. >> to emphasize that point he called an extremely reluctant witness for the prosecution. duncsak, the daughter of edward ates, and ex-wife of the victim. >> it would be fair to say that your dad has a good knowledge of guns? >> he has a knowledge of them. >> okay. in fact, you know that in 2006 he certainly owned a gun? >> yes, sir. >> the prosecutor was trying to show that the defendant was not only comfortable around guns but also had planned his murder like an assassin, surveilling his intended victim in the week before the crime. sergeant christiana told the court the story of the cell tower hits and cell phone records that put edward ates squarely in his ex-son-in-law's neighborhood. >> paul duncsak for the weeks prior followed the same pattern day in and day out. >> same patterns. he's punching in, punching out. you could set your watch to it. >> well put. >> you were there when i got there on tuesday. >> the sergeant also testified to those wiretaps, the ones in which edward ates reminds his sister about when he arrived in louisiana on a tuesday before the wednesda

the defense seemed to rattle the prosecution earlier in the day. they spent the morning cross examining the key witness, the lead investigator in tracy's disappearance. when her trans am was found in the 6600 block of ritchie highway on march 17, 2005, he arrived at the scene at its 30 a.m., went to meet with dennis at 11:00 a.m. to get his keys, and then opened the car to investigate it around to 30 p.m. the defense jealous of this testimony after producing a document that the state had a copy of from a baltimore county crime lab technician that said he or she arrived on the scene at 8:45 a.m. and used a coat hanger to open the door of the trans am, something that the detective and the prosecution failed to mention. the lead defense attorney became animate and loud at this point, calling the detective a liar and that he deceived the judge, jury, and the legal process. the motion was made while the jury was at lunch to dismiss the case. the judge thought about it a while, creating a tense atmosphere before denying it, saying, "i will deny the motio

so the prosecution says any dna evidence washed away. therefore, the prosecution's case is going to center around testimony from jailhouse informants, specifically ingmar guandique's former cell mates who say that ingmar guandique confessed to killing levy while in prison. the defense countered by saying ingmar guandique did not do it. they say there is dna evidence in the case and it exonerates ingmar guandique. the defense called ingmar guandique's former cell mate jailhouse snitches, especially telling the jurors their testimony is simply not reliable. a few other notable witnesses to talk about, former california congressman gary condit. that's the man who had been the prime suspect in lee levy's murder after he had confessed to having an affair with her. he is expected to testify at some point throughout the trial and another warm that ingmar guandique admitted to attacking. that woman is expected to take the stand later this afternoon. >> thank you very much. we will follow the story throughout the day. >>> the georgetown universit

while the prosecution has the benefit of grants. in fact, i believe the district attorney might have at least half of their budget is provided by grants. that is not provided to the indigent defense providers. federal grants are almost all directed toward prosecution and law enforcement. so the problem to have vast resources that i'm facing right now is that you have grant funding the police department, the sheriff's deft, the district attorney's office. there is a share that -- etc., etc. that share, which for them is a portion of their funding is almost my entire funding so when you say you're going to cut 13% off everybody equally. well, 13% for us is more than 13% of their entire budget than for the other agencies. now the problem is that's the ripple effect we just had here. now they still have their investigators because they have other agencies that provide the investigation. we don't. our investigators are the ones that have to be trimmed off because we can't pay for them. our attorneys, again, they are paid for by the count

so what is at the heart of the prosecution's case against ingmar guandique? >> well, pretty much the crux of the case really, on the prosecution's end really comes from jailhouse informants. like you said, there is no dna evidence, no eyewitnesses in this case. so the prosecution, the crux of their case comes from alleged admission that the defendant made to other inmates while in prison for those other attacks in rock creek. back to you. >> kristin fisher reporting live from dc superior court. >>> while you slept alternate reported an insurgent attack in eastern afghanistan killed one of the service members. no word on the soldiers nationality. >>> more violence in pakistan this morning. a bomb planted on a motorcycle kills five people and wounds more than a dozen in central pakistan. that blast occurred at the gate of a famous shrine during morning prayers today. it is the latest in a string of attacks. they disagree with their interpretation of islam. >>> some amazing and scary video this morning of a tornado strike in texas. you can see the debris from a s

which does not prosecute the disclosure by prosecutes the improper retention. so if you had a document -- the camel's knows maybe in the retention prosecution as compared to a disclosure one. >> i coordinated government initiatives. you asked about the regulatory framework and whether it works well. i wonder about the implementation of that. how does the practice work? does it work well? does the negotiations work well? is there something about the way this plays out that you would like to change? >> do you mean in the way that jeff and eric was discussing a piece of information or do you mean the way prosecutors to discipline those who leak? >> i mean, if there's one thing you can change about the way this plays out. >> and to see if the reporters have a different point of view. is there anything you would change? >> i think it works quite well. the frustrations i have had, frankly, have been with journalists who were not responsible and not responsive. my experience over time has been the journalists, when told about things that they should not publish and ar

