>> some of the evidence includes six hours of video surveillance byron smith set up himself. at are being played for the jury, but on the tape smith talked himself quite a bit. you can hear him rehearsing his first meeting with lawyers, and he does that before the shooting. you can hear him refer to the home invaders as "vermin," less than human. he felt he was cleaning up a mess worse than vomit. he felt he was doing his civic duty. the audio records the shots being fired. they can be heard screaming and groaning after they are shot. a point after the girl is shot when smith's rifle jams. he is heard saying sorry about that before he switches weapons and fires again, jenna. jenna: what does it look like his defense strategy is? that he was defending himself after he had already shot the intruders once? >> well, his home had been robbed before. he said among the items stolen before were weapons. you can see them build the case that they had reason to fear the invaders could be or would be robbed. he said all along he was terrified because a series of break and that his home. h

byron smith is accused of murder in the shooting deaths of two teenagers. he claims he feared for his life and he shot them in self-defense. the jury is rinsing to a chilling audio recording that he made in his home. it's 6 hours long. it end long after these two deaths take place. he talks to himself afterward and in it he says i don't see them as human. i see them as vermin. what did you learn in court yesterday? >> a lot of compelling evidence came from an edited audiotape. he refers to the home invaders as vermin. less than human. he said he felt like he was cleaning up a mess, worse than vomit. he was doing his civic duties. before the shootings you can hear byron smith on the tape rehearsing his first meeting with lawyers. predicting that he was going to have a problem. martha: how important is the timing? there is long stretches in between the shooting of the first person and second one, right. >> 10 minutes between the time that nick brady came count stairs and was shot and haley was shot with a rifle. the rifle jammed. you hear in the audiotape smi

bill: byron smith accused of killing two teenagers breaking into his home. we are hearing for the first time that decided this case for the jurors. in moments. >> he sees people who are extremely violent, don't care about the law, don't care about anything but themselves. they are high on drugs. >> killed over nothing. when laquinta.com sends him a ready for you alert the second his room is ready, ya know what salesman alan ames becomes? i think the numbers speak for themselves. i'm sold! a "selling machine!" ready for you alert, only at lq.com. heather: a deadly crash shutting down part of a highway in illinois. during off the road slamming head-on to an overpass. littering the interstate with debris. no word yet on what may have caused that crash. bill: packing their bags and allowing them to testify on the hill. kathleen sebelius wants to read testify next week, but she says she will not attend. jonah, good morning to you. can you do that, can you say no? i am just not going to go. >> let's be a little humane about this. it is totally understandable why s

>> the defense made the point that byron smith never left the house.e intruders pursued him and he made the appoint that had the teenagers never broken into this house they would still be alive today. the defense also played an speaker vue with police in which smith said he had no idea if the home invaders were armed. he wasn't about to ask them or search them. prosecutors liken smith to a deer hunter who set up a blind and they used the audio in which you hear the breaking and shots and here hailey kifer suffer. >> did the defense in its closing discuss this one clean finishing shot and the implications of that? >> the defense not so much. the prosecution leaped heavy on it and the audio surveillance played and also a photograph put up of the handgun, the second weapon used, showing blood on the sight of the weapon, indicating that it had to be moved in close for that good, clean finishing shot which occurred right under her chin. >> the case has gone to the jury. we'll have updates. >>> let's bring in=jhlxbj ash, criminal defense attorney. how are

. >> reporter: byron smith has pleaded not guilty to first-degree premeditated murder, in the killingcousins, claiming self-defense. telling police he was living in fear after several other break-ins to his home. now, new testimony that could be crucial in the outcome of this case. new details in the trial of byron smith, shedding more light, on the night he killed nick brady and haile kifer. who police say broke into his minnesota home on thanksgiving of 2012. >> it's not pretty. i told them in my opening statement. it wasn't meant to be pretty. >> reporter: a stunning revelation from the medical examiner. that 18-year-old kiper had marijuana and ingredient found in cough medicine in her system. levels high enough to make her intoxicated and possibly hallucinate. >> the prosecution is going to argue that she was intoxicated. she couldn't have possibly been a threat. the defense could use the evidence to its advantage by saying, she was acting out of her mind. i really don't think at the end of the day, it affects the case one way or another. >> reporter: the medical examiner testifie

because byron smith was in his home, he did not have to retreat.ing arguments are expected today. this is whether or not the jury thinks the homeowner acted in a reasonable way, considering the danger he was in. guys? >> thanks very much. >>> we move to a shocking arrest for grammy winner paul simon and his wife, edie brickell. police were called to their home for an argument. and now, the two face charges for disorderly conduct. abc's linzie janis has the story. >> reporter: paul simon and his singer/song writer wife, edie brickell, are downplaying the storm that landed them in court on monday. >> it's fine. we had an argument. it's over. >> reporter: a call from their estate saturday night prompted police to investigate. then, arrest both for disorderly conduct, after finding evidence of a physical fight. >> it was a physical alternation. minor in nature. >> reporter: in a statement, brickell says, i got my feelings hurt and picked a fight with my husband. the police called it disorderly. thank god it's orderly now. >> we had an argument. and it'

