox news legal analyst arthur aidala. also the best attorney in the country. right s right? >> that would be an appropriate 522 promo. >> does he deserve a new trial? >> evidence that comes out that he deserves a new trial first it has to be grounded in a conflict of interest by the defense attorney. so in other words, i will give you a c

arthur aidala, "studio b" contributor fox news analyst here in studio with us tonight.t of all, i have never in all my born days heard of a -- impaneling of a new jury to take over a penalty phase. >> i have never heard of it either. it's very unique to arizona as is the jurors asking the defendant questions as they did. shepard, let's just back up for a second what you just showed. i have never seen a verdict read like that. >> shepard: normally. >> normally a note comes out and says we can't reach a verdict. we can't reach a unanimous verdict. >> shepard: the judge just says you are deadlocked. thank you ladies and gentlemen for your time peace, god be with you. >> the clerk just read the verdict it took years off of people's lives. you thought there was going to be we find unanimously death, we find unanimously life in prison. instead we find unanimously no unanimous decision. that was solve 00 wall the way that was read. first my understanding it was a question. >> shepard: our understanding as well. >> all the stud sudden you get this note shows somewhat of a lack

aidala, you have to be more narrow what you want to do. that was not the case here. learning fox's james rosen was investigated by the doj for a story he did back in 2009 i believe regarding north korea. do you think this is the tip of the iceberg here, how far-reaching the doj will go to investigate journalists? >> i hope not. that is very strongly in the realm of possibilities. let's face it. it is called the first amendment for a reason. the founding fathers knew that the press in some degree was going to act on check and balances to the check and balances of our government, and to stymie that or hamper that you better have a very good reason. i'm not saying there are no reasons that could exist but we better hear a pretty good one and relatively soon. lori: it has gone on couple weeks already. let's have it. >> it would put the story to sleep if they came out with something much more powerful. lori: thanks, arthur. >> pleasure to be here. thank you. ashley: feeling squeezed at the pump? you're not alone. today marks 15 days in a row of gas price increases. in the

joining me me now arthur aidala. jonah spilbore same pedigree.'m surprised he is going to plead not guilty. i know everybody does. i kind of thought it would all be a bargaining about what the charges are and what the punishment would be. i guess i'm wrong, arthur. >> yeah, well, you just said and everybody does. it's too early in the proceeding. i mean, you just don't march your client in. even if he tells you already i want to plead guilty, i want to get this over with. you just don't not a week or 10 days after it happens say guilty. there is a lot more that goes into it. the prosecutors wouldn't even have an offer on the table at this point. if they are going to have one. what i think we need to -- having a calm handling this commonly is to look at what the exact quote was. and the quote that -- one of the defense attorneys said was we are here to make sure that people can exercise their constitutional rights to have an attorney and a fair trial. this is simply to ensure the integrity of the process and sometimes that means you have to take o

and arthur aidala, thank you for being with us. martha: we need to talk some more about that.et's go over to jon scott telling us what is coming up on "happening now" at the top of the hour. we could haveyou think those some coming up. we are minutes away from a live news conference with president obama and uk prime minister david cameron. two big stories could come up there, the growing scandal embroiling the irs, the potential political targeting of certain groups, including tea party members. and second the fallout over the benghazi terror attack. plus we'll also get into fox news watch today, why haven't the mainstream media done more on the irs story and why does it take so long to get the white house press corp interested in benghazi. our news watch panel weighs in coming up on "happening now." martha: we look forward to all of that, jon. thank you so much. one man says it was like an ice chest coming right at you, an ice tsunami. i'm calling it the ice blob. it smashed homes and windows. the cause of this. >> i fished on the lake several times years ago during the opene

arthur aidala is fox news legal analyst. this is such an interesting case. >> it is.finitely him. look at details. numberr13 just like his, hair color, brown, weight, 197, height, 6'2", skin tone, the wristband. all the stats. >> did same thing with a famous guy tim tebow, florida everything down to a t. yet they're not allowed to get any money. do you know what the nfl players asssciation got by, three years ago? melissa: what. >> 35 million dollars. $35 million and college players don't get anything? but ea is making all this money? melissa: sound like a great business for ea. >> great business. melissa: who cares about fair. this is about the law. >> reason the law part of it comes into the ncaa and the fact these are amateur athletes and they're not allowed to benefit financially, same way as olympians. they're supposed to be amateurs. melissa: what about of a he turns 18 and game is still going on? this is while ago. he is way over 18 now. >> why in my opinion he has legitimate ground that a judge and or jury are really going to have to take into consideration. i

here to weigh in is fox news legal analyst arthur aidala. so much to talk about. >> yeah. defense attorneys' shoes, you don't know what it's like. like i don't know what it's like to be a coal miner. i don't know what it's like to be in the middle of a blizzard. sitting next to a client, even when you know there are 100% guilty, there is a bond, just a physical bond because you are sitting next to them for this huge amount of time. but the same way in a marriage and siblings like sometimes that bond goes really bad, it seems like that bond has kind of gone really bad and they're all in different directions and fractured. >> gretchen: could it be that last week after she was convicted she gave an interview on television saying she wants the death penalty and then you're her attorneys and you have to save face for yourself and argue against the death penalty? >> obviously it's totally doesn't make any sense. and as a defense attorney, you're not going to go up there and tell the jury, yes, please kill my client. that's really what she wants. it's just not what we do. >> gret

