gallagher was allowed to sit on the zamboni after the first period. he may as well have been sitting on top of the world. looking up at the crowd, soaking it all in. >> i wanted to be on one ever since. it's an experience of a lifetime for me. >> the generosity shown to their son was emotional for mom and dad. >> my emotions right now are up there. it's so high right now. and i can't say enough about how much i appreciate it. >> this whole thing is just unbelievable how they can just have somebody come in and have a lifetime dream. >> it's been a tough road for nick gallagher, at least for one night, this night, the man who bleeds teal was able to live his dream. and the dream foundation, if you didn't know, is the first and largest national wish granting organization for adults and their families who are suffering a life threatening illness, right now, by the way, nick gallagher and his family are on their way back home by limousine. door to door service. george keerry yam in ri kiriyam. >>> a wildlife biologist talking about the killing of thousands

this thing is still developing. >> harris: trace gallagher.our first person perspective. you used to ride this line in and out of work. thank you very much. we'll stay on the story throughout the night on updates fox news channel. i'm harris faulkner in tonight tore shepard shepard s. pack tomorrow night with fox report weekend. right now the o'reilly factor. have a great friday. >> bill: the o'reilly factor is on. tonight. >> have a legal responsibility to inform others of the truth and you don't share that truth? that's what called? >> i always answer questions truthfully, mr. camp. >> bill: the fired head of the irs getting grilled today on capitol hill. but as usual he knows nothing. >> i don't have names for you, mr. brady. i'm willing to try to find that out. >> bill: we have very precise irs coverage tonight and talk to a man who got hammered by that agency. >> give meme stuff. >> stuff right now. >> i'm sorry. >> bill: students are attacking teachers all over the u.s.a. but now the los angeles school district says they will

when the man pursued them, gallagher struck. >> he more or less collapsed straight away.ran away. we got caught the next day. at the time i wasn't really thinking. and i was on drugs and drunk. >> gallagher received a life sentence but is eligible for parole after 15 years in prison. he works here as a barber. >> my mom and dad were middle class, suburban people, doesn't bother anybody. so for me to come into the jail, it was heartbreak for them. >> shock? >> shock, heartbreak. and that's why i barely talk to them anymore. >> how much time do you think you're going to be in prison before you really have a shot at parole? >> truthfully, i don't believe i've ever get out. that's just my perception of it. >> how does a 22-year-old face the fact when he wakes up every morning that he's spending the rest of his life -- >> drugs. tons of drugs. i've been in this hole three weeks and there's not been a day when i haven't had drugs. >> what kind of drugs? >> heroin. >> how are you taking it? >> smoke it. i seen you looking at my arms. people don't go for needles over here. absolu

trace gallagher is with us from los angeles.ace, the thinking was that if they didn't get a verdict today, that they probably would take a long weekend. it sounds like the verdict is in and we will know what, minutes from now or what? do we know? >> well, shep, i mean not so fast, because the judge said first we understand the jury that you have a verdict. and, in fact, what they are saying now is the judge could very well be deadlocked. now, our feed is kind of breaking up. can you see jodi arias right there. but it seems to me like the jury has not reached a unanimous decision, shep, so the jury remains deadlocked. and we went over the options before the court. and what they're saying is in essence the judge has now set a further date for them, july 18th is the date for what to happen? >> for the retrial. so this is what is going to happen now. we talked about option one and july 18th has now been set for a retrial. what they will do between now and july 18th, shep, they will impanel a brand new jury. this jury will be excused

the victory capped a memorable night for nick gallagher who has been battling cancer for the past seven years. >> i say live life every day. >> gallagher also received the honor of riding on the zamboni machine. the red cross was also on hand collecting victims for the oklahoma tornado. >> way to go sharks. >>> 4:36 is the time. sal, how is the the early morning commute? >> it's doing well as a matter of fact, brian and pam. we are looking at the commutes we always see at this time. you will see that traffic is wide open for you. especially on 80 coming in from vallejo. it has been a pretty nice drive and uneventful. just the way we like it. we don't want anything going on there. bay ridge toll plaza the same thing goes. we want it to be light. the trucks are backing up and doing that beep, beep thing getting rid of the cones. also the morning commute will be okay on san jose freeways. northbound 280 getting up to highway 17. steve. >> sal? >> pretty good day yesterday for san jose sports. great day. >>> yes. people ask me what is up with this pattern? it may last for awhile. it may eve

