david lee miller is following the proceedings in newark. david lee? david lee miller, it's shepard smith in new york. we're ready for your report if you can hear us. >> shepard, this is day number 35 for the menendez trial. at 2:20 this afternoon, the judge read a note from the jury. the note read in part "we cannot reach a unanimous decision ". the time here is significant. about three hours earlier at 11:00 a.m., a new juror on the jury began to deliberate with the 11 others on the panel. last week one of the jurors was excused because she was going to go on a long planned vacation and she was replaced by another juror. the judge had agreed at this at the start of the trial. now the dismissed juror, jury number 8, told reporters after she was dismissed in interviews she thought that senator menendez was not guilty and that she was being pressed by other jurors on the panel to convict him. a short time ago, we heard from senator menendez, his reaction to this latest issue with juror number 8. listen. >> first of all, as i said 2 1/2 years ago when i f

let's go to david lee miller in newark, new jersey, this is officially a mistrial, what happens now? >> that's right, the judge has officially declared a mistrial, no one knows what happens next, that is going to be up to the government. the question is whether they are going to try and retry this case, i can tell you that senator menendez moments ago, very pleased with the outcome of this trial, not an acquittal but he was nevertheless very pleased with the fact that this was a hung jury. the jury was deadlocked. the judge, the defense, and the prosecution met with the jurors for about 20 minutes individually to confirm the contents of a note that said the jury is deadlocked on all the accounts, when the senator exited the chambers of the judge with his attorney he walked over to his son and daughter, he was smiling and he embraced them. he was as joyous as he's ever been since this trial began 11 weeks ago. we expect to hear shortly from the senator, he is inside the court right now, he has spoken in the past on occasion and we anticipate that he will be speaking with reporters tod

david lee miller is live in lower manhattan and has the latest for us. david? >> the scene here in lower manhattan at this hour, eerie, surreal, and deadly. as of now and at least 8 people were killed, at many as 12 were injured. as much as possible, new yorkers try and get on with their lives. the scene right here, there are hundreds of new york city police in lower manhattan because of this attack. there are also trick-or-treaters. and all this taking place in the shadow of the world trade center. to give you a sense of the geography as we pan up. that is the world trade center a few short blocks from where i'm standing. authorities identified the perpetrator of this attack. they say the alleged attacker was sayfullo saipov, 29 years old. they say he had a florida driver's license. he may have been living in new jersey, this reported by the associated press. but it's an ongoing investigation and that's not entirely clear. it appears the attacker began to drive a rented pickup van down a bike path down manhattan's westside. he entered the bike path, drove sout

david lee miller. i've been reading the notes there. tell us what is happening. >> i left the courtroom just moments ago, harris. there was a note from the jury at about 11:30 a.m. the jury in great detail told the court that it is now deadlocked. the attorney for robert menendez told the court "we have a for-real hung jury." the defense here is arguing the judge should declare a mistrial. the prosecution meanwhile said that this new jury -- by that he means the jury in place since monday when an alternate was placed -- has been deliberating for three days and it's premature. the judge was also asked by the prosecution to tell the jury that they can deliver a partial verdict. the judge said based on the note that doesn't seem like an instruction that would make any sense. the gap here is just too broad, too wide. there's too many despairent views and he wouldn't order a partial verdict. the judge has indicated he wants to interview the foreman of the year to hear in his words that the jury is deadlocked. what will likely happen then, af

david lee miller live near the scene in lower manhattan. pard, this is where the rampage began. it's now the location of a makeshift memorial. you can see there are eight simple white crosses, one for each of the victims. this would in particular for a young man from new jersey. someone wrote, "you will be missed, but never forgotten." there are similar sentiments all along this makeshift memorial. this cross in memory of the young woman from belgium, mother of two, the note reads, "fellow writers, even though while i did not personally know you, my heart breaks and you will be missed." this is underscoring the horrific nature of this rampage. you can see the newly installed concrete barriers, shepard, that are in place to now, designed to protect another similar attack from happening again. these barriers are being put in place all around the bike path, a total of 57 locations. just a short time ago, new york's police commissioner in a very candid moment said during a news conference, what happened tuesday we think about all the time. we kn