>> the prosecution played audio recording and hope they can paint byron smith as a vigilante not someone defending himself. he was sitting in his basement reading a book and you can hear the rattling of the door handles and a window breaking. he hears the intruder walking down the stairs and you hear boom boom nick brady is shot twice by smith. and then he shot the teenager in the face because quote i want him dead. smith sits there in silence until he hears an 18-year-old come into his home. he shoots her once before the rifle jams saying sorry about that. he unloads several rounds from his revolver and can be heard calling the girl an explicit word. >> how has he been during the deal? cooperative with investigators? >> extremly cooperative. he called the police and let them know. he turned over the audio records as well. he showed his first signs of e emorgues yesterday morgues. this is the focal point for the defense: the break-in of the home. >> the trial continues today. thank you. >> rand paul is firing back at bob dole who criticized him by time along with others first timers like

an emotional day in court as the jury in the byron smith trial hears the chilling audio recordings of the moment he shot and killed two teenagers who broke into his house in minnesota two years ago. the family was sobbing after they hear him say you are dead before he shot him. he says he shot him in self defense tear fied after break ins. the defense requests a mistrial. >> a deadly new trend among teenagers to talk about they are taking a new designer drug comparable to lsd. 25 i is not only sending teens to the hospital but it has left 14 tepeople dead. it can apparently be taken by putting it in your mouth or spraying it into your nose. it comes in different forms most commonly as blotter papers soaked in drugs. the scariest part, teens are getting it on-line for as little as $5. >> significant side effects which include hallucinations, seizures, it could effect your kidneys, it could give you respiratory problems, and ultimately it can kill you. >> this past weekend in virginia three teenaged girls were hospitalized from it. the youngest just 13 years old. >> time now to take a l

took them three hours to find byron smith guilty of premedicated murder. he shot the unarmed teen a total of nine times after they broke into his ohm on thanksgiving day in 2012. his client was fearful because of previous burglaries. they argued smith appeared to take pleasure as evidenced in chilling awudio clibps of the shooting. >> they describe a chaotic moments a gunman burst into a building and opened fire. >> the gunman shot him in the bel belly>> police identify him as 19-year-old cramer. he walked in looking like rambo armed with a knife, molotov cocktails and bullets strapped to his chest. he wounded three critically before turning the gun on himself. they have an idea of the motive but aren't ready to make a public. the connecticut 16-year-old accused of stabbing a student to death. according to police he said quote i did it just arrest me when approached by the officers. there is speculation he was upset because sanchez wouldn't go to the prom with him. he faces 60 years in prison if convicted. >>> banned for life the nba making a huge statemen

and you hear another bang, and byron smith says, you're dead. u can hear a tarp wrestling. and sounds like he's dragging nick brady across the carpet. >> reporter: minutes later, when she went in the basement looking for brady, smith shot her, too. and quickly said, oh, sorry about that. but prosecutors say he didn't stop there. >> saying oh, my god. and byron was saying nasty things amid the shotting of her. >> reporter: smith fired the shot that killed her, what he called a good, clean finishing shot. smith has pleaded not guilty. smith's attorney argue he shouldn't be held criminally responsible for the death. but prosecutors say the teens posed no danger when injured. and they shouldn't have been killed. >>> we're going to turn to the amazing rescue caught on tape. a snorkeler in rough waters, starting to drown. the snorkeler's camera was running the entire time. and abc's matt gutman has the story. >> reporter: it starts out, another day in paradise. a snorkeler wading into the water off hawaii. his head-mounted camera capturing the breathta

byron smith talked to himself for hours after the deadly shooting and at one point said quote i don'tee them as human i see them as ver man. he was talking about his victims. the 67-year-old claims he was defending himself and feared for his life after several break ins at his home. >>> the fbi being accused of a no fly list. the government added them to the no fly list after they refused to sign up as federal informants. the fbi continually badgered them to relay information about muslim communities. the fbi has yet to comment. >> irs employees receiving millions of dollars of bonuses despite failing to pay their taxes. sam johnson of texas planning to reduce a bill that will prevent employees from getting bonuses in the future. it is something that needs to be taken care of as soon as possible. >> 100,000 federal workers who owe a billion dollars in back taxes i introduced a bill that sailed through the how is that went over to harry reid they never ever took it up. they said basically you should be fired if you pay federal taxes you should be prohibited from being hired in the firs