andy gallagher has more. >> he was at this apartment complex in orlando when he was shot and killed by investigators in the early hours of the morning. one account claims the 27-year-old chechen immigrant was killed following a violent confrontation but details have since become hazy. immigrant being questioned about possible ties with one of the suspects boston bombers and unsolved triple murder case when the shooting happened therein were now serious questions over the official account of how and why he was killed. >> we have confirmed through senior sources in the f.b.i. that was indeed unarmed once in the head, appears to be even back in the head. that's disturbing and we're calling for an investigation to make sure excessive use of force that was not used against this unarmed individual. >> his father showed reporters photographs of his son's body and apparently riddled with bullet wounds and now calling for a trial of the f.b.i. agents involved in the case. at one point referring to them as bandits. he had been interviewed several times by officials investigating the bombings in

. >> nick gallagher started hospice after battling cancer.ish to watch the sharks and ride on the zamboni made his wish come true rolling out the red carpet for gallagher and family. he even got to give the players high-five. the dream foundation grants wishes from adults and their families suffering from a life threatening illness. the sharks won 2-1 last night. >> great moment there. we want to get you updated to a fire going on in san jose. we have video of that. smoke everywhere on east capital parkway and center. right now very strong winds out there. marla, we're being told loss lagos golf cows nearby and schools. >> east side school district said no schools are affected. specifically singleton and lock and east san jose. it's up onto two acres and winds are a problem. >> a problem, especially when you consider fires move up. once the fire moves to taller trees, it becomes more and more difficult to fight. winds play a factor. they are in san jose sustained at 20 miles per hour. >> yes. it started as a brush fire. specifically once agai

trace gallagher has more. trace? >> reporter: you saw the pictures of the three brothers, megyn.s lived elsewhere. ariel castro lived inside the house where the women were being held. in fact, he has owned that house since 1992. that home is currently in foreclosure because the back property taxes have not been paid. one neighbor claims that ariel castro was very seldom at the house but others say he was there often, spending time with his dog, his cars, his motorcycles in the back yard, and that he always entered through the back door and most neighbors agree that the home was mostly dark. the lights at night were never on. castro was arrested for domestic violence and disorderly conduct back in 1993. he has been stopped six times over the years for traffic violations. in fact, even lost his job as a school bus driver for making illegal u turns. in 2004 he left a child on one of his school buses and police went to his home. the home where the women were being held. they found there was no criminal intent with the bus driving incident. his daughter was sentenced to 25 years in pr

murphy rruited 25 percent of all that's been raised from the gallagher and the rest of you will remainpercent on-ramps into $8 million. obviously greatly in need based on all the numbers we see. and to have that happen around an font around the super bowl will be the mayor said it's just the threshold we will expand on a cooperative basis. i would guess there's no other region in this nation that can change so many minds and souls in terms of resources and in terms of talent and in terms of location and obviously as my i late friend herb came in said if you can't make heaven san francisco is our preference and clearly the rest of the world sees it that way >> so i congratulate you mayor you've loud all of us to be a part of a mission to improve the area including super bowl 50 or 51. we're going to have a ball. there's no way this passage is not going to be approved by the owners in boston believe me i've spoken to a couple of my friends (clapping) >> i asked him not to raise expectations. we have some of the best companies in the world behind this bid and one is hewitt packard. tom br

gallagher is just 28 but the resident and former athlete has been fighting cancer.he not only met the players he was given a ride in the team's zamboni. >> every day is a new day. live every day like it's the last day. >> reporter: even though his cancer is terminal, this day made him there's a reason to live. >> reporter: yes there was a hockey game here tonight, but a lot happened off the ice as well. live in san jose, ken wayne, ktvu news. >>> as for the game itself and postgame reaction our sports director mark ibanez will have that for us in just a moment. >>> tonight the undisclosed amount of money is tucked away in an envelope at the police station. the chief says he finished dinner when he was surprised to find what he call as fair amount of cash flying around in the sidewalk. >> first you think, you've won the lottery but then you realize there is a process that has to be followed. >> reporter: the chief is eager to return the money to its rightful owner. he says the wallet was also found but without i. d. the owner needs to describe the wallet in order to

gallagher is just 28 but the resident and former athlete has been fighting cancer.ot only met the players he was given a ride in the team's zamboni. >> every day is a new day. live every day like it's the last day. >> reporter: even though his cancer is terminal, this day made him there's a reason to live. >> reporter: yes there was a hockey game here tonight, but a lot happened off the ice as well. live in san jose, ken wayne, ktvu news. >>> as for the game itself and postgame reaction our sports director mark ibanez will have that for us in just a moment. >>> tonight the undisclosed amount of money is tucked away in an envelope at the police station. the chief says he finished dinner when he was surprised to find what he call as fair amount of cash flying around in the sidewalk. >> first you think, you've won the lottery but then you realize there is a process that has to be followed. >> reporter: the chief is eager to return the money to its rightful owner. he says the wallet was also found but without i. d. the owner needs to describe the wallet in order to clai

