police say 54-year-old robert irvin raped and stabbed jennifer thompson saturday night. thompson's body was discovered the next day after running water seeped into the apartment next door. officials say irvin confessed to the murder and is charged as an adult. >>> each day, someone in this country is killed on railroad trax. this happened, despite efforts to keep people from walking along railroads. tonight, eyewitness news investigates. adam may looks at why it happens and how to stop it. >> reporter: 17-year-olds conner peterson and kyle winkmiller, struck and killed on the tracks. >> the boys walked on what they thought was the safe track. >> reporter: in april, 14-year- old prince tiry, hit by a train in prince george's county, taking a shortcut to school. >> i miss him so much. >> reporter: last year, 450 people died on railroad tracks in the u.s., including here in maryland. >> how big of a problem is it here still? >> in maryland, it's our biggest problem. >> reporter: dick ratcliff is part of an organization that wants to spread the word that walking down all tra

the deer around here. >> about 50 of them. >> irvin has tried everything, a plastic owl, supposed tocare pests. >> pretty decoration. it may work for some people's garden but didn't do anything for ours. >> reporter: and the fest proof fencing he had up. >> didn't help. >> if deer could have laughed he could have heard them from inside the house he says. but this year look at the garden, corn, mellow, collard beans and greens. unmolested because chris discovered a secret. >> caution tape. i wish i had patented it. you see how pretty the garden is, they don't touch it. they won't touch it at all. >> how did you come across the tape idea. >> i don't know. cutting grass one day. probably had a couple of beers and i said try something different. maybe the yellow because they can see it at night time because it maybe the color of it but it is always moving. the wind blows. it has been up two years and every morning about 12:00 in the day and by 8:00 in the evening. i'm proud of it. >> reporter: caution tape. well, how about that? now, this report does not come with a guaranty it will keep

the first chapter in the book is written by erwin chemerinsky, the dean of the irvine law school of the university of california, and it's a case about probation officers in the state of maine who were not paid overtime. the state of maine owed them overtime pay so they filed lawsuit under the fair labor standards which allows people to get overtime pay, and the supreme court ruled they couldn't get it because sovereign immunity prevented the state courts of maine -- they sued in the maine state courts -- present evented the courts from enforcing the federal statute. sovereign immune not, which was thought up by the english kings. who would think that this experiment in democracy at the end of the late 18th century would import into this country this doctrine that was dreamed up to protect the english kings. there's not a word about it in the constitution. it's remarkable that these conservative originalists, this textualists on the supreme court would come up with this doctrine, and professor chemerinsky does a great job of demolishing their argument. one of the things that is fascinat

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jones put texas up early with a two-run shot off irvin santana in the first inning against anaheim.e third, he launched another santana offering into the left field seats. in the fifth, he made a trifecta, taking rich thompson deep. texas beat the angels 8-1. >>> in tampa, toronto pitcher's pickoff attempt at first allowed b.j. upton to steal home, tying the game at 1-1. in the ninth ben zobrus came on with two on and two out and delivered the game-winner. the rays beat the jays 10-9. >>> slapped a grounder deep to shortstop and laid out a single. greg counsell scored on the play as milwaukee came back to beat kansas 5-4. >>> and shane victorino boosted his bid for the all-star spot. >>> police are now confirming the death of former nfl great steve mcnair was a murder-suicide. authorities say mcnair was shot and killed saturday by his 20-year-old mistress, who then turned the gun on himself. police say sahel kazemi was spinning out of control in the days leading up to her drunk driving arrest last thursday. she told friends she suspected the married mcnair was seeing other women as

our next call is from irvine, ky. caller: i have to organize -- helped to organize the first gulf war. i think people realize now that was planned extremely well, extremely effective it did not cost of -- cost us hundreds of billions of dollars or leave the country into a major economic downturn. that being said, hindsight is 20/20. let's look at what went wrong superfast. at that time, i had great intelligence contacts that provided information and that went on for several years where i could quickly contact the cia and the state department and directly, the white house, quickly. i think that was instrumental in keeping the clinton administration out of the middle east when they were ramping up wanting to go i saw saddam hussein has basically no more than the mayor of baghdad. i believe the weapons inspectors [unintelligible] however, i was an outsider during the bush and administration. they and their agenda to be a little bit tougher i think i got intelligence to condoleezza rice prior to her taking the position. h

