secretary avery: and let me just recap this. not only do members of the public, but our staff does this. and we get things today. so they have had changes and everybody on both sides of the coin are in violation of your rules. so what do we do? president olague: just encourage and i think that -- commissioner miguel: i think we encourage because we also encourage people to talk about d.r.'s and talking about other things and to negotiate and as we know, sometimes that comes down to right outside the door. so absolutes are a problem and we're encouraging it in another sense. >> we know the language within the rules and up to you to enforce it. and i know because of the whole nature of negotiation, it is hard to enforce something when you are encouraging negotiation and that might happen just prior to us calling the item. it is really up to you do you keep it and change it and do you want, and how do we better address making sure all sides adhere? >> that is a loaded question. and encourage that it happens but i am not sure we can

secretary avery: and we need to discuss that. president olague: and it has to do with the responsibility of the secretary and if we have all the random emails to some info box, who is ultimately going to be responsible for checking that and responding and that is whey am concerned if there is no clear line of responsibility for receiving that, it can get lost. >> my point is to have it go to her, not to create this email would be general, but talking about submittals specifically that just to avoid the issue writ comes directly to your inbox but another inbox that could be checked. to create another place to have this go. >> i don't want to put this in year. president olague: i don't want to make the change in the rules. >> i am not suggesting that it be in the rules but something to consider because of the issue brought up. secretary avery: i understand your point and there are literally thousands of emails that came in while i was gone and as i am going through, it's just to me and no one got it and you didn't get things forwar

secretary avery: and we need to discuss that. president olague: and it has to do with the responsibility of the secretary and if we have all the random emails to some info box, who is ultimately going to be responsible for checking that and responding and that is whey am concerned if there is no clear line of responsibility for receiving that, it can get lost. >> my point is to have it go to her, not to create this email would be general, but talking about submittals se

on what basis, avery?well, what happened is the prosecution entered during the penalty phase an audio clip which had not been introduced at trial. the defense -- that's one of a number of arguments the defense is using to say, look, we need a new trial, that was prejudicial. the jury unloaded with nine years on this thing. they're saying that audio clip made a difference. the prosecution says, no, it was arguing this week, i don't think the judge is going to grant a new trial. although the defense will be introducing 18 witnesses during the next phase, the sentencing phase. >> richard, misconduct of the prosecutors? >> i think we're going to be welcoming the words that we hear a lot, harmless error. i think that very well may be the end result here. the other evidence was overwhelming of guilt here. i'm surprised it was so low. i'm surprised they didn't get a clean sweep on convictions across the board for this guy. i don't think it's going anywhere on appeal. he's sweating it out right now as he should be

. >>> sean avery is out on bail tonight. what happened this morning at his los angeles home that landed the new york rangers player behind bars. p.pñççe". >>> nhl star sean avery was arrested in los angeles this morning and booked on charges he shoved a police officer. police say they were called to avery homes in the hollywood hills on a noise complaint. when the new york ranger player answered the door, officials say he pushed an officer. avery was released on bail earlier this morning. so far no comment from the rangers. >>> giants getting ready to play, a's already in progress. >> game two with a series with the phillies a little less than an hour away. and the a's in progress and it's not going very well. down in tampa they were already down 1-0 against the rays when evan longoria a shot off mascoso. damon will bust around from first. mascosa would not make it through the innings. the a's are trailing 6-2. could be a fourth straight loss for them. meantime, second round of the bridge stone, everybody curious of course a

. >> avery, this is dangerous, costly.nd the sad thing about this, another sad thing about it is the people who are doing the hacking, they often get away with this because it's very difficult for authorities to trace and track down who is responsible for this. >> yeah, 911 systems actually were created around 1968. long before this technology. so the difficulty, it's hard to get ahold of these people, but what these cyber freaks are doing is bragging about it. since late 2010, congress decided to do something about it. they enacted the truth in caller i.d. act and richard's right. the penalty is up to five years in the pen tenturery and there's a man in massachusetts who this year was convicted. he is spending 11 years for swatting. so it's serious. i'm not sure how widespread it is, but it's growing and that's a concern to law enforcement. >> another big concern, this for big tobacco. the fda saying you got to put these new labels. there have already been some labels put on cigarette packaging, warning you of the potenti