. >> trace: i'm trace gallagher in for shepard smith.s is "studio b" and there's word the terrorist behind a deadly attack dramatized in "zero dark thirty" has been killed in a u.s. drone strike. that's from officials in pakistan. they say this is the victim, a top taliban leader and the heir apparent to one day head the group. the white house would not confirm his death and the taliban denies it but if it's confirmed it would be the first drone strike since president obama laid out new rules for the practice of droning last week. the taliban leader allegedly was killed and he was wanted for bombing of a u.s. base in afghanistan in 2009. seven cia agents died. jennifer griffin is live for us at the pentagon. is there anything international about the strike? >> only that it comes six days after the president laid out in a speech just how such actions should be used not in retaliation when american lives are directly threatened. >> america cannot take strikes wherever we choose. our actions are bound by consultation with partners and respe

trace gallagher continues our team fox coverage. she never apologized. >> the closest she came was saying because of what she had done a lot of people would hurt for a very long time. she said she continually changed her story because she was, one, afraid, and, two, she was ashamed, and the reason that she never made eye contact with the family of travis alexander is because they all look alike and when she seize their faces she sees the man who abused her, and here's what she would say to the family of travis alexander. listen. >> i hope that now that a verdict has been rendered they're able to find peace. i don't think they'll ever find the peace they would like, but maybe they'd be able to have greater peace now. or some semblance of it. and be able to move on with her life, and remember their brother the way they want. >> the 45 minute interview she talked about or around the world apology, but never said, i'm sorry. >> shepard: she told the reporter she wants to die, too. >> yeah, right, she called it the ultimate freedom. list

trace gallagher has the story. >> this is very important, megyn.res of the marijuana actually attached under that bus seat. as you look at these pictures understand now the allegation. they are saying that she walked on this bus and that she apparently had these two big packages. before she sat down, take a look at this. this is the same picture from two sides that she actually took a bunji cord and attached packages of pot to the underside of the seat, right? witnesses have already testified that maldonado walked on the bus with purse and two blankets. she and her husband were the last two on the bus and took the last two seats. they have seen the bus surveillance video and it shows exactly what the witnesses said and they are now rushing that video to the court. and in her first prison interview. maldonado says she she cannot believe this is happening. listen. >> i was in shock. i'm like this is not real. this is not happening they put my-cuffs in my hands. it's horrible. i'm going to be free. i'm not guilty. i don't have nothing to hide. >> pros

trace gallagher has more on this. >> reporter: those inside the courtroom say 42-year-old woman casecourt system is so corrupt that anything could happen. it was last week when the 42-year-old mother and her husband was coming back from a family funeral from texas. they got a public transport bus. when they got to a military checkpoint the passengers were unloaded and the bus was searched and they found 12 and a half pounds of pot underneath her seat. she said she didn't bring on there. nobody saw her bring it on there. nobody saw her tape it to the under side of the seat. a lawyer told the couple the judge could be bribed. they have $5,000 wired down from the u.s., but the judge didn't accept it. hearing is under way for the second day, but the way it works in mexico is that all the testimony is given and has to be typed up and submitted to the judge and the judge then makes the ruling. they say it could be sometime thursday or friday before he decides. here is maldonado's brother-in-law. >> there is so much red tape in the mexican government, just to get evidence that will easily p

