they didn't even indict hurst for robbery. sentencing jury was not even instructed on the elements of robbery. this element of harmlessness was never raised from the sentencing proggedse onward including the brief and op -- brief in opposition in this case, this. red brief and even there the red brief is sarg -- arguing that there was a fatal concession. nevertheless, there is evidence in the record from which a jury could find that timothy hurst, although he was found guilty of first degree murder, did not actually commit the robbery. the jury was told that to find the visit doctor -- existence of the felony murder aggravater, that it had to find that the murder was committed while he in the course of him committing a robbery -- all of the physical evidence in this case that relates to the robbery, the bank deposit slip, nfl oney, the bank deposit -- envelope and a piece of pabe in smith's hand writing toting up the deposits were all found in smith's pozzession. though it's not this court's normal responsible to decide if som

hurst got that. the legislature has determined that the elements necessary to make a defendant eligible for the death penalty is the existence of a murder and one or more aggravating circumstances. and what the other side calls the advisory sentence included within it a finding, as this court recognized in united states versus jones, that the jury had determined there was one or more aggravating circumstance. and so -- >> i'm sorry. how is that? when florida law says that the judge has to find an aggravator to make someone eligible for the death penalty. >> i agree with the other side that there's difference between the sentence selection and the sentence eligibility. and so once the defendant is eligible because a jury has found all the necessary elements, then what happens after that, your honor, does not implicate ring at all. >> would you tell me how this is different than arizona? i mean, in terms of the system, just like in the arizona case there had been precedent by this court that arizona la

in hurst versus florida the issue is a trial whether timothy hurst be sentenced to death for the killing of a co-worker in 1998. the judge in the case went with the jury's recommendation. mr. hurst's lawyers argued that his disability disqualifies him and the judge should not have made the final ruling on the death penalty. this is an hour. >>> we'll hear argument next in case 147505 hurst versus florida. mr. waxman? >> mr. chief justice, and may it please the court, under florida law sympathy hurst will go to his death despite the fact that a judge, not a jury, made the factual finding that rendered him eligible for death. that violates the sixth amendment under ring. in florida and florida alone, what authorizes imposition of the death penalty is a finding of fact by the court of an aggravating factor, a finding that the trial judge makes independently and, quote, notwithstanding the jury's recommendation as to sentence. now, the state here contends that capital sentencing juries make implicit findings that satisfy the sixth amendment under ring which the trial judge then simply ratifi

yet yet hurst newspaper was the only one in new york city that objected to what it called, a disgraceful spectacle. the new york times and all of the other high-minded newspapers were the one that supported it. it just makes me wonder about the label that we use and that history just has a way of perpetuating narratives that may not be true. >> if there is anything of this it's be wary of the official record. >> oh yes. >> thank you so much for the work you have done. it sounds like each of you went in to your books with a sense of passion and protest and a sense of discovery and openness what you would find. i would love to hear about what work some of the things that surprised me most in the journey of writing these works question. >> what surprised me most, i went into it already knowing there is a shocking thing that happened in new york city. i knew that was are ready stunning. what really surprised me was the extent to which the entire episode had been sanitized by elite custodians of our history. how so much effort had been put into totally re-creating a story that then took hold.

i remember patty hurst and most thof -- of the rest of it was centered in the bay area and chicago. media capitals. if you grew up like i did in a small town in texas or small town in arkansas this was easy to miss. >> even though i am one day in new york in 1975 following a puerto rican bombing and there so so many threats that 100,000 office workers were evacuated milling around the streets of manhatt manhattan. >> it was the first time they evacuated the world trade center. >> one thing that speaks more of americaness medaling is you talk about new yorkers saying this is new york but you don't talk about this event in the book. i researched this period, too, and came across a lot of strange stories. but in 1975 a man climbed over the whitehouse fence with a lead pipe. and the secret service doing what they do when there is a physical threat it the grounds of the presidential residents they actually shot him to death. there was a like a three-paragraph story in the new york times that day. and that was it. there was a one sentence written about it. i compare that to what happened