david lee miller is in newark. >> supporters cheered as new jersey democratic senator robert menendez exited federal court in newark. minutes earlier, a judge declared a mistrial in a case that's dragged on for 11 weeks and that could have sent the senator to prison for decades if convicted of 12 criminal charges including bribery, conspiracy, and making false statements on his senate financial disclosure form. today's resurrection day. the judge declared a mistrial after members of the jury sent him a note that said they could not reach a unanimous decision on any of the charges. >> the way this case started was wrong. the way it was investigated was wrong. the way it was prosecuted was wrong. >> prosecutors allege that menendez did blow to go favors for his longtime friend, florida high doctor, dr. salomon melgen. in return, milligan provided the senator with free luxury travel and more than three quarters of a million dollars in contributions that benefited hin for reelection. the defense said it was not a case of bribery but one friend doing favors for another. after 30 hours of d

. >> harris: david lee miller is live in lower manhattan with the latest. >> that news conference lasted nearly one hour and for the first time now, we are getting some very detailed information about the 29-year-old suspects. sayfullo saipov. the authorities say that he followed essentially to a t the isis playbook on how to perpetrate an act of terror. they set forth a very elaborate timeline, they said that yesterday at 2:06, he rented the truck he later used as a weapon of mass destruction. it had 2:43, he entered new york city over the george washington bridge and at 3:04, that's when the rampage began. he used that rental truck as a weapon of mass destruction and he began to plow down both cyclists as well as pedestrians along new york's westside highways. the authorities today also talked in detail about some of f the things he had in his possession at the time of the attack that starts with some of the weapons. here now with the deputy police commissioner john miller addressing some of the weapons that authorities found. >> there have been a number of search warrant executed and

david lee miller is live at the scene in lower manhattan. david, good morning. >> good morning, sandra. this is an intense and ongoing investigation. underscoring that i was here minutes after the attack took place yesterday at this hour 17 hours after the attack that rented pickup truck is still in place as investigators try to determine more about what took place. the rampage lasted less than half an hour over a distance of about two miles along manhattan's west side. authorities now know what happened but are still trying to figure out why. as you mentioned the suspect 29-year-old sayfullo saipov allegedly drove that pickup truck into more than a dozen cyclists and pedestrians along a bike path and then ran it into a school bus and ran through the streets of lower manhattan shouting allahu akbar. he was then shot by police. he is out of surgery in the hospital and shot in the abdomen. he is soon going to be placed in the prison ward and just moments ago on our sister network fbn new york governor andrew cuomo talked about the suspect's tie

>> fox's david lee miller live in newark tonight, where that trial was, and david, what's next? i know you talked to the senator about the decision today. >> well, one of the big uncertainties, is what the justice department is going to do. they can decide to retry this case. they now say this they're reviewing the matter, although this trial is now over, his legal problems are not ending. apparently, the senate majority leader, mitch mcconnell, put out a release, saying that he's going to ask the senate ethics committee to look into the event, leading up to the indictment. one of the interesting things today, iaian, as soon as he finished his remarks, i ran up to the senator, as he was get ting into his car, and i asked him essentially: you are not convicted today, but you also were not acquitted. do you feel exonerated? >> he pause in the his tracks, he looked at me, he he said at that point in this country there is pre presumption of innocence, and he said he's at innocent today as the day this trial got underway. then he wrote off presumably to celebrate. even though this wa

in new jersey today, the federal corruption trial of robert mendez ended a hung jury, here's david lee millerorting from newark. >> reporters cheered as new jersey senator robert menendez exited new york. minutes later a judge declared a mistrial in a case that has dragged on for 11 weeks and could have sent to the senator to prison for decades. convicted of 12 criminal charges including bribery, conspiracy, and making false statements on his senate financial disclosure form. >> today is resurrection day. >> judge william waltz declared a mistrial after members of the jury sent him a note that said they could not reach unanimous decision on any of the charges. >> the way this case started was wrong. the way it was investigated is wrong. the way it was prosecuted was wrong. >> prosecutors allege that menendez did political favors for his longtime friend, florida high dr. solomon milligan. in return he provided the senator with fleet luxury travel and more than three quarters of a million dollars in contributions that benefited his run for reelection. the defense said it was not a case of bribe

