esther panitche, a criminal defense attorney and doug burns, a former prosecutor. good to see both of you. >> thank you. arthel: doug, i want to start with you to pick up the new detail that patti ann reported on. the prosecution is claiming that the jordan graham, the wife, she blindfolded the husband before he fell off the cliff. is it easy or tough for the state to prove that? >> it is interesting because if i understand what is going on procedurally, arthel, the defense got wind that the prosecutors may want to introduce the fact that the victim was blindfolded.

doug burns is a defense attorney but was also a former prosecutor.ctually watched the interview and i asked my producer to pull that portion of it. i'm going to play you another portion, because i think there's a bigger issue at stake here. first of all, this sheriff was a no nonsense sheriff. he actually identified these girls that were about 15 kids picking on rebecca and she jumped to her death. tell our audience why the charges were dropped. >> well, you know, first he identified them. there was a lot of controversy swirling around that obviously. at this point, they feel they don't have enough evidence, you know, for a criminal case. that begs the question as to whether there may be some potential civil liability obviously. they're couching it, not surprisingly, in terps of the parents since the girls are under age. >> so insufficient evidence doesn't mean they're guilty or innocent, it just means the prosecutor doesn't have enough to bring the criminal case. now fox news has learned the parents are going to bring a civil case. that's money dama

esther panitche, a criminal defense attorney and doug burns, a former prosecutor. to see both of you. >> thank you. arthel: doug, i want to start with you to pick up the new detail that patti ann reported on. the prosecution is claiming that the jordan graham, the wife, she blindfolded the husband before he fell off the cliff. is it easy or tough for the state to prove that? >> it is interesting because if i understand what is going on procedurally, arthel, the defense got wind that the prosecutors may want to introduce the fact that the victim was blindfolded. they made an anticipatory motion to block it which makes sense. to answer your question, look, if they really want to go with the theory she blindfolded him, i think it strengthens the prosecution effort. i think that is why the defense is trying to block it. connell: meanwhile, esther, the defense is also requesting that any evidence filed by the prosecution now should not be allowed into court since the deadline has passed. this is including that piece of evidence that's being tested for dna. doug is sayin

joining us now is attorney doug burns to weigh in on this.s mutilation -- not involved in this lawsuit? >> no. stuart: it seems there's a principle here, how far can someone go to say i don't want my name, music, my band used in any way for endorsement or commercial in any way? how far does the law protect that statement? >> the expression of that sentiment is going to run into a problem with the law because there are instances, stuart, where you cannot prevent somebody from using it. they have what's called the fair use doctrine, for example. and says you can use something for an educational purpose, a nonprofit purpose and a purpose ttat's not commercially based so the point that's interesting, one of the band members who sadly passed away. stuart: yes. it was adam youch that he died last year, he said put in his last will and testament that he didn't want their music used for commercial advertising or instances. and there are sninstances where it can be, but-- >> when it parody again, you know, and legitimate and when is it not? for exampl

joining me now is doug burns and a criminal defense attorney. doug, i know that there's something called a student handbook at gonzaga. i didn't know they had a policy on guns. gonzaga. but now we got a problem with their student handbook. off campus housing owned by the university even though he has a permit. >> interesting tension between criminal law and university policy. the student did absolutely nothing wrong under the laws of the state of washington. however, the university has a policy saying you can't have a gun either in a dorm on the campus or in university owned housing which i believe this apartment was. so the point is, i can certainly understand critics wait that makes no sense. the university is re-examining the policy. >> they are under probation, facing sanctions, they might being expelled. it's better they might have been killed. >> that's right. the intruder that came to their door was a six time felon. this campus should introduce them to the second amendment. they did nothing wrong. and he was licensed gun holder defending

doug writes us, burns me when the lovely lady i'm married to insists that the brake pedal is on her sideroductive. >> tony writes, i am the most annoying person in our car on the annual road trip. i drive the entire 800 miles. i commandeer the radio. they still love me. you are highly self-aware. that's why they love you. we will also listen to rick sing a little bit of his favorite song. a lot of miley cyrus. >> yes, "wrecking ball." ♪ you came in like a wrecking ball ♪ >> she could be "time" magazine's person of the year. >> you are so wonderfully unembarrassed. i love that. you have no self-consciousness at all. you don't sing miley cyrus on the air -- >> i thought she was singing "i came in like a rainbow." >> yes. we're having too much fun. >> you actually made a reference to it. >> yes, he looked at you baffled. >> have a great day, everybody. >> after the show show, join us, foxandfriends.com. >> see you tomorrow. >>> i'm in! >> forget "ready, set, shop." try, "ready, set, protest." hi, everyone. this is bulls and bears. unions out in force, protesting walmart on black friday. som

doug luzader happy weekend happy friday. have a good one. >> thanks, you, too. >> dramatic video of a brush fire raging in new york. the blaze started just after 1:00 yesterday afternoon. it has been burningver since. the fire stretches over about 30 acres of land in a state park. firefighters have had to back away because of dangerous conditions. right now the fire is not threatening any homes. but over in texas, a chevron gas pipeline explosion has caused dozens of families to be displaced. the explosion happened after a construction crew accidentally drilled into the line. officials evacuated a 1 mile raid i didn't say around t-- ra. there is still potential danger as the fire burns out. no injuries have been reported. >> new details are emerging on the terror attack on benghazi. sir vooifrs are telling their stories to congress this week. new information is revealing the ter riverses kn -- terrorists nt location where they were seeking shelter. this after congressman bill young who spent 90 minutes speaking to a man who was wounded in the attack. young spoke to fox off the record but after his death young's widow gave us permission to broadcast this audio interview. >> the fact that i

slash-and-burn fiscal conservative, but out here, they say he's the bleeding heart they call when the eviction notice comes. >> people keep saying his a -- he's a huge massive social -- >> councillor dougted is here. almost everyone is thrilled to see him. >> these folks love you. do you recall how you're perceived around the rest of the country? >> they can make fun of me, laugh at my all they want. these people have known me for -- i was born and raised here. >> why did you decide to finally admit you had smoked krask. i'm not going to have someone try to blackmail me. and hold it over my head. i've just had enough, sick and tired of all these allegations. and that's all it is. sorry, kids. i shouldn't swear in front of kids. i make mistakes, i drank too much, i smoked some crack sometimes. what can i say? i made a mistake. >> reporter: you can't you see why someone -- >> you know -- >> no, i didn't say that. they had, do you smock crack? >> no, i don't smoke -- i don't smoke crack, i haven't smoked crack in over a years. you guys are all cut from the same closest. >> you know what? >> at this point he tries to call his brothers. >> when you come and accuse me of being a crack addict

. >> doug is back to sending out charts that compared this market to the 1929 market. but there was a great simpson's quote from mr. burns who said i haven't checked the markets in a while. let me take a look here. i haven't checked since 1929. oh, no. oh, no. in corporate news, shares of hewlett packard getting a boost after the tech giant posted better-than-expected earnings in revenues. we're going to talk to an hp analyst. this is a little surprising, right? isn't it weird the way the market is able to confound the consensus thinking? and i thought people thaw maybe the turn around wasn't going that well. now here we are, back above 25 or so. and t.rowe is another stock to watch today. or you can tivo it and watch it later, right? companies quarterly results beat the street. helped by strong growth in cable, television subscriptions and crocs a big winner. the company is in talks with blackstone and other firms about a possible buyout. i have the canvas ones that i've told you about. >> i'm not allowed to wear mine outdoors. >> you've got a lot of rules. no cargo pants, no crocs. >> none in public. >> probably wouldn