. >> chris irvin loves garden vegetables and hates the deer that steal them. >> tell me about the deer. >> about 50 of them. >> he has tried everything to keep the deer away. plastic owl. >> it is pretty decoration. it maybe pretty for some gardens but doesn't do anything. >> and east eating fencing. >> it didn't stop them. >> reporter: if deer laughed you could have heard them inside the house. >> expensive, too. >> but this year look at the garden, corn, melon, collard greens unmolested because chris has discovered a secret. >> caution tape. i would i could patent this. you see how pretty the garden is and they don't touch it. they won't touch it at all. >> how did you come across this tape idea. >> i don't know. cutting grass one day and probably had a couple of beers and i said let me try something different. maybe yellow because might be the color of it they can see it at night time. the wind blows all good. i had deer every morning and by 12:00 in the day and 8:00 in the evening. >> caution tape how about that. now, this report does not come with a guarantee it will keep the deer

you can sign up right now for the doodle bugs nature and art program at irvine nature center. admission is rolling and for more information log on to fox baltimore.com and click on morning news. >> and patrice won't have a hard time hearing the weather later with heavy downpours on the roof and thunderstorms possible. right now looking at some showers back in the western part of state and as we zoom in you'll see around cumberland moderate rain falling there. a chance of heavy downpours through the area as the low pressure center moves in our direction az and again as we put things into motion where all that rain is coming from, south and west of us a valley, as the low percent continues to move our way with the cold front it trailsz. >> here's what we got as far as a flash flood watch is concerned. that through all the way tomorrow morning at 4:00 a.m. i have a feeling we'll seat other counties light up to the west as we get into the afternoon or before that allowing us to get an idea of where the rain will be falling heaviest. look at this mold. it will show you where the ra

. >> the boys in irvin admit they should be better at using sunscreen. my mom every day we go to the pool. she tells me to put it over my face. i get burned. i'm not that bad i put it on but since i have live in california i have gotten tan i don't put as much on. >> and more than 1 million cases are diagnosed every year. >> there has not been a lot of sun out there. there is a chance that we could get showers later on again. and we have weather and traffic again and the updated numbers from the weather; we got ripped off last night. we have seen a trace of rain. and out to the west there were scattered showers. there are some showers popping up to the west of us. you can see the motion there. most of the activity will affect the mountain areas to the west. showers and thunder showers. and some of the areas getting good rain now. south and that's moving off to the northeast. and not going to worry about that. and small reported in that. we may see more this evening but the chances are not that great. a slight chance then we think on thursday. >> let's ch

police say irvin confessed to killing thompson.he argued with her and ultimately stabbed her in the throat. neighbors discovered her body later that day when running water seeped into a wall and into an adjoining apartment. police say he is not charged with the death of the fetus because at five months the baby is not -- officials say at five months the baby is not vieable. -- viable. >> wherever-wise, the rain, what little there was, is over for the time being. the insta-weather plus forecast the insta-weather plus forecast is just ahead. if you eat kashi go lean for breakfast... you'll also have to add all these vitamins and minerals... to get what you need every day. or... just eat total. it has 100% of the daily value of 11 nutrients... and delicious flakes, real cranberries... and crunchy oat clusters. total. are you getting 100%? compare your cereal at totalcereal.com and get a free sample. >> let's take a look at our live h.d. doppler radar. i'm taking it back about 12 hours. so you can see how little rain actually fell in t

irvine and co-author of "minimum wages." first let's go through the minimum wage. this is really another hit on small business, is it not? >> well, i think minimum wage also clearly had more impact at the low end of the wage distribution. it tends to be smaller businesses. glenn: if i'm a small business and you keepx raising minimum wage, the people that i'm going to employ as a small business on minimum wage are people that will just do the simplest of jobs. i just need a body to go in and fill this. out of that, i then pick other people and say you were really good and maybe i will try you in this job. if the government forces me to pay what obama is suggesting i pay, over $10, well, i'm not going to pay somebody out of high school or in college to do that job. i will either eliminate that position and have somebody else do it, because times are tight, or i just hire somebody i think i'm going to keep on, so the lowest rung of the ladder, am i wrong? >> no, you're not wrong at all. minimum wages reduce employment. there is a body of evidence accumulated over 20 y