byron smith claims he acted ee self defense when he shot the teens who broke in his home.ticut teen was stabbed to death on prom day. this is the 16-year-old classmate accused of her murder. he's set to be arraigned. mother of a new jersey teen who killed a 12-year-old girl will be allowed to file a civil complaint against her son and his father. justin robertson's mother is seeking to hold her son and ex-husband liable for any potential damages stemming from a lawsuit brought by the victim's father. >> fossil hunters have discovered real treasure in the utah desert. they've uncovered new information about dinosaurs and the land they once roamed. their findings in the issue of the national geo graphic magazi magazine. >> it's amazing. given what's out there today, the area where an amazing amount of dinosaurs and incredible diversity of dinosaurs found was a desert today. it's known as the grand staircase. it's an empty wilderness, no roads. 75 million years ago it was more of a swampy, lowland like northern louisiana. >> it was called laura midya? if we were out there bac

the jury in the byron smith murder trial, listening to chilling audio recordings of the moments he shot killed two teenagers inside of his home. smith claims it was self-defense. garrett tenney has that. he is live in chicago for us. garrett. >> reporter: jon, these audio recordings are a key part of the prosecution's case that byron smith, that he wasn't, someone who was just trying to defend himself, but was a vigilante out there to serve justice on his own terms. the jury listened intently to the audio recordings. you can hear in them the sound of shattering glass as 17-year-old nick brady broke a window of smith's home. the 65-year-old was sitting in his basement and could hear the footsteps of the intruder walking around and comingdown stairs. two shots rang out hitting the teen. then a third shot to the face because smith told investigators, quote, i wanted him dead. 11 minutes later you can hear the teen's cousin, hayley keefe officer coming into the home, walking downstairs and stumbling as he shot. he tried to shoot again and his rifle jams and he told the girl, quote, sorry ab

byron smith says it was self-defense. that is why he shot them.secutor says that smith planned the killings and was waiting in his basement with two guns, a book, and some snacks. lis wiehl is a fox news legal analyst. doug burns is a former prosecutor. here to discuss this very strange case. so this fellow, byron smith, 65 years old. his place was broken into time and time again. he hears glass breaking upstairs and two teenagers wind up dead. >> right, is it before that he is waiting down in the basement for them, waiting with a snacks and power drink and all that with a gun ready to go. the teenager comes down, shoots the boy, teenager, not dead yet. goes off, a good clean, quoting here from him, a good clean finishing shot to the head. then drags that body to another room so he doesn't mess up his carpets, get blood on the carpets. the girl comes down, apparently according to him is laughing at him. he shoots her twice in the head. she is dead. she brings, he brings that body over and places it on the boy. that is not self-defense in any state

prosecutors said byron smith lured the kids to his house with the intent of killing them. smith's lawyers claimed self-defense. wach in columbia, south carolina, rangers rescued three in the national park. the dad texted he and his two children were lost. this is a live look in atlanta, a big story, a shooter armed with an assault rism fl opened fire this morning at a fedex station outside of atlanta. six people were wounded before finding the man dead from an self-inflicted gunshot. that's tonight's look outside the beltway from "special report." we'll be right back. [ male announcer ] along with support, chantix varenline is pron to help peop quit smoking. chantix reduced the urge for me to smoke. it actually caught me by surprise. [ male announcer ] some people had changes in behavior, thinking, or mood, hostility, agitation, depressed mood, and suicidal thoughts or actions while taking or after opping chantix. ifou notice any of these, stop chaix and call your doctor right away. tell your doctor about any history of mental-health problems, which could get worse whe tak

the man's name is byron smith. he claims he killed the teens in self-defense when they broke into his moment in minnesota in 2012. his defense team is now making its case after the prosecution wrapped. their last witness was a forensicses expert. she testified the gunman shot these teamage cows south carolina total of nine times at close range between six and 12 inches away. state law does allow the use of deadly force in minnesota. to defend yourself and your home. but the prosecutors say this crosses the line. and this, they say, is murder in the first degree. they say the man parked his truck away from his house so it looked like nobody was home. they say he waited in his base up. with an audio recorder rolling, just waiting for the teens to break in. one of them reportedly had broken in several times before and, sure enough, it happened. prosecutors say he shot the first teen the moment he stepped into the basement. they say the man then shot him again. this time in the head. at close range. more than ten minut