>> jon: trace gallagher, thank thanks. commercial -- one passenger stood up on commercial flight and tried to open the door while still in the air. flight attendants and fellow passengers used seat belt extensions and shoe laces otie the guy down. here is a photo of that passenger. other folks on the plane say he was clearly putting up auto a fight. >> someone was ylg stop him, stop him. and i turned around and saw a large man trying to open the emergency exit had it was just yanking on it. loud hissing noise. his clothes were not buttoned correctly and he was very disshelved. i don't know what the situation this gentleman had gone through. but perhaps should not have been seated in the emergency exit row. >> jon: fortunately that flight from anchorage, alaska landed safely in portland, oregon, only 9 minutes behind schedule. police arrested the 23-year-old man on charges of interfering with a flight crew. a fire broke out on royal caribbean cruise ship this morning as it headed from florida to the bahamas. royal caribbean

trace gallagher with this story.s the goal of this group. >> the group is led by self-described anarchist named cody wilson. he says i make a political point that gun control laws simply won't work. he says if you try and ban assault weapons and high capacity magazines people can simply print them on their 3-d printers. now the truth is you cannot print an assault rifle yet on a 3-d computer. but you can print a key piece of it that is supposed to to be controlled by the government. wilson calls these 3-d guns wiki weapons and he wants the government to know that anyone with a 3-d printer and an internet connection can print one. he claims that his model, shep, has already been downloaded by some 50,000 people around the world. >> shepard: wow, what are opponents saying about, this trace? >> well, some democratic lawmakers are now trying to beef up the existing laws or bans on plastic weapons and the reason these 3-d guns don't fall into these laws already is because when the laws were passed, these plastic guns were

and trace gallagher has it for us.he breaking news is, shep, in the jodi arias trial, the jury has deliberated and now notified the judge that it cannot reach a unanimous decision, in other words the jury is deadlocked. the judge told them to go back and try again. the jury looked very frustrated. and the family of travis alexander was crying. keep in mind this is crucial. because if the jury cannot decide, then a brand new jury would be impanelled. and the penalty phase would start all over again. now, earlier the court also gave the jury some clarification about exactly what a life sentence means. in other words, if they sentence her to life, can she some day be paroled? the answer appears to be no because the state of arizona has no parole mechanism for those sentenced to life. so either way she would die in prison. last night during an interview with fox news, jodi arias was asked if she's prepared to be sentenced to death. listen. >> i'm as prepared as i can be i guess in a situation like this. i'm not anticipatin

>> shepard: trace gallagher, thank you, sir.k here in oklahoma we are getting new access to one of the most devastating neighborhoods. casey stegall is driving live in one of those now hardly recognizable streets as police let journalists in for the first time. that's coming up live and on the road from america's heartland. ♪ [ engine revs ] ♪ [ male announcer ] just when you thought you had experienced performance, a new ride comes along and changes everything. ♪ the 2013 lexus gs, with a dynamically tuned suspension and adjustable drive modes. because the ultimate expression of power is control. this is the pursuit of perfection. are you flo? yes. is this the thing you gave my husband? well, yeah, yes. the "name your price" tool. you tell us the price you want to pay, and we give you a range of options to choose from. careful, though -- that kind of power can go to your head. that explains a lot. yo, buddy! i got this. gimme one, gimme one, gimme one! the power of the "name your price" tool. only from progressive. >> shepard:

trace gallagher is live this hour. the prosecutor called the medical examiner who performed the autopsy on the victim here, trace. >> yeah. the medical examiner did the autopsy. what the prosecution is trying to do is kind of paint a picture for the jury of just how painful that travis alexander's death was, saying he had cuts on both the front and the backs of his hands, clearly showing that he was trying to fend off those numerous blows with that knife, that he punctured -- jodi arias punctured his heart vein at some point in time, which caused bleeding and symptoms very much like a heart attack. the theme here is that he was alive throughout the entire attack and that he was in great pain. listen. >> regardless of the time it took for all of these stab wounds to take place, was he alive at the time that all of these stab wounds took place? >> yes, i believe he was. >> was he alive when he was stabbed in the heart? >> yes. >> was he alive when he was bag stabbed in the back of the head? >> yes. >> was he alive when h

shep. >> shepard: trace gallagher, what's next?, we just have been notified that the actual evidence gathering period is now officially over. but in mexico, this whole process is very slow and tedious because they have to type up all of the testimony and submit it to the judge and then the judge reads it and makes his ruling. he will rule by 6:00 tomorrow night. if he decides she has to stand trial she will be in that prison for at least three or four more months. in her first prison interview she claims when authorities first brought them, in she thought they were trying to help them. listen. she was like i'm here to help. i'm here to criminals behind bars. and i said thank god. i'm innocent. so i tell her she is going to help me. >> so the ruling deadline is 6:00 p.m. tomorrow night, shep. they could rule at any time during the day. so the lawyers we have just been told will hang out in the court hours all day long, shep? >> shepard: state department spokeswoman says that counselor staff visited the mother again yesterday and tha