. >>> what will the prosecution and defense argue in this case. our paul wagner has covered the saga from the beginning, including the recent seating of the jury. he'll join us live the studio at 8:00. and you can follow the trial as it happened and paul will be blogging on myfoxdc.com. >>> students accused of making drugs on campus. sarah simmons is on campus with more from georgetown. >> reporter: good morning, steve. the students expected in court today are charles smith and john romano and john baron visiting here at the university. all three are accused of manufacturing the drug called dmt inside of a georgetown university dorm room here over the weekend this. went down early saturday morning. campus police got a call about a strange odor coming from the dorm room. police got inside and found hot plates, several chemicals and an air ventilation system on the 9th floor of harvin hall. the drug enforcement thought they had a meth lab on their hands and that's why students were ordered out quickly but this was not meth, instead dmt. >> anything y

the prosecution argued that davidson is a flight risk because of her albanian citizenship. she had to surrender her passport. davidson will be placed under

what challenges does it present today and the prosecution of cases? >> the classified information procedures act is known as cipa and it grew out of gray mail which is a term that was, by prosecutors and it was defense attorneys representing people in national security cases like sci a person that disclose classified information. that person is being prosecuted. the defense attorney in the discovery process demand information from the government saying that this information is relevant for persons -- purposes of discovery. much of it would be classified. you had the government in a dilemma as to whether to go ahead and prosecute this guy who leaked the information and make an example of him, but if we do that we will disclose more classified information because this defense attorney has convince this judge that this is information they need to proceed with the case. what congress did is they came up with cipa and it is an overlay on the criminal justice process is says that if there is classified information packets implicated in a criminal case, there

the prosecution says the investigation was botched. defense agrees, and that is why they say he cannot be convicted. the only evidence they have are statements by federal inmates. chandra levy's mother is inside. jean king in hiding her face with a scarf -- she came in hiding her face with a scarf. she seemed near tears when the defense told the jury? despite the heartbreaking -- told the jury that despite the heartbreaking details of this case, they have to move beyond that and look at the evidence. >> meanwhile, we are falling breaking news right now in montgomery county, md., where police say they have found a body in bethesda. police made the discovery late this morning along massachusetts avenue. right now, investigators have not released any information about the person's identification or cause of death. we do have crews on the scene and will bring you more information as soon as it is available to us. turning now to another developing story today, three suspects, including two georgetown university students, are due in court ju

and several witnesses testified this morning as the prosecution builds the case. one of the most significant is a police officer on the stand right now, he wrote the initial missing person's report and he said he was told that the man and his wife were going through a divorce and he provided a contact number and address of another man she was seeing. he's on trial for murdering his wife, tracey, the case is unusual, her body hasn't been found, one of few such cases tried in maryland." >> the defense is that the state can't prove beyond a reasonable doubt there was a murder and much less that my client was guilty. >> reporter: tracey disappeared five years ago, she was heading to a motley crue concert in washington, d.c. and never made it. the police found the video of her car ten days later and she was gone without a trace. her case was profiled nationally. >> and i wanted to find her and i'm prying the whole time, don't let me be the one to do it. >> reporter: her husband dennis was arrested last year. his trial was supposed to last two weeks. >> reporter: the pr