>> reporter: prosecutors are continuing to build their case byron smith was a vigilante out for justice on his own terms, not someone simply trying to defend himself in his own home. smith is facing life in prison and charged with two counts of first degree premeditated murder and two counts of second degree murder. added to those chilling recordings, today, the jury listened to a forensic scientist say based on ballistic the 65-year-old veteran fired two shots at the second teen's head from less than 6 inches away. another shot less than a foot away. >> how is the defense countering that evidence? >> reporter: well, their point is that this man was living in fear. his home had been burglarized at least 12 times, they say, as recently as a month prior to these shootings. he had several thousand dollars stolen as well as several of his guns. after that, they say smith was so worried it would happen again he installed audio and video recording devices and started carrying a handgun with him around the house. after the shooting smith told police he didn't have time to ask questions to see

closing arguments this morning this trial of byron smith. we'll find out what happens. we'll bring it to you live. >> where is the family right now? >> a wreck. but with god's help we have gotten through it this far and we'll continue to get through it. a boatload! ♪ foghorn sounds loudly ♪ what's seattle's favorite noise? the puget sound! ♪ foghorn sounds loudly ♪ all right, never mind doesn't matter. this is a classic. what does an alien seamstress sew with? a space needle! ♪ foghorn sounds loudly continuously ♪ oh come off it captain! geico. fifteen minutes could save you fifteen percent or more on car insurance. we cannot let the fans down. don't worry! the united states postal service will get it there on time with priority mail flat rate shipping. our priority has always been saving the day. because our priority... amazing! ...is you! the amazing spider-man 2 delivered by the united states postal service. bill: a debate over how far people can go in defending their homes. buy ron smith accused of murder after gunning down two teenagers after the pair broke into hi

but police say 17-year-old nick brady and 18-year-old haley broke into byron smith's house on thanksgiving either self-defense or cold-blooded murder. >> this was about anxiety a and fear. and what somebody does in their own home. >> reporter: prosecutors say smith was sitting in his basement, when he heard a window breaking upstairs. when nick brady started walking down into the basement, smith shot him twice. then, according to court documents, smith shot him a third time, in the face. allegedly telling investigators, i want him dead. minutes later, haley kiper walked down the steps, reportedly calling brady's name. smith shot her, too. telling investigators, the last time he fired was a good, clean finishing shot. smith told police he had been living in fear after several break-ins. he pleaded not guilty, saying he shot the teens in self-defense. but in opening statements monday, prosecutors said smith planned the killings. lying in wait for the two teens in his basement, with a book, two guns, energy bars and a bottle of water. a clear case of premeditated murder, they say, of two teen

one in minnesota, byron smith, he was found guilty using a similar defense. >> and the difference there executed the second victim. in the sense that one person was coming down the stairs. then, someone else comes down the stairs. shoots her. and as she's dying, he walks up and shoots her under the chin. this case is a little tougher for prosecutors because the defendant is going to say, this is my garage. it was dark in my garage. i didn't know what was happening. i was in fear for my life. and that's what the jury's going to have to evaluate. was he really in fear? was what he did reasonable and necessary? and again, as i said in a previous case, jury selection becomes so important in this case, as to who you have on that jury because a lot of people feel really strongly when you say someone breaks into my house, what are my rights? you have to be asking those prospective jurors a lot of questions whether they can evaluate the evidence fairly. >> we'll be watching this case. >>> we're going to get the latest on the royal breakup. prince harry has split from his long-time girlfriend. a

byron smith argued or rather has argued that he shot the teens in self-defense. tended to kill them. he fired a total of nine shots. key evidence was an audio recording that captured the killings in chilling detail, including smith's taunts as the teens were dying. >>> amanda knox dismissing the explanation by an italian court. for reinstating her murder conviction. the document states that knox herself delivered the fatal blow that killed her roommate meredith kercher. the motive is believed to be a deteriorating relationship between the women. but knox is proclaiming her innocence and plans to appeal. she insists there was no evidence showing she took part in the murder. >>> 68-year-old woman in england recovering after a frightening accident that happened at a cathedral west of london. the woman fell and was stuck in a tight spot, about 150 feet off the ground. rescuers brought in a royal air force helicopter that pulled the woman out. she suffered a broken wrist and broken pelvis. >>> it's the happy ending few thought possible. the south carolina family lost i

byron smith shot the teenagers nine times and the recording played in court but not released to

. >> byron shot and killed two teens who broke in his home. smith said he was protecting himself.rgue he went to far and the trial is in the third day. two trial attorneys with experience join us. ndavid, any way you slice it. it is a tough case to bear. but the burden of proof is on the prosecutors because they claim it was pre-meditated murder and he was wait for the tones. >> it is beyond a reasonable doubt. this man had 12 prior fell no break ins, and increasing violence. these kids smashed his window out and violently entered his home. what does the prosecutor want? him to wait until he is stabbed or shot himself? minnesota law is clear. a homeowner can respond to an act in his home with deadly force. if a home invasion or burglary. he can use deadly force which is precisely what he did. this verdict has no option other than than not guilty. i suspect that will happen. >> to davids point. a person may use deadly force to protect his or her home. but did smith go too far here? >> absolutely he went too far. it is called the castle dock rin. and not the okay coral and not the w