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david lee miller is in new york with the latest. >> this marks dave four of a man hot in and around new kensington, pennsylvania. the killer of a police officer is on the list. the tragedy began friday night about 8:15. the rookie officer exited his police cruiser. after he attempted to stop an suv, the driver pulled away and a passenger in the vehicle ran. during of foot chase, officer shaw was shot and killed. an arrest warrant has been issued. the 29-year-old suspect has a lengthy police record. a local tv station is reported that the mother wants to wantso turn himself in. >> to the individual who did this, we will find you. we will arrest you. we will prosecute you so that you are held accountable for what has occurred. >> the driver of the suv was arrested on sunday. a police affidavit says heroin was found in harper's home. a painful time for the officer's family has made more difficult with his killer still at large. >> officer shaw had a wonderful family. they are trying to go through the grieving process and deal with the whirlwind of tragedy. >> officer shaw leaves behind his

david lee miller is live from the u.s.ict court in newark, new jersey. >> about an hour ago senator menendez arrived at court for day 36 of his bribery trial and brushed aside reporters' questions as he entered the building. yesterday the jury sent the judge a note. it said we cannot reach a unanimous decision on any of the charges. the judge sent the jury home early, advised them to get a good meal and good night's sleep to continue the deliberations this morning. what is significant here is that an alternate juror was placed on the panel yesterday morning to replace a juror excused in order to go on a long-planned vacation. the new jury only deliberated about three hours before telling the judge they could not reach a unanimous decision. that excused juror before jetting off on vacation spoke to reporters. she said she felt menendez was innocent of all charges and that she was being coerced by fellow jurors. yesterday afternoon the senator reacted to the jury dilemma. >> as i said 2 1/2 years ago when i first faced these

david lee miller has the notice on the security threat. >> hi. they are indeed pulling all the stops for a sunday morning's new york city marathon. the security is going to be unprecedented. just a few moments ago, new york city officials held a news conference, outlined some of their precautions that will be in place for sunday's marathon. among them, they say there will be an increased number of observation teams counter sniper terrorism teams, heavy weapons d number of bomb sniffing dogs, as well as more radiation detectors. as well as you mention, there'll be more barriers to prevent a car or truck attacked. >> we've added more sand trucks and blocker vehicles. the most we've ever used in any detail in the city. >> the sand trucks are 16-ton sanitation vehicles. they are not an unfamiliar site for new yorkers. they often were around trump tower when the president is in town. the marathon security efforts we are told will be a joint operation of some 20 local, state, and federal agencies. moments ago, new york's mayor, bill de blasio, try to r

. >> jon: david lee miller is live with more from new york city as we await the beginning of that news conference. david. >> jon, the street where this rampage ended still completely shut down. this as the rental truck that was turned into a weapon of mass destruction remains in the middle of the street as this investigation continues. at this hour the suspect is at bellevue hospital on the other side of manhattan being treated for a gunshot wound. investigators are trying to speak with him now. the alleged attacker sayfullo saipov is 29 years old. he is from the former soviet republic of uzbekistan. he lived in paterson, new jersey, a new york suburb. a short time ago f.b.i. agents were at that location seen exiting the home with garbage bags of evidence. >> jon: we are going the pause for one moment to let our fox stations join us. i'm jon scott in new york city, this is fox news coverage of the terror attack on new york. new york city police just beginning a news conference. let's listen. >> i know you have a lot of questions. we'll field the questions as best as we can. please work

. >> shannon: david lee miller.sender bob menendez corruption trial, president of the american commitments has the legal procedure has received minimal media coverage, and he's here to say it deserves more. good to see if the night. they go great to be with you. >> shannon: what are we missing here? >> to me it should be like the biggest story going. it's not very often that we have a sitting united states senator on trial. it's especially not often to happen on trial that involves $105 million stolen from medicare that paid for luxury private jet travel whatever he wanted to go to luxury resorts and parted with supermodels and we have all the glamour shots of all of them. if you think this would be wall-to-wall writing ratings on all the networks, and yet we are ten weeks into this trial, the cumulative total on the three broadcast networks morning and evening news is 2 minutes. >> shannon: total coverage in ten weeks back >> they just added that up as of today. it's astonishing. >> shannon: these are serious charg