. >> dennis tetso left court with his legal team manteau who rattled the prosecution today. the defense spent the morning cross-examining the lead investigator in tracy tetso's disappearance. he said that, when tracy strands and was found on march 17, 2005, he arrived at 8:30 a.m., went to meet with dennis at 11:00 a.m. to get his keys, and then opened the car to investigate it around to 30 p.m. the defense challenge to this testimony after producing a document -- around 2:30 p.m. the defense challenged this testimony of producing a document that says he used a coat hanger to open the door of the trans am, something the prosecution and the detective failed to mention. did better would became animate and allowed, calling the detective a liar and that he deceived the judge, and jury, and the legal process. a motion was made to dismiss the case. the judge thought about it a while, creating a tense atmosphere before denying it. saying, i will deny the motion because this is a jury trial. if a judge was decided, things might be different." >> any attorney would be offended if they

he was tempted at the end of the prosecution case. was human nating repeatedly about the idea that he didn't hoe that he was going to let this go to the jury. he was torn as to whether he was going to let it go to the jury. he did let it go to the jury but he still sits there as kind of a 13th juror and he can step in and if he wants to he can throw it out. >> mark mentioned a lot of people in los angeles, maybe around the country get prescriptions under a false name to protect their privacy. how do you think this is going to affect potential prosecutions in the future? we know that dr. conrad murray will be tried in michael jackson's death. >> this case is completely different than the conrad murray case. i mean here you have in the conrad murray case a prescription of propofol that would never be used by a doctor outside of a hospital or painkiller. that takes it out of the realm of prescription drugs but here you have a problem with the prosecution of a painkiller type of case when someone may have a pain problem. i don't see prosec

the prosecution has been met by anger. from there, we have this. >> he is the most respected in the community. he has 29 grandchildren close by. some of them are building him i knew tense house. he tells me that they have a good life. there may be fun and games here now, but he used to be a soldier for one of the world's most feared armies -- the khmer rouge. this tax you, he tells me, protected him -- tattoo, he tells me, protected him from bullets. the khmer rouge families like these have been accepted back into society, some even joining be government and military. but now a u.n.-backed tribunal have formally charged the leadership with genocide for people here, it is like a trail. >> they should release the khmer rouge leaders. what ever they think of them, they are getting old. they should be free. >> so, the officials in the tribunal have lot of explaining to do as far as these people are concerned, a public forum that offers pacifist prayers. [unintelligible] the prime minister has warned that too many trowels might

the prosecution thinks this trial will last about a week. reporting live, jennifer franciotti. >> the campaign blitz continues. the first lady is headlining. michelle obama has not been on the stump since 2008. but this week she is the big draw at some fund raisers. kate amara joins us live from our washington bureau with that story. good morning. >> michelle obama making a return to the campaign trail today in milwaukee. she is kicking off a set of fund raisers. the white house sends out its secret weapon today. first lady michelle obama hitting the trail to help democratic candidates, raising money, pushing voters to the polls. but don't expect the same message we've been hearing from her husband. >> republicans might have given it a new name. they called it the pledge to america. but it's the same old snake oil they've been peddling for years. >> instead of partisan shots, michelle obama will try to strike a more upbeat tone. but can the appeal of the first lady be enough to counter the momentum of the tea party? as we head into the home s

did the prosecute a publisher of a story about consentual heterosexual love?> there was a class element to the prosecution. those who brought it work upper- class. they were shocked not so much at the four-better words, but the idea of adultery with a member of the upper class is with a servant. would you allow your wife or your servant to read this book? we said to the jury with utter sincerity. >> the courts could not touch lawrence. he had been dead for 30 years. the jury acquitted it penguin of obscenity charges. the novel sold 300 copies in three months. t do that.'t we do not want the boat to fall into the hands of many unsuspecting people -- the book to fall into the hands of unsuspecting people that might be shocked. >> if it was okay to sell the book about a gamekeeper's love for a title lady, then it was ok to show it as a movie, too. >> i was glad that i had the chance to do it. i was happy that there was no interference. there could have been some dodgy moments. >> this was buried under here. >> it was all very different 50 years ago. this previous

. >> [inaudible] why has the jerry brown never prosecuted on a molesting priest? ai called and asked if this has anything to do with the flyer that was being circulated in marin county. the person got very upset and said that this had nothing to do with the flyer whatsoever. jerry p. his pants conceded not want anyone to look into this. they do not want him to be queried except through controlled questions. regarding the migrants, this has been a 40-year situation in the making. this was done for the finger- pointing groups against each other and making money through incarceration. it took 40 years to have this occur and then we have this problem. 3 million americans do the job opportunities and seven americans showed a to take these jobs. -- showed up to take these jobs. the 14 acres blueprint. >> this has to do with subject matter in the jurisdiction. >> you have successfully curtailed my time by not hearing what i have to say unless you are psychic. how many smiles would be created if we ceased paying taxes, insurance, mortgage, rent? who would desert the size o