people in lynn hurst are urged to join our clan and residents are disturbed by the hate mail. >> it's disturbing, it's a time when race is a big topic and seeing something like this is just scary. >> the police chief calls the handouts trash and a terrible attempt at recruitment, and similar flyers were left in a neighboring town a few months back. >>> an outbreak names new jersey chris christie and other state health officials, it states that a new york hospital illegally held her against her will. she spent time in a quarantine tent and she is seeking $200,000 in damage. christie's office is not commenting on the suit. >>> four members of a college fraternity were in court defending allegations by the death of a pledge. they are the last suspects to be charged in david dang's death, they are accused of physically abusing dang after a stay in the poconos mountains and then trying to cover it all up. the fraternity itself is also charged with murder. >>> norristown police are trying to get past a murder that sent a man to the hospital. he made it to wood street where he collapsed and

main burst of instruction site sending a r -- construction site sending a flood of part in the elm hurst neighborhood in queens. several roads closed and it interrupted the subway service. leon: only one of the six metro lines here will be running on a regular schedule. orange, blue, silver line trains will see the worst delays with the trains running only once every 56 minutes. red and green lines have big gaps in between the trains. yellow lines are running as normal. the metro system as a whole will open up at 5:00 on sunday to accommodate 30,000 folks fols who are coming to run in the marines corps marathon. maureen: tonight a small army of workers racing to make sure that arlington and the district are ready for the racers. jeff goldberg has a look. jeff: there is still plenty of work going on to get ready for the big race on sunday. we're at arlington at the finish line by iwo jima. a lot of people are hard at work. for folks getting ready for the big race this is not just any other assignment. jeff: for the workers it's anything but hard work. deangelo s on the job from western ne

. >> vendors set it under the white hurst freeway. that event begins on saturday. we will, of course, keep you updated on any changes with our washington nbc app. >>> all eyes will be on the 17th street levee to see if it can hold potential floodwaters. it's located between two permanent flood walls at the corner of 17th street and constitution avenue. that's the lowest point in d.c. the levee is just one years old. it's a removable structure of aluminum panels and steel posts. it's used downtown. it will not stop flooding by heavy rain. the national park service said it's ready to erect the levee on short notice if there is a problem. there are several things you can do right now. the big one is to make sure leaves and other debris are cleared from your gutters and downspouts. make sure you have a full tank of gas in your car, know how to get in touch with family as friends in case of app emergency. download the app. from there you can download an up-to-the-minute forecast. >>> we do want to check back in with chuck bell with a closer look on how joaquin could imp

. >> there is an artist called damian hurst. he's the richest artist in the world.if he can become such a rich artist why can't i? >> students approach the core with a sense of reverence. her feedback and encouragement provides confidence in otherwise difficult circumstances. and for perawa this marks the start of a long and bright journey. al jazeera, new delhi. >> you can get the main headlines on aljazeera.com. imperfect alliance. america and saudi arabia may share military but not always alliance. i'll look at the differences >>> the middle east is on fire. united states policy in the region is coming undone in places like iraq, syria and yemen, we are seeing civil wars,

doyila has big dreelz there is an artist called hurst. he is the richest in the world.f he can become such a rich artist, why can't i? students approach kal with a sense of ref reference. her feedbackverance. her feedback. this will small canvas marks a start of a long and bright journey. al jazeera, new delhi. >> let's go to california now which is said to introduces strict new rules on the use of antibiotics in lifestock production. there are growing concerns that the overuse of such drugs is contributing to the rising number of life-threatening human infections from antibiotic resistance material known as super bugs. our science editor terrek becauseley explains. >> intensive farming has relied on the routine use of antibiotics which keep animals healthy and make them grow fast. so much so, about 70% of antibiotics sold in the united states are now used on animals. the overuse of the drugs on animal did is a problem that can result in the so-called super bugs, strains of drug resistant bacteria that can threaten humans. >> the use of antibiotics as a growth promoter