avery, start with you. did that surprise you at all? hours in what seems to be a case with massive amounts of evidence? >> well, it would have been much longer except he didn't put a defense on. it really i don't think was a surprise to anyone. what we learned in the trial is that warren jeffs in his yearning for zion, he wasn't yearning for zion, he was yearning for children. the evidence was overwhelming. there was no question we were looking at both a sexual assault and then aggravated sexual assault. that's what the jury is thinking about right now in penalty, joe, because they are now hearing evidence from many of the people that went through these experiences, personal sexual experiences as children. and that evidence will continue to be presented all the way through monday, probably up to tuesday when they'll finally make a decision on how long he's going to spend in jail. you're looking at life, i think. >> do you agree, richard? this is a case where you've got all this evidence. we're probably going to reach some type of decisi

avery is such a bad boy, the nhl named a new rule after him, avery's rule to keep players from blocking the view of the goalie. what a rebel here. emily's just starting out... and on a budget. like a ramen noodle- every-night budget. she thought allstate car insurance was out of her reach. until she heard about the value plan. dollar for dollar, nobody protects you like allstate. say i'm missing england. i type in e-n-g... and he gives me a variety of options. would you like to have a look at a map, my lad? ah, why not? shall we check on the status of your knighthood? yes. again? yes, again, please! thank you. with my digital manservant, i'll never be homesick again. would you like me to put the kettle on, sir? no, i'd like you to get rid of that ostrich. it's been here a month. [ male announcer ] the new hp touchpad. get it now for $100 off, starting at $399.99. kraft singles. we're rich in calcium to help build 'em up strong. ooh, watch out, bad guys. kraft singles. the american cheese. >>> welcome back to msnbc i'm contessa brewer. stocks are down today despite an initial surge on be

back after losing one male last week and last year's your all believe semifinalists ten feet off avery's to reach the next stage at the expense of throbs own sport. in the meantime a similar for the telling super golf against its arrivals and beijing on saturday stepha's trip to china a noble fifteen year more formal i would say having played the same much at the same venue two years ago they went down to last saw them. regained the job the last year defeating ruba so into all super gulp holders while the long haul the reigning siri champions coach and i agree saying his man will do their best to bring that show paid back to be around on black parts of milan. well look at the fall of course last season would be to twice in the league but last season was the post doesn't mean by the time i think both in terms. of a very serious race it's important to weigh in. on saturday. now as this once eleven hear of a skit as last one on the way now team russia continue their preparations here in moscow with only the finalists qualifying for the london olympics david plotz injury he has a tough tourn

secretary avery: commissioners, you can move to item 17, case 2010.0641m, the recreation and open space element update. it's an informational presentation. >> good afternoon, commissioners. and i am back to give a more in-depth presentation and i was here a month ago and we initiated and will make the initial presentation today and another in october and proposing adoption for later october. this is a kind of timeline and a brief history of where we started in november of 2007 and produced the first draft in may of 2009. and we started that last year and produced a revised draft in june of this year. and now we're working through kind of the last bit of changes and expecting adoption in october. i want to tell you a little bit about the community process we went through. we had a lot of help and neighborhood parks was a key partner and they produced the summary which you have now. i passed this stuff out. we started with the open space passport with 80 community members and a lot of interesting people and that started in november 2007 and then held over 22 neighborhood space community m

secretary avery: thank you. that concludes that item. and commissioners, you are ready to move forward with item 18, amendments to your rule and regulations. >> commissioners, earlier this year you had a public hearing and you expressed a desire on what you wanted to change in your rule and regulations and we produced a draft document and got that to you a few weeks ago. and made it available to the public as we produced the calendar. so we are open the draft document is before you for your discussion and you can make -- you can consider the issues and make any suggestions for additional changes. if you would like me to go through each one, i will. president olague: well, maybe just highlight the ones you think. >> the up withes that you mentioned at your last hearing, on page two, article four, section one t regular meeting, and you changed the start time from 1:30 to 12:00 noon and that is the only change you made to the actual ruleses. in your appendix a., it's page six of the total document and is under discretionary review and inclu