new york terror attack the north dakota will be holding news conference momentses from now, david lee milleravid what are we expecting to hear this morning? >> well we expected to learn a great deal more about the suspect. as for where rampage took place you can see right now at this hour that this area still completely shutdown. and still sitting in the middle of the street 19 hours after the rampage got undersips that rental truck that was used for a weapon of mass destruction authorities say that they are now trying to speak with the suspect and identified as 29-year-old sayfullo from sofer republic of uzbekistan lived in pather on, new jersey in new york city suburb and we're told that just a short time ago that fbi agents were at that location they were seen leaving that home with some of the contents inside. as you mention ashley we expect in the next few minutes -- at the top of the hour to hear a news conference from the new york city police commissioner the mayor as well as the governor. back to you. >> very good david lee miller thank you very much for the latest from downtown manh

david lee miller is watching it from here in new york. what do we know now? >> good morning, bill. of a manhunt that has the entire community of pennsylvania, 20 miles outside of pittsburgh on edge. the killer of a police officer is still on the loose. the tragedy began friday night at 8:15. that's when rookie officer bryan shaw exited his police cruise for what would be the last time. shaw for reasons authorities are not releasing stopped and s.u.v. the suspected gunman then fled on foot. shots were fired and shaw was killed. an arrest warrant has been issued for the man believed to be the shooter, 29-year-old holt. according to court documents he has a lengthy police record in 2007 when convicted of possession of an unlicensed firearm and was in prison for drug charges. the police chief had this message for the suspect. >> to the individual that did this, we will find you. we will arrest you and we will prosecute you so that you are held accountable for what has occurred. >> it is possible there may be surveillance video from cameras near the shooting. one witness who came to the

david lee miller back at his post in newark, new jersey, what's up?one reason it may be taking so long is because some of the jurors have been chronically late. this morning court was supposed to convene at 9:30. deliberations did not start until 10:04. a couple of the jurors couldn't get here on time. we do know that the jury is split. we do not know how big the gap is. and we do not know what the issues are. since monday when they sent out a note saying they were deadlocked and the judge said get back at it, the jury has not made a peep, not a single note asking to hear testimony read back or asking to see any of the exhibits. on a couple of occasions, the jurors have been observed in the back of the courthouse here taking a smoke or getting some air. taking a break. but right now, bill, the only thing i can tell you is that the jury looks very tired. like a lot of the people here at the courthouse waiting for a decision. >> bill: you wonder what effect that has, if any. any word from the senator lately, david lee? >> on occasion he does speak out.

david lee miller outside the courthouse in newark, new jersey. >> the jury deliberations were supposedr. that's not the case at the request of defense attorneys. the judge is now questioning a number of the jurors to see if they've been contaminated by information in news reports. this dispute centers on juror number eight. she was dismissed to go on vacation last week. she has been replaced by another juror, an alternate. now juror number eight gave multiple interviews last week saying among other things that other jurors tried to intimidate her because of her view that senator menendez was not guilty. here is some of what she had to say. >> still saying not guilty. >> changing that more people are changing? >> yeah. >> anyone in there big a big advocate for guilty? >> yeah, we have someone in there that don't want to hear saying he is guilty. >> defense attorneys have told the judge that they believe there might be misconduct in the jury room because juror number eight they say was prevented from giving a note to the judge during the deliberations. secondly, they are questioning whet

david lee. >> reporter: harris, just a short time ago police sdwriebed more information about the suspect in the case. he followed the isis playbook to a t. the deputy commissioner for intelligence, john milleraid he familiared the reg min prescribed and there is a published report and sayfullo saipov may have made a couple of dry runs and the last one recent leap as saturday. he is now recovering from a gun shot wound in a new york city hospital and he's been interviewed by authorities and they have not said what if anything he disclosed. he flew for the most part under the radar when it came to law enforcement. mr. sayfullo saipov was never the subject of a intelligence investigation or fbi investigation and we know that with our work with the jtf overnight. and what we are looking for how did he touch the jub sebts -- subjects of investigation. >> reporter: it has been 24 hours since the rampage got underway. authorities say they are now executing a number of search warrants. this as the death toll stands at eight. there was those killed from argentina and belgium and american. and one person is still in critical condition. this as the investigation continues 23 plus hours after the rampa