show how this legislation in a very specific way in a number of instances, responds to what tricia irvin has told us in her letter. what she has challenged us with -- she didn't just write to say, this preexisting condition, thing, is kind of a nuisance. it was a bar, an impediment to her and her family getting health care, basic health care. why should this even be something we have to legislate about? you would think in mechanic today with all of the welts we have and all of the bane power, we would have figured this out years ago. but we have failed in not getting health care because the insurance company says you have a preexisting condition, sorry, you have to wait; or, sorry, you have get no treatment at all. that's the status quo. and that's one of the costs of doing nothing. how how do you calculate a preexisting condition being a bar to you getting coverage? i don't know how you calculate that. but i know one thing. despite all the talk in washington about what's -- what this might mean and who's arguing with whom, what the debate is about between democrats and republicans, i kn

>> it means they are thinking about prosecuting dick cheney, irvin gonzalez, the people who were giving the directions on how to conduct the war on terror. they are a long way from prosecuting anybody, but barack obama said in the campaign he wants an independent justice department. they may create a problem for him by getting involved. z >> the way understand what's going on, yes, there was a justice department legal memorandum authorizing these harsh techniques of suspended al qaeda suspects, and the cia and the contract employees have engaged in these interrogation techniques. they did have that legal authorization from the justice department. but what's under investigation, apparently, is if they went beyond what was even legally authorized by the then-bush justice department in going further in using these techniques. >> were they act ng good faith, as you said in the statement, or did they go beyond that line? the people behind the legal memos say it was legal when they knew it was not because they wanted to push this forward, should they be prosecuted? it sounds like people like

with me is captain bucheer and irvin, the organizer of the program.ou for coming in to talk about this. >> what sort of problems do inmates transitioning from the jail situation tend to face when they are back in the real world? >> the problem that offenders often face are things that you and i would deem as essential, like food, clothing, shelter, housing issues. anything that is just basic needs to make the transition. >> explain to us why food and shelter become a problem? >> a lot of time when people are incarcerated for a significant amount of time they get disconnected if their families and of course employment is a problem. getting out there and applying for a job and having to place those things on a resume or application and employers frown upon that so we need these agencies to come in and bridge those gaps and get them to be self sufficient. >> reporter: let's talk about that, captain. what sort of services can be provided to the offenders so their transition to the real world doesn't lead to some sort of reoffense? >> they are committed to

>> guest: there is a black community sort of like irvine california. there is a waiting list to get into the black community now that obama is president. it is very nice. >> host: virginia a go-ahead. >> caller: i would like to ask you your previous career with in living color and the concepts and the ideas that you came up with because it was so revolutionary. of i could get the show now i would still watch it because it was great. >> i appreciate it. thank you for that call. all credit goes to keenan ivory wayans on that. he did a movie that was called by will give you sucker that have a lot of parity and satire and the human that day schumer that i love the broad the hip-hop culture into america's living rooms before you had black humor you do not have the satirical with the hip-hop culture the dancing and the fly girls i love watching the three runs but i do have to say imus in loving color i love that show. >> host: are you married? >> "c.s.i." em and i have a 12 year-old and a 10 year-old. i live here and i'd like to york when i do "the daily sho

. >> stahl: elizabeth loftus is a professor of psychology and law at the university of california irvinepert in memory. she showed me an experiment she says might help explain jennifer's mistake. she asked me to study these faces. then, after a few minutes, she gave me a memory test. >> elizabeth loftus: which of these two faces do you recognize? >> stahl: right. >> loftus: you picked right. >> stahl: left. >> loftus: you picked left. >> stahl: i said left, but i wasn't 100% sure. and then, the tricky part. well, i'll tell you why i'm stymied. >> loftus: okay. >> stahl: because i just picked this one on the left two seconds ago. but now, i'm not sure, because those two look very much alike to me. but i'm going to tell you the left. but i was wrong! it was the one on the right. loftus explained how i had been duped. >> loftus: so you saw this face. then i gave you a test where i presented you with an altered face... >> stahl: oh, my gosh. >> loftus: ...along with a novel one. so i pretty much induce you to pick a wrong face, because i don't even have the real guy there. it's an altered ve