to flow to help the national transitional council as it takes power the big question mark remains avery exactly who these fast funds belong to in the states just coming to an end the borderline between wealth the product well for the gadhafi family and the wealth of the state were not very clear so of it's hard to see how much of this money was a direct in the nation of gadhafi as well probably wealth and how much of it was actually. could be categorized as libyan assets because the family were often accused of using libya's riches as their own personal pocket money now there are concerns that the unfreezing of libyan assets without effective monitoring in the floodgates to new corruption is now a lot of opportunities and everybody's trying to. you know it's sort of. trying to exploit this war. everybody could have oil gas and infrastructure projects to follow as the war torn country rebuilds. everyone it seems wants a slice of the action a war is nowadays indispensable for western economies western interest reason to leave. you destroy your ability to travel your appeal it's like a vic

pay pay a group of reality stars to not wear their clothes and also don't want a vacation from the avery it's a camping trip to a tropical destination i can come up. sometimes to see a story and it seems so. you think you understand it and then you glimpse something else here's the part of it and realize that everything you. are. and yet. five. ft. five. i think. well. we're never going to says they're safe braddy the freedom. to starboard side school side a warden tonight goes to suffolk county new york now the county is located on long island and they're having problems with gangs so community leaders and police have decided that they've had enough of gang members in their town so they've come up with a new way to deal with this issue. is it a legit of the crackdown on gangs or is it a breach of the first amendment that is the controversy to write a tell along where an anti gang initiative was launched today that prohibits dozens of known gang members from hanging out with each other and the tell the voyage. that's right so your leaders and bullies are asking a judge if it's illegal to

walt disney cartoons based on it and tex avery cartoons based on it. so many advertisings so if you read my book you will see all of that. >> going back to the cartoon you mentioned in which one of the lines was we love black people what was the period of that cartoon and what was the language of the time? >> that was a political cartoon from the 1850s. it is reproduced in my book. it was a southern political cartoon. it really wanted to show the hole that "uncle tom's cabin" was going to create if people took it seriously. i love black people. that was the new title of the novel if you take a magnifying glass. that was the view of the south. it was a southern political cartoon. >> the language they use we love black people? >> yes. it is precisely -- i love blacks. >> i do believe the true self of human beings is to be good. is not an unreasonable expectation. i would like to revisit the gentleman's question about the usage of the phrase uncle tom in a negative way. it still happens today where as human beings we are sensitive. we rush to judgment bec

yesterday i talked to our legal guys avery friedman and richard herman about the case. >> i'm going out a stay as christine o'donnell rebooking on pierce morgan. that's how likely it is. it is -- it is -- especially when baez knows, the attorney, that he conceded that it was upon release. so whatever -- the only argument that can be made, frankly, is a procedural one. i think chief judge perry dealt with it very effectively in his 16-page opinion. that appeal or that stay, i think, is very, very unlikely. >> richard, why -- why offer this latest distraction? why would her attorneys now try to argue this when this was not -- this check -- bad check writing charge had nothing to do with time served and why she was released under the conditions in which she was released? >> yeah. well, with all due respect to my partner -- my esteemed partner, they are denying the probation aspect. they're saying she completed her probation when she was incarcerated. and the probation department accordingly issued a correspondence saying that they monitored her and she successfully completed it. even thoug

and avery is right. he put on no defense. he sat there like a lunatic. he fired all of his attorneys. now during the sentencing phase, he stands up in court and tells a judge, remove me from the court. i can't see my religion persecuted like this. so the judge says fine. you're out. put in one of his old attorneys to represent him. it's brutal. and now the testimony that is coming in is devastating, joe. this jury is not going to tolerate it. he is facing 90 years on the 12-year-old, and 22 on the 15-year-old. he is going to get it all. >> you can catch our legal guys every saturday at noon eastern. >>> topping the news at this hour, 30 u.s. troops killed yesterday in afghanistan, 22 of them navy s.e.a.l.s. they were on a mission to rescue an army ranger unit on a anti-terrorism mission. new details now from our pentagon correspondent barbara starr. >> the navy s.e.a.l.s were brought in to try and help another unit pinned down on the ground. they were already in the middle of a firefight. they needed help. they called for it. and the u.s. navy s.e.a.l.s