trace gallagher has the story. >> at it amazing.sion, both brothers were actually in a picture and tsarnaev was in the background. j.p. morgan and his brother, paul, both lost their right leg. paul also lost his left foot. it was the second explosion. they heard the first bomb. trying to get paul's girlfriend over one of the barricades when the second bomb exploded. listen. >> i just remember looking down and i didn't have a leg. i could see my leg a little was and i was trying to reach for it, hoping to be able to save it. in my head. >> after being in a medically induced coma for more than a week, both brothers finally, emotionally, reunited. listen. >> obviously i started crying. got emotional, and win the just hugged for a few minutes, and then just -- you know, had a good moment. >> you wonder how you would feel. both of these brothers both have a very positive attitude and refuse to acknowledge either of the alleged bombers. their mother says she is simultaneously crushed and excited. >> i'm excited and so happy they're alive.

trace gallagher is live in our west coast newsroom. is the family saying by way of reaction? >> well, the family of travis alexander now says they are not going to give any further comment, shep until after jodi arias is sentenced. the family attorney came out and said they would be filing a wrongful death lawsuit against jodi arias. in court when the verdict was read, the alexander family did let out a small cheer. they began to hug each other and sob. those in court said it was very emotional. the police chief from mesa, arizona, just outside of phoenix was also in the courtroom and here's what he said. listen. >> you know, it's satisfying and i will tell you, i sat in front of the family when the jury came back with their verdict and the absolute relief, the sighs of emotion, it almost brought a tear to my eye. >> friends of the alexander family sent out twitter messages say they feel they have been vinny del vindicatedy the way jodi arias is still allowed to send out tweets until after she is sentenced. shep? >> shepard: and she wi

>> shepard: trace gallagher for us. trace, thanks.uld have prevented the boston marathon bombings. that from the former connecticut senator joe lieberman who used to run the senate homeland security committee. he says government agencies should have done a better job sharing information before that attack. >> i believe that though it would not have been easy, it was possible to have prevented the terrorist attacks in boston. in a literal sense, the homeland security system, we must acknowledge that we built after 9/11 to protect the american people from terrorist attacks, failed to stop the tsarnaev brothers. >> shepard: former senator lieberman calls it serious and aggravating that the feds did not share a warning about russia on the older brother with boston police. catherine herridge works intelligence for us and live on capitol hill tonight. catherine? >> well, shep, the testimony today was devastating. after that russian tip about tamerlan that he was a follower of radical islam. the boston cops on the joint terrorism task force

in the crowd a special fan, the dream foundation will grant nick gallagher his final wish. a native who spent the last seven years battling brain cancer. he and his family will have ice level seats at tonight's game as they should, and they also get to meet the plays before the game. >> get to cruise on the zamboni, very, very nice. >>> a possible homecoming for safety charles woodson reportedly visiting raiders headquarters to talk about possibly returning to the team. the raiders have not confirmed the meeting however. he played eight seasons for oakland before he moved onto the green bay packers. the guy has had an illustrious career. in march he met with the 49ers but, of course, nothing came with that meeting. >> it could be a home coming. >> yes, indeed. >>> a florida teen gets a special visit at the prom. >> i think we can call this one a date of a lifetime. >>> finishing things up, how about a shot in the dark turning into the night of her life. >> a florida high school senior named nicole posted an online plea on youtube asking miami heat star dwyane wade to take h

trace gallagher live in the west coast news hub. maybe this will be the last of it.they delivered it for an hour and hour and a half. 15 minutes ago 10:00 local. 1:00 in the east. experts do not believe these deliberations didn't last very long. remember, during the guilt phase deliberated 15 hours. during the aggravating phase they only deliberated for an hour and a half. here now is a sample of the closing arguments from both sides. >> all of this is being presented to you during this phase of the proceedings. most of it has come from the defendant's mouth. this individual that will not hesitate when the truth fails to come up with a lie. >> but lying is not a capital crime. and lying does not give you the death penalty and lying isn't even an ago aggravating factor. >> if she gets life, she goes back to the maricopa county jail for a short time and then to prison. if she gets death. she goes directly to death row, shep. >> shepard: well, she has perspective now, trace. if i if i fill us in on all this perspective. >> yeah, she said that if she asked for the death