and fox news contributor and criminal attorney arthur aidala, how do you defend this?easter egg rolls. charles: somewhere else, but-- >> and he could have done a much better job that that. i don't know if the vice-president of the united states has been in the white house that many times. obviously, it raises eyebrows. obviously, we draw a presumption, what we call in the courtroom circumstantial evidence. >> it's not direct evidence, nobody there is saying, yes, i everheard the president of the united states tell him to do x, y and z, but circumstantially someone walks in the from the outside, here is an umbrella, it's raining out. charles: and let me set the stage. right there the jury is the american public and tell the american public who is looking at this, 157 times and something is wrong with that and the irs became a weapon for the white house. >> adeally i would have done my homework and see the last time the irs chair-- the guy under bush went there once. >> okay, that's a little rough, but i would stand up, i would look at them and say ladies and gentlemen o

arthur aidala is criminal defense attorney back with us and former prosecutor.riminal defense attorney. he is with us as well. fascinating case. if it were not for dna which ask a new science past couple decades, if not for dna they would not have a case. >> not even last couple decades. 17 or 18 years ago once in a blue moon you were able to afford dna that is fascinating. the killer, whoever that is tried to destroy the dna allegedly there was a struggilng. when she left the house she turned the gas jets on and lit a candle hoping it would create an inferno and destroy all the evidence that part did not happen and therefore this woman is on trial. jon: her attorney said, joe, look, these two women didn't know each other. there was no contact between them. oh, except for, the prosecution points out, the hundreds of thousands of dollars transferred into her bank account, money for hire. >> well, that is clearly one view. but what we also have to know here the gent man who is alleged to have hired this person, has not been charged in this case and the prosecution

let's ask fox news legal analyst arthur aidala and jonah spilbore.ition. this happens staples on college campuses fraternity. who is responsible. >> this particular fraternity, 8 kids have died in 8 years. >> is that right? >> so, you know i went through the criminal law book last night to see if there is an actual criminal charge. can you find one something needs to be done. 8 students in national fraternity who have died in 8 years because of alcohol-related events. it's just let's draw the line here. >> fraternity bears some responsibility? >> something that needs to be done is personal responsibility. here is over simplification. if arthur caves and gives in relentless request to go out with him on a date and we go and order a bottle of wine. is it his job to make sure i only have one or two glasses and not the whole thing or mine. it's my job. >> if i'm the president of the fraternity and you are trying to impress me -- i never was involved with the frat life and you are allowing somebody there who is not 19 but 21, all right, guys. >> alisyn: b

jenna: fred tecce with us, arthur aidala. arthur, does the guy have a case?e. i think he's absolutely correct. he followed the assignment to a tee. the assignment was first impressions. it's a diary, write personal things, write what you feel, write what's on your mind. what did you read on the screen just now that was so horrible? she's tall? she's blond? she's well endowed? i mean, that's so horrible? give me a break. >> he picked the wrong one. he should have taken mary ann, you know? not ginger. >> that is the politically-correct thing to do, and i heard jon say that before the break. come on, everyone would go with ginger if they had the choice. >> i've got the tell you, i'm going with -- jenna: fred, hold on a second. here's the deal, some people are inspired by shakespeare, this guy was inspired by van halen, to arthur's point. so is he right? does he deserve $2 million for getting kicked out of school? >> no. jenna, he has a better chance of getting named in today taylor swift's next song. not going to happen. he was told by this woman that she found

. >> megyn: joining me on the set is arthur aidala and jona same pedigree.st for last in the paragraph in the affidavit. they say that the law enforcement agents did recover the backpack and that is something that we did not know before today as they searched that landfill for days. they found it. it says they recovered tsarnaev's backpack from a landfill in new bedford where they believed it to have been dumped by the service that removed garbage from the carriage drive. it was partially enclosed. inside that backpack, agents recovered fireworks, a jar of vaseline, and a u mass dartmouth homework assignment sheet that is from a class in which tsarnaev is enrolled. they found, according to them, the evidence that these three it looks like tried to dispose of. i have confirmed now in having read this they believe that the first two from kazakhstan azam at tazhayakov and diaz kadyrbayev, they are the ones charged with obstruction. the third one is the one charged with having lied to investigators repeatedly, arthur. they talked to him and he doesn't remember b

past drug use to the jury, and we will get into this more specifically when i'm joined by arthur aidalanews legal analyst. we want to deal with this story and another one we have coming up as well. arthur, no pictures of pot or the gun. there was some discussion that he was trying to sell a gun online. none of this is admissible. does that make sense to you? >> yes it makes sense to me, a judge is supposed to allow evidence to be presented to the jury that is really applicable to the events at issue, the events that happened in those few minutes that night. and you don't know the context of the picture of him with the gun. was it halloween? was it a toy gun? was it a real gun? martha: we have the picture on the screen. he's holding the gun. there are the pot plants and he's holding a gun in a tight shot and there was a text message apparently with it that said he may be trying to sell that gun online. as you say this is like -- like if a woman has a reputation of being, you know, loose and promiscuous she can still be raped in any given situation. so you have to limit the legal paramete

here for our legal debate to talk about kids' sports, parents and more, arthur aidala and former prosecutorz. is this kid wronged because in eighth kid he was an undefeated champ in the 200, 400 and 800. is there something fundamentally wrong with that? >> i'm not a fan of these lawsuits. i think schools need to be able to do their schooling business. what the dad is saying here is, look, my kid was a superstar in eighth grade. he won all these races, ran all of these events. i was a superstar not only in school but in the military. the kid has the genetics to do really well. but because of a personal animas between the coach and student, the kid gets thrown off the team. you know how important athletics are being a world-class coach yourself. >>brian: and david, can you sue to get your kid on the team, to get him off the bench to get him on to varsity? >> anybody can sue anybody in this country. however, not only am i not a big fan of these lawsuits, these lawsuits are destroying the court system. this is completely frivolous. you do not have a constitutional right to extra curricular acti