earlier i spoke with avery friedman and new york criminal defense attorney richard herman. >> there inlorida, but i have to -- you've got to cheer for chief judge perry. he did it exactly right. the fact is that there was a technical error. that's it. and what the judge did, and recall that i predicted administrative probation because you need to protect the privacy because of some of the wing nuts down there that want to do her harm, the judge talked about it, he talked about casey anthony being the most hated person in america, protecting her privacy, keeping control of her. i'm a former probation officer. you don't do probation in jail. chief judge perry did exactly the right thing. >> richard? >> fred, it has gone even worse than that. the judge has made ethical claims against baez. what he said was at the sentencing portion on the check fraud case, this was extensively discussed, the issue of probation. all sides knew it was going to commence upon release from prison. that was an argument that was raised and discussed at length. therefore, when there was a "scrivener's error," tha

we look forward to richard and avery. the name, casey anthony. >> it's back, huh? >> one more time.udge saying she's got to serve one year probation. when and where thewill that tak place? and then, you know how we try to help you get your financial house in order, what if you want to start your own business and be your own boss? what are some of the things you need to really zone in on? >> that's always tricky. people make it sound so easy, sometimes, just start your own business. >> exactly. for one, this financial expert will be along to say, you've got to really have a dream. you've got to have a dream about what your focus ought to be. >> you need to have a vision of something? >> no, you've got to have some passion about the kind of business you're going to start. it's it's got to be your dream, your passion. she's going to talk about how you need to focus on that, how you need not be influenced by other businesses who may be doing something very similar, don't try to run with the joneses, that kind of thing. a whole lot starting at noon eastern time. >> a lot of politics. >>

. >> sean avery from the nhl. but said he has been arrested, he was having a party, the cops came, and he pushed the cop and slammed the door in thihis face >> but he is such a good hockey player. >> you can do no wrong. [laughter] >> you get used a preference for treatment. it you get in trouble, they get you out to make sure you are ready to play the next game. that is the unfortunate thing, these guys we got in their mid-30s it have to abide buybacks societies regulations. >> you know the after, been? capital-letter -- as you know the actor who plays bean? have you seen his car? give has increased in value. >> pick it saiwhere is the taxie stock >> you have to have a back seat. for nicking at the drive- in. i am using old terms. >> are there any more drive- in's? >> i think there is 1 left. >> when we are growing up, that was a big deal. >> these athletes are supposed to be cooled and studs and everything else. i have to give examples. justin for set. to celebrate his one year anniversary with this. take a >> i

. >> reporter: outnumbered by 7-year-old findlay, 6-year-old avery and 2-year-old emory.heir family home in charlotte, north carolina. far from the hollywood where harmon must work 90-hour weeks on "rizzoli & isles." >> they are my anchor. i don't do very well on my own. it's almost like i don't have an identity when i don't have them with me but it's what i know is what we're supposed to be doing because they're flourishing. >> reporter: thanks to summer vacation from school they're in los angeles now and excited to share a birthday cake we got on top of the world mom who turns 39 today. >> oh, my goodness. really. thank you very much. come here. oh, are you dying to get into that cake? oh, my goodness. well, stick your fingers in it. >> happy birthday, indeed. obviously sheet gets back to charlotte, north carolina, as often as she can. surprised her husband there for his 40th birthday. i mean really surprised him. like crawling through the trees behind share house and crawling through the doggie door surprised him. that's a major surprise. i wonder what he's got planned

>> this from avery. absolutely not.d not go seeking monitors abroad and steer clear of these foreign civil wars. what do we know about the rebels and the leaders who will replace gadhafi? from andrew, do the ends justify the means? obama refused to get congressional support like the law requires but a dictator is now gone because of obama's actions. not one american casualty. but it's too early to tell. crowds rejoiced in baghdad as well when hussein fell. if the rebels can consolidate power, not splinter into factions and fight among themselves and prevent the lawlessness that prevailed in baghdad, then they have a chance. the next few weeks will be important. keep the conversation flowing. face book/americanmorning. >>> it's 55 minutes after the hour. what do you got? restrained driver... sir, can you hear me? just hold the bag. we need a portable x-ray, please! [ nurse ] i'm a nurse. i believe in the power of science and medicine. but i'm also human. and i believe in stacking the deck. energy is being produced to pow