trace gallagher again with us., jodi arias could elect to speed up this whole process. >> she can. she can address the jury, shep, and tell them that she believes that death is the proper punishment. and if the jury agrees with her, beyond that, jodi arias could then drop all of her appeals. keep in mind that in the state of arizona death penalties automatically are appealed to the state supreme court. that, in itself. takes a few years. beyond that if she shoes not to fight. she can speed up the process and there is precedent back in 1987 a man who killed dropped all of his appeal executed five years later and tonight the arizona attorney general has issued a statement saying that if she does not fight, jodi arias could be executed by 2017. though a woman in arizona has not been executed since 1930. shep? >> shepard: trace, thanks. with us chris hughes a close friend of the victim and the victim's family. chris, thank you. >> hey, you bet, shep. >> shepard: how is this sitting with the family? >> you know, i haven

nick gallagher just started hospice care and his wish was to meet his favorite players and ride the zamboni. the sharks in the dream foundation made his wish come true. they rolled out the red carpet and he got to give the players high fives as they came out of the locker room. >> so cool. >> ever since i became a fan i wanted to meet them. exciting. >> this whole thing is unbelievable. you know, how they can just have somebody come in and have the lifetime dream. >> pretty cool. the dream foundation grants wishes for adults and families suffering from life threatening illness. the sharks won 2-1 last night. >> what a phenomenal night for nick. dreams do come true. >> they do. >> 4:55. let's see if it's a dream or a nightmare on the roads. >> some people wake up like -- but the commute is okay now. maybe it's just me. the tail lights toward marsh. the southbound side with all the headlights streaming moving smoothly. there is slowing on the map. i saw it starting up approaching marsh in the southbound direction. details coming in. a car crashed at the right-hand shoulder or at least complet

. >> jim gallagher also protested since he lives in the neighborhood and was affected by the sewage overflow. >> i never thought this could happen here, at the same time i do believe that they think that we're just roll over, we are a sleepy community and that we would nothing about this. >> it was very weird and surreal. why would this happen here. built the traffic going up and down, all the women coming and going. >> the fact of the matter is that chino hills residents are not willing to take this lying down. chino hills residents stood their ground, call attention to the city officials about this. we call attention to the property owner that we weren't going to stand for this. >> today chino hills, tomorrow it's going to be all of southern california. >> even members of the chinese american association of chino hills are against birth tourism. >> it's not right. i think, whatever necessary to get my citizenship until now i think that is the right process to do it. >> i have a soft spot for those people who want to come to the united states because like myself i came from outside the u.s.

the dream foundation will grant nick gallagher his final wish. he is a native that spent the last seven years battling brain cancer. he and his family will have ice-level seats at tonight's game and will meet the players before the game. they are going to get to ride the zamboni during one of the intermissions. that should create a lot of memories >>> 4:42 right now. on the hot seat, we'll tell you why congress is getting ready to grill apple's ceo. look into reports the irs was targeting the tea party and other conservative groups. >> we'll let you know what officials are now recommending be done at yosemite after that virus outbreak that killed three people. >>> you are watching "today in the bay." >>> good tuesday morning to you. in the hot seat, the former acting irs commissioner being questioned on capitol hill after testifying before a house committee last week. steven miller will be a witness at a senate hearing. lawmakers will ask him about the irs targeting the tea party and other conservative groups applying for tax exempt status. durin

author noah gallagher shannon survived an emergency landing several years ago and coincidentally writes an account in this week's "new york times" magazine. >> one of the scariest parts is that you're not really able to control where your mind goes. >> reporter: for the passengers and crew this morning, a brush with danger, but a safe ending. craig melvin, nbc news, new york. >>> and in southeast virginia, southwest virginia today, at least 50 people were injured during an annual parade celebrating the appalachian trail. it happened in damascus, virginia, near the tennessee border. witnesses say an elderly man drove his car into a group of hikers marching in that parade. some of the injuries are critical. officials said the driver may have had some kind of medical emergency just before the accident. >>> today, president obama tried to change the subject and repair some of the damage from a week of bruising controversies, but critics and pundits don't appear ready to let go so quickly. kristen welker is is covering that for us tonight. good evening. >> reporter: lester, good evening to y

trace gallagher, thank you.troversial requests made by george zimmerman's defense team. kelly's court takes a look at what the rulings which are not good for mr. zimmerman mean for the case. >>> and we're tracking reaction now to the breaking news that attorney general eric holder may be investigated for possibly lying to congress under oath as pressure mounts from the left and right for him to resign. >> he did not conduct the probe, so the question is how do you go -- how do you come to the conclusion that a working reporter with a longstanding excellent career in washington is somehow now involved in espionage. that's the question. >> the problem is that it went to holder, and he okayed it. i see you have allstate claim free rewards, for every year you don't have a claim, you'll get money off your home insurance policy. put it towards... [ glass shatters ] [ girl ] dad! [ girl screams ] noise canceling headphones? [ male announcer ] get allstate home insurance with claim free rewards. talk to an allstate agen