james irvine, part of his statement -- it is a long one, the ama is fighting for patients and the medicalrofession with principles of pluralism, freedom of choice, practice, and affordable health insurance for all. you are saying the opposite, that they are out for themselves and the health-care business and the business of making money? >> well, i think that the evidence would suggest that. 15% of their $280 million annual revenue is all that they get from members. they represent approximately -- represent approximately 17% of the position according to the december 2008 numbers. if you look at them, 20% of the members were medical students, residents, and of the roughly 256,000 members it leaves 157,000 practicing physicians out of 900,000 eligible physicians around the country. that translates, if you do the math, to 17%. obviously there are a lot of physicians whose voice is not represented by the ama, who feel strongly that our duty under the a credit oath and ethics under maddison is to the patient. bill: about one-third of the doctors in the country are members. our own dr. siegel h

a professor of anesthesiology at des university of california irvine is with us. some are outraged that the drug would be used in that way because we know how badly it can be. the doctor at the center of this, what do we need to know about propofol? >> it was a drug that was designed to induce and general anesthesia. by the way, that is a medically- induced coma. when you go to sleep during surgery, it is not the same as going to sleep at night. we are essentially inducing coma. then we can control your body functioning. harris: i did not mean to cut you off. i wanted to get this question in. is this a difficult thing to prove, that something went wrong? they have had a search warrants and it seems like they are building a case against conrad murray. what might they find for a sign that something went wrong? >> perhaps bottles of propofol. as far as looking at the area, they may be looking for intravenous equipment. perhaps they're looking for results that propofol was in fact it administered to jackson. harris: i know that you have strong opinions about how wide

the cnbc's correspondent report joins us from irvine, california. good to see you. put up your picks, i share dow jones technology, iyw, up 22% year-to-date. then technology select sector spiders up 14.8% year-to-date and the power share triple qs. what do those give you? they give you diversification, of course, certainly, but what else intrigues you and makes you want to recommend those particular instruments? >> the idea first, sue, is, you know, technology has been on a tear and we are right in the middle of earnings season, getting come boarded with news and earnings estimates, rather than the individual investor picking stocks why not diversify among a whole group of good-performing large technology stocks and all of these etfs offer nice choice amongst them. >> what about the fact that especially the dow jones u.s. technology, iyw, already run 22%. are you at all worried that they anticipated the caps and afraid to get into that instrument? >> we are seeing expenses, inventories cut, top line sales to a degree turn around. from a fundamental and technical asp

our next call is from irvine, ky. caller: i have to organize -- helped to organize the first gulf war. i think people realize now that was planned extmely well, extremely effective it did not cost of -- cost us hundreds of billions of dollars or leave the country into a major economic downturn. that being said, hindsight is 20/20. let's look at what went wrong superfast. at that time, i had great intelligence contacts that provided information and that went on for several years where i could quickly contact the cia and the state department and directly, the white house, quickly. i think that was instrumental in keeping the clinton administration out of the middle east when they were ramping up wanting to go i saw saddam hussein has basically no more than the mayor of baghdad. i believe the weapons inspectors [unintelligible] however, i was an outsider during the bush and administration. they and their agenda to be a little bit tougher i think i got intelligence to condoleezza rice prior to her taking the position. how

judge: house resolution 567, a resolution congratulating the university of california-irvine's men'syball team winning the championship. john campbell, republican of california, introduced june 19th, 2009. brian: that's a wonderful accomplishment. i also noticed barack obama is honoring the mls champions this year. judge: doesn't the federal government have more important things to do? brian: volleyball is a good game. house resolution 122. a concurrent resolution expressing the sense of the congress that the parthenon marbles should be rushed to greece. judge: a congressman from newark, new jersey is causing the congress to debate whether the partenon marble should be rushed to grease. gretchen: what set that off is somebody wanted a resolution about michael jackson being deemed the most important person ever. that started this discussion about all the business that seems to be getting done on capitol hill but is it really business? brian: john boehner has had it and he talked about it and talked about the stimulus bill that nobody actually red but we are all pay for it. >> 1100 pag