they spotted six men unloading boxes from a tractor-trailer in elm hurst yesterday morning. as they got closer the officers detected the strong smell of marijuana. prosecutors say 3.5 million ounces of that drug was seized. >>> seven young men who bored a city bus in brooklyn beat up a 17-year-old. it happened on a b 43 bus. the victim had to be treated for a broken jaw and a cut to the face. it's not known if he knew his attackers. >>> this morning the long island doctor found dead in an apartment building may have overdosed on cocaine. several law enforcement officers say kis stin sivuerny used the drug hours before she died. police saw men carrying her into the vestibule and calling 911. her death have shocked the community. >>> 4:40 right now. just had a major recall. why millions of boxes of cereal are being pulled from shelves. >> a plane diverted when a pilot dies mid flight. we're looking into the information about the father of the eight childrens. >> the 70s are making a comeback in the forecast. weather and traffic is coming up on the 4s. >> follow us on facebook

eric hurst says the euro seems to out perform other models when forecasting major storms. >> the europeanodel is kind of tom brady of computer models. in it occasionally has a bad day and throws an interception but more often than not it wins and in the big games, like joaquin, if you want to call it the super bowl of weather, it nails the forecast. >>> now the euro of course isn't perfect. last january the euro predict add blizzard would dump 2 feet of snow. we got a little more than a dusting couple inches here and there. so it's not always right. but it's interesting that most models that had a completely different solution from the other ones would be treated as out liar with the european model just so good you have to give it a little bit of weight and in this case even though it was the first one and the only one to jump to sea band wagon it ended up being right very interesting stuff. storm scan3 is clear. no problem the clouds even clearing from the shore points. more showers for the carolinas an area that does not need it. you can see joaquin moving out to sea. i want to show you

this was a club that fought all year long and there's a lot of character in that room and it hurst, andhe new york mets opened the nl playoff series and already pitcher harvey is in hot water. he missed a mandatory practice. he didn't give a reason when he spoke to reporters. harry is going to be fine but still scheduled to start in game three on monday. >> all right, coming up, we are going to run down global market action before we hand it over to mornings with maria. stay with us. ♪ ♪ ♪ >> nicole: we are seeing the dow up 82 right now. s&p just over 10. earlier high in the morning. still looking good. oil certainly propelling in this group to the upside. oil up 8 and a half percent. look at that, almost up 2%. right now getting close to 50 bucks. we have much more in the next few hours ahead. mornings with maria begins with maria bartiromo. good morning, maria. >> maria: good morning, everybody. i'm maria bartiromo. happy wednesday. it is wednesday october 7th, with me this hour, we are talking markets coming up. fantasy football in question again. the fantasy sports site under fire

hurst received a grant from to the trust fund.vement of a lib jew. >> if the guy was a liberal view, that was material with which to december credit somebody? >> you're asking things that are really difficult to explain about a really complicated man. >> the last of the president's men is published by simon and schuster. i think most people think nixon's story had been told, i imagine even you thought nixon's story had been told. >> i thought it was over and then butter field had 20 boxes of things we had not seen before and particularly on the management of the vietnamese war. the commander in chief has a kind of unwritten contract with everyone in the military to do his job expecting everyone to do theirs and you look at particularly one of these memos and you see the president of the united states in his own handwriting saying we did all this bombing three years of b b bombing while he was president. >> telling cbs that the bombing was effective. >> the lies, the deception, and when i first read that memo, i was really shocked

police say officers spotted the men unloading a tractor-trailer in elm hurst. turns out there was a lot of it. 3,000 pounds worth $3.5 million was seized. >> police hope surveillance video helps them get the attackers in bedford sty within the last month. the 17-year-old victim was wleft a broken jaw and a cut to his face. not clear though if he knew his attackers. >>> it is 5:48 now. this morning police say the long island doctor found dead in the doorway of a chelsea apartment may have overdosed on cocaine. several law enforcement forces tell news 4 that she used the drug in the hours before she died. they say two men who were seen on security video carrying her into the vestibule and calling 911. of those two men, neither are expected to face charges. the death has shocked family and friends of the physician who has a husband and three small children. >>> flags will fly at half staff in new jersey to remember those kbun gunned down at an oregon community college. they gathered on monday. they mourned the loss of nine people, all murdered by a troubled 26-yea