. >> gallagher is third. >> oh, really. ,,,,,,,,,,,,,, have a good night. here you go. you, too. i'm going to dream about that steak. i'm going to dream about that tiramisu. what a night, huh? but, um, can the test drive be over now? head back to the dealership? [ male announcer ] it's practically yours. but we still need your signature. volkswagen sign then drive is back. and it's never been easier to get a passat. that's the power of german engineering. get $0 down, $0 due at signing, $0 deposit, and $0 first month's payment on any new volkswagen. visit vwdealer.com today. newscast is tomorrow mornin 4-30. . >>> letterman is next with paris hilton. >> good night. ( band playing "late show" theme ) >> from the heart of broadway, broadcasting across the nation and around the world, it's the "late show" with david letterman. tonight... plus paul shaffer and the cbs orchestra. i'm alan kalter. and now, never admits to a pedicure, david letterman! captioning sponsored by worldwide pants and cbs ( cheers and applause )

and sal gallagher also lives here.says yeah, he gets that but they are cracking down on it right now. >> actually, about three, four months ago they parked a chp inside a diablo neighborhood and there's a guy standing there. he gave everyone who ran the stop sign a ticket for three weekends in a row. staking out a stop sign. legally we're supposed to stop at the stop signs but half the neighbors and the cars don't stop at the stop signs. that's a true story. >> reporter: ironically, the amgen tour will be running about 100 yards behind this house going up to mount diablo. tomorrow there will be 10,000 people here in the community. and a lot of them will be on their own bikes. reporting live from diablo, i'm ken bastida, kpix 5. >>> the countdown is on for sunday's bay to breakers race. mobile weather in san francisco kpix 5's roberta gonzales with runners gearing up. >>> reporter: mobile weather rolled on up to the concourse exhibition center off 8th street here in san francisco. if you are going to be running this rac

up in the air david gallagher took this frightening photo, the engine exposed. >> maybe five minutes after takeoff there was a loud popping sound. not really an explosion but definitely not normal takeoff sound and i looked out the left window and i could see the cover had blown off the left engine. >> reporter: the plane banked around, the pilot quickly made an emergency landing flying low over london rooftops, the passengers evacuateded and police and firefighters rushed to the plane. ton seriously injured. the plane had to be towed away. the left engine still exposed and just minutes ago david gallagher tweeted one last photo watching coverage of his own emergency landing. >> i've been in close calls before but nothing like this. >> reporter: and this left behind an absolute travel mess. b.a. told us dozens of flights delayed or canceled. lots of flights have been diverted to other airports but the 75 people on that flight this morning, josh, are happy to be back on the ground. >> as well they should be. nick, thank you for that. >>> we're going to stay with travel as we told you,

turning to trace gallagher who has the live report from our west coast newsroom. >> in the very heart is the reports that dzhokhar tsarnaev was still attending the university of massachusetts despite the fact that he owed the university some $20,000 in unpaid tuition, room and board. and that he was getting failing grades. university of massachusetts will not confirm that. in fact, the college won't release basic information on dzhokhar or the three other classmates who are now linked to the boston bombings. the school says that privacy rights outweigh the public's right to know if the suspects were getting public funding, saying i'm quoting here, we are prohibited from releasing such records. our interpretation of the law indicates it is confidential. but it turns out that the law is open to interpretation because massachusetts community college and bunker hill college both released the financial aid information on tamerlan tsarnaev saying the older brother got more than $5,000 in aid. their quote is this. we released it because reporters asked. we believe we are well within our lega

trace gallagher is live in our west coast news hub. the case fell flat apart. >> it began falling apart wednesday when the federal who arrested her didn't show up to testify in court. they were the prosecution's star witnesses. then the pictures of the marijuana on the bus on the underside of the seat secured by bungee cords, the they're she walked on the bus with it, got underneath the seat and secured it, and then the final straw, surveillance videotape that didn't show them carrying on any packages. despite the corruption in the mexican legal system and tedious pace, maldonado does not blame mexico. >> it's not mexico's fault, so it's a few people who, you know, did this to me and other people, who knows. you know, so i probably will go back. >> reporter: yes, especially the person who put the pot on the bus. the maldonados are on the way back to phoenix for a family reunion. >> shepard: i'm told to ask if there's a sign the prosecutors plan to appeal which is preposterous. >> reporter: the prosecution is appealing, it's an automati