host: irvin, california. steve on our republican line. caller: yeah, pedro. good morning. the most upsetting comment by obama that i heard was not the stupid cops comment. it was it was his comment that when the cops showed up to investigate the attempted burglary, obama's comment was, well, any of us would have gotten angry. now, i don't know who he's talking about with us. but if my neighbor called and reported a break-in at my house and a cop showed up and it was me, i would have showed him my i.d., thanked him for responding and being so alert. i think he sat in reverend wright's church for 20 years, listened and believed everything the guy said. i think that the gates' guy was probably sitting next to him. thank you. host: does the statement of recent say anything else about the matter of race in this country? caller's gone. we go next to georgia. carolyn on our democrats' line. caller: good morning. pedro, you know, it bothers me -- things haven't changed. but you can just listen to all the callers. and especially your white callers that's not independent or democrat

our next call is from irvine, ky.aller: i have to organize -- helped to organize the first gulf war. i think people realize now that was planned extremely well, extremely effective it did not cost of -- cost us hundreds of billions of dollars or leave the country into a major economic downturn. that being said, hindsight is 20/20. let's look at what went wrong superfast. at that time, i had great intelligence contacts that provided information and that went on for several years where i could quickly contact the cia and the state department and directly, the white house, quickly. i think that was instrumental in keeping the clinton administration out of the middle east when they were ramping up wanting to go i saw saddam hussein has basically no more than the mayor of baghdad. i believe the weapons inspectors [unintelligible] however, i was an outsider during the bush and administration. they and their agenda to be a little bit tougher i think i got intelligence to condoleezza rice prior to her taking the position. how

our next call is from irvine, ky. caller: i have to organize -- helped to organize the first gulf war. i think people realize now that was planned extremely well, extremely effective it did not cost of -- cost us hundreds of billions of dollars or leave the country into a major economic downturn. that being said, hindsight is 20/20. let's look at what went wrong superfast. at that time, i had great intelligence contacts that provided information and that went on for several years where i could quickly contact the cia and the state department and directly, the white house, quickly. i think that was instrumental in keeping the clinton administration out of the middle east when they were ramping up wanting to go i saw saddam hussein has basically no more than the mayor of baghdad. i believe the weapons inspectors [unintelligible] however, i was an outsider during the bush and administration. they and their agenda to be a little bit tougher i think i got intelligence to condoleezza rice prior to her taking the position. h

the watergate hearings only involved seven senators, four democrats and three republicans, sam irvinthe chairman, democrat howard baker was the ranking republican. one of the democrats was daniel enw enway, the world war ii hero of japanese-american decent. those hearings were on those three networks every day all day for weeks. all you could watch on television for several weeks was the watergate hearings. and senator enway said george gallup, the pollster, asked for a meeting, i have some information for you, according to a recent survey, there is only one man in the united states better known than you are and that is richard nixon. senator enway by his distinctive appearance and the boys and by being on the only television networks everyday for weeks, had become a very well-known american. there are lots of choices today and i appreciate you being here and i appreciate those who are watching through television being here today. our country is at a critical point in its economic and energy history, today's recession is the most severe in decades, unemployment reachedes 10%, we have

it is a planned community kind of like irvine, california.owadays that obama is president. but it's very nice. it's very nice. >> host: stanleytown, virginia. go ahead. >> caller: yes. i'd like to ask you about your previous career "in living colors" and the concepts you all came up with. it was still revolutionary. if i could get the show now i'd still watch it. thank you. >> guest: i really appreciate it. thank you for that call. all credit goes to keean ivory wayans he did a film i'm going to get ya suca. he brought the hip hop culture in the living room. before you had black humor and that sort of thing but you didn't have the satirical edge that it had with the hip hop culture, the dancing and the fly girls and all that stuff. there's an excitement about the show that i felt at the time and i love watching the reruns and that kind of thing but i do miss "in living color." >> host: are you married? >> guest: yes, i am. and i have two children john and lauren. >> host: how old are they? >> guest: 12 and 10. >> host: are you based here in l