do we know how many witnesses the prosecution plans to call? the reason we expect the trial to last between three and six weeks is the prosecution plans to call several dozen witnesses including each and every person wounded. all 32 of them. the idea is to try to paint this second-by-second picture of exactly what happened on fort hood in that day. the prosecution and defense is allowed to call witnesses in the hearing in civilian court only to lead to a court-martial instead of a trial. the defense says he plans to put op a vigorous defense. list listen. >> ultimately we should be together with one goal is mind. and that he has a trial, fair trial. public trial. >> it will be a public trial. the public will be on happened tomorrow as well. hasan is facing the death penalty. >>> at the same time, the senate homeland security committee is preparing its report. what do we expect from that? >> we expect the report to come out in the middle of the article 32 hearing and be critical of the government for letting hasan fall through the cracks. they k

that will be tough for the prosecution. w ingmar guandique says he is not guilty in this case but he is already in prison for attacking two orwomen in rock creek park. anthers where the bulk of the case will come from. jailhouse informants. prosecutors say that ingmar guandique admitted to former cell mates that he did kill levy. the testimony of the cell mates will be a key part of the prosecution's case. another person who could possibly take the stand is none orthan former california congressman gary condit. he had been the prime suspect in the murder after he admitted to having an affair with levy. now, if the former congressman does indeed take the witness stand, it will be the first public statement that he has made about the extent of his relationship with levy. but again, that will lakely not take place for a few weeks. the trial could go longer than a month. but today it all starts right here at 10:00 this morning. mike, andrea? >> thank you. >>> now checking news where you live. after wait narc a decade, north poto

viewed as a suspect, but the police and the prosecution eliminated him as a suspect. , gary condit was one of the last people to talk to chandra levy. obviously the prosecutors are going to put him on the stand just so he can be dismissed in front of the jury as a potential suspect. >> that makes me wonder if the defense will try to throw him under the bus or muddy the waters as to who the true suspect may or may not be. >> it is believed chandra levy was not alone in her apartment when she went missing. they believe a man was in the apartment. now, the defense had to let the prosecution and the court know as to whether or not they were going to introduce a winfield defense meaning whether or not they would introduce a third person as a possible suspect. they have not done so. what that means is probably they are not going to necessarily say that condit was, indeed, the attacker, but they are going to mention other people who very well could have been involved in the case. >> keith, thanks for joining us. we appreciate it. >> thank you. >> we'll take a break and be bac

the prosecution wants the gun charge tossed out, but beside that they are asking for probation. rita williams spoke to mehserle this week inside the jail. for the first time, you will hear about the shooting and what he thinks will happen at the the sentencing. our special report airs tomorrow night. >>> and carly fiorina is in the hospital recovering from an infection. but it won't deter her from her candidate. >> reporter: boxer spent the day talking to workers of cisco while her opponent fiorina was hospitalized. boxer did not speak about fiorina's hospitalization but she did say. >> my opponent has never served in office. but has voted against every position i've had. >> barbara boxer loves to complain about companies that shift job overseasseas. so why is she giving a speech at cisco where they shift jobs to asian. >>> and later boxer asked fiorina a fast recovery. >> she'll be back from the campaign trail very soon. >> reporter: so she's healthy as far as you know. >> she's healthy as a horse. >> reporter: san jose political analyst jackson says fiorina's health could be b

the prosecution wants the gun charge tossed out, but beside that they are asking for probation. rita williams spoke to mehserle this week inside the jail. for the first time, you will hear about the shooting and what he thinks will happen at the the sentencing. our special report airs tomorrow night. >>> and carly fiorina is in the hospital recovering from an infection. but it won't deter her from her candidate. >> reporter: boxer spent the day talking to workers of cisco while her opponent fiorina was hospitalized. boxer did not speak about fiorina's hospitalization but she did say. >> my opponent has never served in office. but has voted against every position i've had. >> barbara boxer loves to complain about companies that shift job overseasseas. so why is she giving a speech at cisco where they shift jobs to asian. >>> and later boxer asked fiorina a fast recovery. >> she'll be back from the campaign trail very soon. >> reporter: so she's healthy as far as you know. >> she's healthy as a horse. >> reporter: san jose political analyst jackson says fiorina's health could be b