officers arrested 11 bikers at duffy's ale house in linden hurst. those arrested face drugs an weapons charges. the bikers reportedly gathered to relaunch long island's pagan motorcycle club. >>> opening statements begin tomorrow in a case against a man accused in the mob heist immortalized in the movie good fellows. authorities arrested vincennes asaro after he was accused in taking part in the $6 million robbery at the airport. the prosecutors say he helped plan the heist in 1978. he is accused of spending most of the $750,000 he got in the robbery at the racetrack. >>> eyewitness news was recognized today with a special honor during a sunday church service in brooklyn. the by ways and hedges church in east flat bush wanted to express its gratitude for abc's coverage when the church was destroyed by an arsonist last year. despite the loss of their church, members health services at alternate locations and continued to serve the community. by ways and hedges church is still sooking donations and help from the public. >>> coming up, another tragedy

a crash along pen hurst road and one at butler pike and one along byberry road at davis road. >> thank you matt. >>> meteorologist, adam joseph, standing by with the exclusive accuweather seven-day forecast. coming up next. newspapers back christine donohue for supreme court. saying this daughter of a coal miner gets the highest rating from the bar association. they call donohue uniquely qualified. and cite her commitment to restoring integrity. both business and labor endorse donohue because she's independent and fair. prosecutors. firefighters. people who keep us safe - all back donohue. on tuesday - christine donohue. let's restore integrity to pennsylvania's supreme court >>> we have to do it once a week and it's painless. here is the question, brian likes warm halloween, what is the warmest halloween in philadelphia over the last 75 years, was it 82, 86 or 78? >> brian? >> i'm guessing here 86. >> and i'm with b also. >> and alicia is screaming a. alicia congratulations, it is a, 82 degrees and the first person on twit toward send the correct answer was troy, and on the flip side

. >> kamel mcdone ale grandfather founded in penson hurst brooklyn out of a back of horse-drawn carriage in 1939. >> it seems the safe assumption never had to deal with a reporter asking him as he range buted success to to no he they new york accident are you times change. >> who helps bus mess. >> yeah. >> annoy meg now. >> oh. >> we cannot confirm whether or not queens college linguistic professor ever dined a may alleger amel's die licht contrack bus to the cuc ses. the reputation of new york and of new yorkers were being the type of people who are, so we say what we mean. and that has been -- never been a political asset until now. >> are you talking to see? in the story of the new york times, neuman suggested the new york ear directness and the willingness to argue may endear her to strangers or voters. >> i love what i am doing. i love my business. i built a great company. >> we are the wealthiest nation in the history of the world. >> camille opped not to discuss how a new york accent may sr. the campaigns of donald trum or bernie sanders but on for the thought anded a hit med may

. >> patricia hurst is 19. her fiance were in her apartment last night when a woman and two armed men burst in, dragged patricia downstairs, threw her into the trunk of a car and drove off. >> just as they suspected, the kidnapping may be part of a nationwide campaign of terrorism. >> it had been three days of false alarms until news came this this berkeley radio station had received what looks to be the first real message from the kidnappers. >> the overwhelming irony of the patty hearst kidnapping is that the most marginal of groups manages to pull off what is, after watergate, the biggest media spectacle of the decade. >> the kidnappers are members of a terrorist group that calls themselves the symbionese liberation army. >> it calls on them to unite into a fighting force. with the demands of the sla, death to the fascist insect that preys on the life of the people. >> we love you, patty, and we're all praying for you. i know those people. they have good ideals. they're just going about them the wrong way. >

