according to the attorney, nick brady worked for mr. for a while on his property doing yard work. according to the attorney he believes nick brady was casing the house the whole time and that was kept from the jury. mike tobin, thanks, little falls, minnesota there. >>> president obama made his case for a minimum wage hike a few minutes ago at the white house speaking after senate republicans block a bill that would gradually increase the minimum wage from $7.25 an hour to $10.10 an hour over a period of 30 months and provide annual increases to account for inflation. the republicans argue the proposal was too expensive for employers and will cost jobs, a lot of them. sarah murray is live on this. thanks for coming in. i will take a seat in the small little confines we have here. politically speak, is the will there to get this minimum wage act passed? >> i think right now politically, this looks dead on arrival. you saw today, it couldn't get out of the democratically controlled senate. republicans in the house have no inclination to t

and sounds like he's dragging nick brady across the carpet. >> reporter: minutes later, when she wentooking for brady, smith shot her, too. and quickly said, oh, sorry about that. but prosecutors say he didn't stop there. >> saying oh, my god. and byron was saying nasty things amid the shotting of her. >> reporter: smith fired the shot that killed her, what he called a good, clean finishing shot. smith has pleaded not guilty. smith's attorney argue he shouldn't be held criminally responsible for the death. but prosecutors say the teens posed no danger when injured. and they shouldn't have been killed. >>> we're going to turn to the amazing rescue caught on tape. a snorkeler in rough waters, starting to drown. the snorkeler's camera was running the entire time. and abc's matt gutman has the story. >> reporter: it starts out, another day in paradise. a snorkeler wading into the water off hawaii. his head-mounted camera capturing the breathtaking view. but it's not long before things turn dangerous. overtaken by choppy waters, listen as the snorkeler starts gasping desperately for air. s

has been on the stand, and said the home invaders were shot a total of nine times. 17-year-old nick brady, shot three times, his cousin, 18-year-old haley, came down the stairs ten minutes later and was shot a total of six times. some shots were at close range. according to the testimony she didn't die right away. she struggled to breathe and smith pulled her into the other room and fired what he described as the good-clean finishing shot. some of her blood was on the side of the resolver. >> the medical examiner talked about the tox tolling report -- toxicology reports. >> no drugs or alcohol in the system of nick brady. he was sober. however, a different resort for haley. marijuana and a component in cough medicine. >> all right, mike, thank you. let's take this to an attorney, arthur aidala, a contributor to this program, fox news analyst and criminal defensor attorney. the question is, was it premeditated? that's accord though prosecutor. they used the time win he shot her and the good clean kill shoot, good time for premeditation. >> the whole issue is, did the threat end? was the th

new details in the trial of byron smith, shedding more light, on the night he killed nick brady and hailewho police say broke into his minnesota home on thanksgiving of 2012. >> it's not pretty. i told them in my opening statement. it wasn't meant to be pretty. >> reporter: a stunning revelation from the medical examiner. that 18-year-old kiper had marijuana and ingredient found in cough medicine in her system. levels high enough to make her intoxicated and possibly hallucinate. >> the prosecution is going to argue that she was intoxicated. she couldn't have possibly been a threat. the defense could use the evidence to its advantage by saying, she was acting out of her mind. i really don't think at the end of the day, it affects the case one way or another. >> reporter: the medical examiner testified that 17-year-old nick brady had been shot three times at the crime scene, kiper six. investigators say smith described the last time he fired as, quote, a good, clean, finishing shot. this, just a day before the defense called neighbor, william anderson, to the stand, to testify about the pho

when nick brady started walking down into the basement, smith shot him twice.smith shot him a third time, in the face. allegedly telling investigators, i want him dead. minutes later, haley kiper walked down the steps, reportedly calling brady's name. smith shot her, too. telling investigators, the last time he fired was a good, clean finishing shot. smith told police he had been living in fear after several break-ins. he pleaded not guilty, saying he shot the teens in self-defense. but in opening statements monday, prosecutors said smith planned the killings. lying in wait for the two teens in his basement, with a book, two guns, energy bars and a bottle of water. a clear case of premeditated murder, they say, of two teens that weren't even armed. >> i think the evidence will speak for that. >> reporter: this morning, nick brady's grandparents are hoping for justice. >> very few people can ever say they made no mistakes. the difference is, i'm alive to tell about mine. nick and haley are not. >> reporter: and meanwhile, smith is reportedly a retired state depa