. >> joining us is radio talk show star mike gallagher. she made a big mistake. happen to any of us really and she the dash cam video was kind was that was unfortunate. >> awkward to say the least. >> what would have solved it is if she would have said do you know who i am? i'm june carter cash. >> could have sung her way out of the mess. >> i have always loved reese witherspoon and i appreciated her apology. she did it right off the bat. when do you hear a celebrity say i messed up i was a fool. i'm mortified, i was drunk. >> and she admitted being drunk which is really rare. i think americans love a story of redemption. put my crush on her aside. she did the right thing saying i was a jerk and fool and disrespectful to that officer and i'm mortified and ashamed and that is a good message for everybody to learn. none of the qualified apologies. >> i think that is the case. she also has a new movie out. i imagine the production company wasn't too happy about this. >> that won't be the same trailer video we saw you. >> thank goodness no one was hurt and there was

joining us is radio talk show host, mike gallagher. president would like a do over on this week. >> like a time machine. can i go back just two weeks is all i need? i think the perfect metaphor is the old fable of the scorpion and the frog. remember that? the scorpion wanted to get on the frog's back and he said wait a minute, you're going to sting me in the back and the scorpion said i won't do that, we'll both drown. the frog took a chance. he hops on, they go halfway across and the frog feels a sting. he says, you fool. we're going to both drown now. why did you do that? the scorpion did a dance and he said, i don't know. it's just my nature. [ laughter ] that's what's happening. right now the press is the scorpion and finally stinging the frog in the back, because of the phone scandal. that's the -- the third one is what is going to do the obama administration in. >> steve: and as you look back, it started last week when we heard from the whistle blowers and suddenly we have faces and we have stories and it's like wow. why hasn't t

trace gallagher has the latest live from the west coast newsroom. trees?porter: a horrifying attack that happened 60 miles northeast of los angeles. pamela devitt is her name, jogged the route all the time. when she ran by the dogs chased her and attacked her. we are talking about four pitbulls. witnesses say she was bitten hundreds of times over several minutes. a woman actually driving by tried to honk to get the dogs to stop and finally when a deputy showed up there was still one dog attacking her. the deputy scared it away butoe deputy and he pulled out his gun and shot at it and missed. the owner of the dogs, 29-year-old alex jackson was arrested and released pending dna results but then the eight dogs were taken away and four of the six pitbulls were later found to have the victim's blood on their muzzles. jackson was rearrested and charged with murder because this is not the first incident. listen. >> this is not just about the attack and killing somebody, we have at least three or four cases of people coming forward and saying the dogs have attacke

here is marco rubio on the mike gallagher radio show. >> the bill probably can't pass the house, becauseare very suspicious about the willingness of the government to enforce the laws given our experience with immigration in the past. >> michael: knowing that you have marco rubio saying things like that, how can you get this past? >> we go one by one by one. you have individual people telling their stories as they did today on may day. there is a group that has a great documentary on the dreamers and the story of those that have come here and made a life for themselves. you do it by making sure the economic benefits of immigration are very strong, and we're not going to let phobia or boston being an excuse. >> michael: it's almost as if they seize upon things that give them pause when they wanted to have a reason to have pause in the first place. how do you fight that? >> ak wording to the pew study that came out today, 58% of americans believe that boston should not effect the immigration reform. so -- also comprehensive immigration reform always involved fixing the legal structure. >>

. >> greg: trace gallagher in l.a. thank you.us now, heather hansen, a great many people think life behind bars in a tiny cell is more severe punishment than death, which would be the easy way out. >> it could be. the greater punishment is to get jodi out of the limelight. >> off television. >> that's exactly right. if it's the death penalty, she right, she will have more appeals and more opportunities to speak to reporters. i do think that the jurors may be considering what is more of a punishment for her? life in prison or death? >> she was more concerned about her makeup and hair than execution the other day when she was giving all these tv interviews. she was just loving the attention. classic narcissistic, sethow pathic -- sociopathic. >> if they have to get a new jury, are they going to see each and every one of these interviews and the primping, and the contradictions? it just opens up a whole new door that hopefully we woven -- >> ever heard this one. i should get life instead of death because i have really nice hair and