patty hurst had just been kidnapped by the symbionese liberation army. >> for an hour, the battle raged. >> the watergate scandal was near its peak. >> in an hour's drive from a lake front honeymoon cottage in saginaw, michigan, lived a beautiful young woman named cheryl miller. she was 21 and popular. she just moved into an apartment with a roommate and worked part time at a bakery to make ends meet while attending college art classes. cheryl's aunt, donna duquette. >> she was a very caring and considerate person, and i loved her to death. >> how proud of cheryl were you? >> i thought she was the perfect person. she just had all -- all the qualities that i think that most people would wish they had. she was -- she was a shining star. >> but on a rainy saturday morning, cheryl miller's roommate returned to this home from a night of partying to find miller murdered. an autopsy would conclude that she had been raped and strangled. time of death, between 5:30 and 6:00 a.m. >> how do you even process that information? >> well, i felt like somebody had just shot me with a scatter gun in the

. >> what do you think of our benson hurst apartment? >> ralph, you've outdone yourself again. >> 328 chauncey street. >> have a good day, new york. >> have a good weekend. bye, oreo! i want oreo. >> lulu! >> oh, where's my lulu? lulu. [laughter] >> remember the maxx your thing at t.j.maxx with better brands, at prices that work for you. make each day a little better. shop t.j.maxx... and maxx life! we love, love, chocolaty, creamy, with a little something extra. mmm deliciousness. cookies or almonds. yumminess. hershey' s is mine, yours, our chocolate. here in vineland, home of progresso, we figured out how to get rich ingredients like bacon into 22 light soups, so if you want 100 calories or less per serving without giving up rich flavor do what we do...make it progresso. you say avocado old el paso says... zesty chicken and avocado tacos in our stand 'n stuff tortillas . (record scratch) you say stand n' stuff tortillas old el paso says...

. >> here in the psychology department of the university of massachusetts am hurst, classes like thisocused on issues of race and the vastly different perceptions between blacks and whites of racial progress, with blacks far more pessimistic than whites by almost every measure. one of the department's leading scholars who studied the racial divide and how to narrow it is linda tropp, director of the peace and violence program. thank you for joining us. >> sure. >> reporter: you've written a lot about race and how it's a taboo subject because it's anxiety-producing. what did you mean by that? >> yeah, if we think about the types of behavioral manifestations of anxiety, things like making less eye contact, shifting away, standing farther back, maintaining greater social distance, all of those might be manifested due to racial anxiety, but they may be per southeast as racial hostility or rejection. >> reporter: why is there racial anxiety? >> because so much of our focus has been on reducing prejudice and we haven't focused on equipping people with the skills to navigate cross-group inte

refer to as high-cycle fatigue testing, highly accelerated lifetime testing, we have a system at lake hurst that is demonstrating the performance that we need. aeg is where it needs to be. all this in terms of reliability, that's not because of it being poorly designed, we are behind where we need to be to designate tests and the fix. we have a merge between development and production going forward in terms of an off-ramp. first question -- the aeg meeting that i hold, i want to make sure that there's no doubt and we are addressing it. the chairman described a plan to backup aeg and its carriers. that's proven not to be affordable. that's not affordable because of the impact of the carrier over the cost of the aeg system itself. but if we had to, we could. >> thank you. >> how many years have we been seeing that? it's a remarkable record. senator ernst. >> thank you, mr. chair. secretary mcfarland, gentlemen, thank you for being with us today. secretary stackley, test fix, test, fix, how long are we going to continue to do that? >> ma'am, when it comes to every developmental system, we are

the suspects yesterday transferring cardboard moving boxes from a tractor-trailer that was parked hurst. police also found between 200 and $300,000 in cash. the pot has a street value of more than 3 1/2 million dollars. >>> you had to know this was going to happen. remember the pizza loving rodent who was so intent on having that slice of pizza he or she dragged it down the steps of a manhattan subway station. with halloween a little more than three weeks away, pizza rat is now pizza rat what do you think? share your comments on our >> would you go as pizza rat? >> would i go, sure. >> we are closing in on 6:00. just ahead on eyewitness news this morning, tragedy striking twice on the same road. two people struck by cars overnight. >> also ahead new clues in the death investigation involving a doctor from long island. police think they know what might have killed her. >> big changes coming to one local county over the controversial red light camera program. this is a story about doers, the artificial heart, electric guitars and rockets to the moon. it's the story of america- land of the