nas a matter of fact this young man nick brady had broke in the home two prior occasions.pposed to do wait until the young man shoots him? >> david. >> he has a right under a felonous attack he can use deadly force. a min i 14 is a powerful gun and one shot probably would have done the trick. but he shot 2 or 3 or 4 times. when you shoot someone who is smashing in the home. and the door was kicked down. in this case the window was smashed. you shoot to kill because it is your life or theirs and no duty to retreat from a felonous attack or home invasion in your house that is accomplished by smashing the windows. no way, >> it was not osama bin laden breaking in the home. >> refocus on one of the points. david mentioned he felt like he was in grave harm. one point, his gun jammed in between killing the first victim and second victim and he paused to apology otherwise to attack the life. does he feel like he is in grave danger, brian? >> it doesn't, elizabeth, the standard is an objective standard. and he said he's sorry after he killed the girl. and by the way, your viewers

. >> 10 minutes between the time that nick brady came count stairs and was shot and haley was shot with a rifle. the rifle jammed. you hear in the audiotape smith saying sorry about that. he changed weapons, shot her again. she didn't die right away. the evidence shows she struggled to breathe and smith drug her into another room and delivered the finishing shot. the prosecution says he set this trap, it was a revenge killing. smith says he was in fear after a series of home break-ins. there is word these two young teenagers had done this thing before. it's a tragic case from every single angle. thank you very much. we'll see what's next. bill: tragedy striking american volunteers. victims of a terror attack. three doctors killed inside a hot by a security guard where they were working. reaction from a key member of congress next. martha: we'll get new reaction oned a administration plan that could lead to the release of thousands of drug offenders. why democrats may regret letting his happen. >> it's unconstitutional. if it becomes a habit which it's becoming and that's the problem. fo

he hears the intruder walking down the stairs and you hear boom boom nick brady is shot twice by smithen he shot the teenager in the face because quote i want him dead. smith sits there in silence until he hears an 18-year-old come into his home. he shoots her once before the rifle jams saying sorry about that. he unloads several rounds from his revolver and can be heard calling the girl an explicit word. >> how has he been during the deal? cooperative with investigators? >> extremly cooperative. he called the police and let them know. he turned over the audio records as well. he showed his first signs of e emorgues yesterday morgues. this is the focal point for the defense: the break-in of the home. >> the trial continues today. thank you. >> rand paul is firing back at bob dole who criticized him by time along with others first timers like ted cruz and marco rubio for not having in his mind enough experience for make a run for the 2016 white house. something rand paul calls a good thing >> i was a physician and then someone said you need to be a slate legislator and mayor before bein

you can hear in them the sound of shattering glass as 17-year-old nick brady broke a window of smith'se. the 65-year-old was sitting in his basement and could hear the footsteps of the intruder walking around and comingdown stairs. two shots rang out hitting the teen. then a third shot to the face because smith told investigators, quote, i wanted him dead. 11 minutes later you can hear the teen's cousin, hayley keefe officer coming into the home, walking downstairs and stumbling as he shot. he tried to shoot again and his rifle jams and he told the girl, quote, sorry about that. before unloading self round in from his revolver and calling the eight teen-year-old an expletive. the client was terrified after targeted by burglars a dozen times and stealing several guns and thousands of dollars a month before the shooting. he told the police quote, i have a choice being the shooter or getting shot. the defense points out that the two teens were linked to several other area robberies, though they call it a tragic incident all around. the boy scout leader is facing life in prison and charged

and last week, an examiner nick brady was shot three times before shooting haley kiper, six times.last bullet he fired at kiper, as a good, clean, finishing shot. because byron smith was in his home, he did not have to retreat. closing arguments are expected today. this is whether or not the jury thinks the homeowner acted in a reasonable way, considering the danger he was in. guys? >> thanks very much. >>> we move to a shocking arrest for grammy winner paul simon and his wife, edie brickell. police were called to their home for an argument. and now, the two face charges for disorderly conduct. abc's linzie janis has the story. >> reporter: paul simon and his singer/song writer wife, edie brickell, are downplaying the storm that landed them in court on monday. >> it's fine. we had an argument. it's over. >> reporter: a call from their estate saturday night prompted police to investigate. then, arrest both for disorderly conduct, after finding evidence of a physical fight. >> it was a physical alternation. minor in nature. >> reporter: in a statement, brickell says, i got my feeling