so, that's where he is coming from it makes sense. >> doug burns. trying to break it all down for us. >> my pleasure. >>> the fox news alert right now because we are monitoring that press conference that we have been telling you about it is now under way at the nebraska medical center. you can see on your screen. u.s. journalist infected with ebola undergoing treatment there the head of that hospital's nursing and biocontainment unit now speaking out about the conditions that nurses face while treating patients diagnosed with the virus. we will update you with any headline coming out of there, as you recall, because it's a biocontainment unit, it's different. it operates differently all around than the hospital in texas does, specifically because it is a biocontainment unit and we had the physician who was treating that patient on our show last week and he told us about all the different protocol that they go through, even with regard to getting rid of waste, which i was just discussing with doug burns is totally different at this particular hospita

doug burns is a former prosecutor.they are tried separately and he got a change of venue in his trial? >> it is a small town in vermont and they did get the venue changed to a different bigger place. and the defense tried to keep out the confession he gave to the police officer and they were not able to get it out. >> in his confession he said a ghost man named kevin made him do it. >> he said something else. seven hours is a long time to interrogate somebody. the judge ruled it admissible. being charged separately because they have antagonistic and they blame each other. and the defense lawyer said the wife did everything. my client had nothing to do with it and he confessed to save her. >> getting back to that as well, if that phantom was out there as a real defense, you would think that the defense would use it as he was insane at the time. they are not doing that and that means it is just a -- >> not going to help him. >> i didn't mean to disregard. the ghost thing. number one crazy. >> her side said she has multip

joining me doug burns, former federal prosecutor and lis wiehl, fox legal analyst. elieved to have done this are ages 15 and 17. do you believe, doug, they will be tried as adults or juveniles? >> that is the moist critical question. the prosecutor has the ability to ask a judge for waiver, meaning in simple english they can be tried as adults. a lot the critics say the prosecutor has too much power. there is important segue it can be used as plea bargain tool. heather: let's get back to that in a second. >> seven kid, right. we're not talking about hazing. heather: they call it hazing but this is so much -- >> this is beyond bullying. >> let me read some of the charges. aggravated sexual assault. aggravated sexual conduct. conspiracy to commit aggravated sexual conduct. criminal restraint. meaning, holding people down. >> kidnapping. aggravated sexual assault translation, rape of freshman kids. do i think they could be tried as adults? absolutely. i would bring the attorneys in i will try you as an adult if a, you don't tell me everything you know about the other ki

we'll bring doug burns and a list wheel. and good to see you.ve different jurisdictions and the attorney out of fairfax saying i will go in whatever order we'll go but we'll try this case. >> the community, you are getting a community wants to see this person tried. it happen in their state and county and community. the decision is part emotion, but as far as the legal aspect, it is how heinous the crime is. capitol murder goes first and kidnapping and abduction comes after that. >> so if bee have two murders and waiting to find out if jesse matthews is linked to these and waiting to find out if this is hannah graham's set of remains, if those cases are linked to jesse matthews and they happen in the jurisdiction, would they be tried together or two separate trials? >> it is interesting hearing you discuss multiple cases. >> usually if there is a knock-down-drag-out, very often you will see a plea bargain. >> for example, he gets the death penalty and they will weigh resources. do we really want to do this. because we know there will be appeals.

joining us now doug burns and mercedes coal win. thank you both for being here. governor of maine expressing disappointment with his decision. as governor i have done he give i can to protect the health and safety of mainers the judge has eased restrictions with this ruling and i believe it's unfortunate. however the state will abide by law. so the question for both, i'll begin with doug. could you coo the governor appeal this decision? could he push it a bit more? >> he's in a tough spot. you don't do a quarantine. somebody gets sick. we discussed this. he's in a very tough position. that's why he's upset. he could appeal i don't think he will. legally i think mercedes will agree the court made what we lawyers called some detailed factual findings which can only be set aside for clearly erroneous -- i don't think they will appeal. >> it appears the governor of maine says i don't like it, but i'll live with it. >> it's exactly right. if you're going to attack the judge's decision you'll have to show there's no rational basis for the judge making this decision to

bring in professor of medicine at nyu medical center and part of our fox news medical a-team, and doug burnsformer federal prosecutor and current criminal defense attorney. go to have you both. my first question, what did the hospital do ongoing? we have an opportunity. the doctor is somebody that you actually put on the stand. >> absolutely. >> so counsel, have at it. >> counsel, ten years of e.r. experience. >> anything you notice ned the intake of this patient that would cause you some concern in terms of what they asked him and what symptoms he was reporting. >> disclaimer. first i have to see all 1300 pages of the records to know for sure. i'm only seeing a summary. temperature, fever, 103 degrees, abdomennal pain, dizziness, headaches, and decreased urination, which is a red flag. that's often a sign they're going into septic shock. if that's true, not only would have to be admitted but into the intensive care unit. >> do you have an opinion about them sending him home. >> don't have the actual records to look at. i would say in a similar case it's very unlikely that i as a physician i