also inbound canal road toward the white hurst freeway, on and off the brakes.r: thank you, right now, d.c police are investigating the city's 130 homicide of the year. police got a call for a shooting at 1:00 a.m. on v and 15th street southeast near an elementary school. they found a man with multiple gun shots wounds taken to the hospital where he died. all lanes on the outer loop in prince georges county are back open after an early morning accident. this happened near suitland road. abc 7 has confirmed a maryland state trooper that has been dispatched for a traffic stop was involved. authorities have not said whether that trooper was injured. you can get more news, weather and traffic on good morning washington on news channel 8. hope you have a [captioning made possible by isney-abc domestic television] >> hey, look who it is. what's up, guys? hi, there. kelly: i'm kelly. michael: and i'm michael. kelly: and together, we're "kelly & michael." michael: we're here to see which shark would like to partner with us for our annual halloween show. we're prepared t

. >> killed 124 people, but with this, you know, it hurst their fan base because their fans bought the cars because they were green and kinder to the the environment but in the pig picture is it going to stop people from buying vw's, i don't think so. >> look al general motors. >> maria: yeah, look at general motors. >> no one died. incredible lack of understanding, 2015 is all about. they were hiding stuff. that's so dumb. the people that are dumb maybe will be gone. we could have a johnson&johnson several years from now. they could either -- i think there's a possibility. >> i know it's going to impact earnings, right? that's going to be -- >> lawyers are going to be lining up forever. >> maria: it is raising dividends. you just got back from china. >> 2% increase in sales in china versus 9% forecast with 9% forecast silly in beijing. >> maria: so does the economy feel slow? what was your impression? >> no hard landing. >> maria: i didn't think so. >> no hard landing. the government is going through corruption reform thing. they are going from a manufacturing economy to service econo

. >> dagen: i was going to say -- >> every time you get public rhetoric like that it hurst the -- hurts the ability because the regular regulatory environment is hard to create new initiatives be it loans, business initiatives, play defense oriented business environment. >> maria: right. that is coming with up. new fees and new requirements in terms of capital. these guys are going to have to be dealing with new regulation normal for years. that's going to be the pressure. >> listen, i tell on people that are entering the business, you know, i ask them a lot of times. why do you want to come work in the business? what is it about wall street that you want to do? it's entrepreneurial, exciting. have you looked at the business since 2008. the last thing this is is entrepreneurial. i've been in the business close to 30 years. you're not in an entrepreneurial atmosphere. >> dagen: is anybody really going to get on the side of the banks and the financial institutions and talk about the good that they do and how individuals benefit and how individuals work part of the whole financial collapse

it's mike in lyndon hurst, new york. go ahead. caller: yes, sir, hi, how are you today? host: doing ok, thanks. caller: good. i think it's -- they're in total chaos. host: can i hold you up for a second? we have trent franks. let's listen in. see what he has to say. a member of the freedom caucus. reporter: was this a victory for the freedom caucus? host: we apologize about that. we're trying to get thoughts of members. go ahead with your comments. caller: ok, sir. i think this is why john boehner left. they are in total chaos. they can't agree upon anything. i think this is the worst congress that i've ever seen in my lifetime. i'm sick of the -- i'm 68 years old. i think we're in total chaos. i don't know how it's going to be fixed. i am a democrat but i must tell you, i'm going to vote for donald trump. i think he may be the man to straighten out everything. i think he'll be fair, i think he'll be firm, but he won't take any guff from anybody. host: more of your calls coming in. congressman franks there just wrapping up his comments with reporters. let's go to catheri