here now for some real talk, our legal panel doug burns and keith sullivan. both are criminal defense attorneys. while a lot of this breaking right now, we're also hearing that casey hickox may come to the microphones outside of her home. the judge originally, doug help clarify this. this is a live picture right now of the hickox home where she lives with her boyfriend there and we are awaiting comments now. no doubt about what the judge has just rescinded. >> the judge originally said that the government, the state, you know, can restrict or have her quarantined, et cetera. then probably by vir sue of looking at it a little closer reversed course. this is a tricky box because think about it real simple. it's a balancing test. you want to protect the public, but at the same time people are up in arms saying you don't want to necessarily restrain somebody who is asymptomatic, who has no symptoms, and isn't contagious. >> except we're just learning now that she actually lived with somebody in africa who actually had ebola. now, she may be out of the quarantine

burns and aiss wheel. good to so you both. doug, i want to start with you.had tested for a fever and the chris christy said this is our deal. even though she is released now. that steaks with the framework. but allowed her to go home. i have millions here to protect. and i have my own citizens. >> it is difficult for a politician. to us it is balancing case. but at the sometime time, a couple of law professors felt that this quarted,urer. and another issues, exkoudz me you want to avoid the public hysteria. and i know they will say. >> and what will you get if 3 or 5 other cases are triggered. >> they will put her in quarentine and federal law allows for quarentine and every state allows frpt >> with limits. when you have a ebola- type crisis that is a public health issue and no question if my mind she should have been quarentined and not only voluntarily. it is it a public health issue. if she violates this under federal law, it is a misdemeanor. and it is a criminal charge to violate the quarentine. >> and right. we have additional states, adding similar q

doug mart sin a possibility. the eagles also looking for a starting safety to pair with malcolm jenkins. nate allen current starter at strong safety got burned today for a 75-yard touchdown pass. eagles would like to send him to the bench. speaking of getting burned, falcons are up very easterly dwroi day. they lost to the lions. their owner arthur blank is dismayed by the outcome. and with the falcons now ent entering a by we can, we could have a coaching change possibly in atlanta. there is probably going to be a quarterback change in new york. geno smith was yanked after three first quarter intersepgss. mike vick came if after the game. rex ryan said he has no idea who his starter will be. geno smith has an shoulder injury. rex ryan will get more information about smith's health on monday. >> mike, thanks as always for the information here in nourns. the saints 44 and the packers 23. al michaels is back to wrap things up from the big easy right after this. alright guys. the usual. double wings, extra ranch. we need to do something different. callahan's? ehh, i mean get away, like, away away. road trip? double wings, extra ranch. feels goo

doug mart sin a possibility. the eagles also looking for a starting safety to pair with malcolm jenkins. nate allen current starter at strong safety got burned today for a 75-yard touchdown pass. eagles would like to send him to the bench. speaking of getting burned, falcons are up very easterly dwroi day. they lost to the lions. their owner arthur blank is dismayed by the outcome. and with the falcons now ent entering a by we can, we could have a coaching change possibly in atlanta. there is probably going to be a quarterback change in new york. geno smith was yanked after three first quarter intersepgss. mike vick came if after the game. rex ryan said he has no idea who his starter will be. geno smith has an shoulder injury. rex ryan will get more information about smith's health on monday. >> mike, thanks as always for the information here in nourns. the saints 44 and the packers 23. al michaels is back to wrap things up from the big easy right after this. alright guys. the usual. double wings, extra ranch. we need to do something different. callahan's? ehh, i mean get away, like, away away. road trip? double wings, extra ranch. feels goo

doug shimell. the story coming up. >>> this multialarm fire took hours to fight and the brave men and women from the atlantic city fire department rescued people from several burningbuildings but two longtime firefighters, veterans, didn't battle the flames with their colleagues all night long. >> that's right. at the stroke of midnight, they put themselves off duty. nbc 10 jersey shore bureau reporter ted greenberg explains why. >> reporter: with their fire department comrades still engaged in a battle against flames and smoke, battalion chief bob mccready and kevin bennett had to walk away. >> as the clock is ticking i kept looking at my watch saying, wow, i got to stop. you know? i got to stop doing what i love. >> chief bennett. officially retired. class of 83. >> reporter: the longtime firefighters made their final radio calls just after midnight on wednesday october 1st. the day both were scheduled to retire. >> it was bittersweet. >> reporter: the massive blaze that burned through four buildings broke out more than 90 minutes earlier on september 30th. mccready, a 40-year veteran, talked with me today by phone. >> it was definitely hard to leave in the midd