we expected the prosecution to have witnesses all through today and even through friday. dgeel to the jury that the case won't come back to them until next monday. they will present more witnesses on monday and we're likely to see closing arguments on tuesday and the jury getting in the case by wednesday morning. laura. >> a question here. the dna problems there with the two different or maybe -- dna that is not guandique, is that going to ruin the case for prosecution? >> the prosecution knew about this all along. that is something they can't ignore. the defense can raise questions about it and to the jury. it's going to have to hang out there. they don't know who is -- whose dna that is. the prosecution believes that that was tainted by someone who handled it, someone in law enforcement who handled it after being taken out of the park in 2002. the defense wants the jury to believe that that was the killer. and you wanted -- if they believe that it was qu -- guandique. is blogging from the trial and log on to www.myfoxdc.com for his up-to-the-minute updates. >>> the news

, you can imagine the vast majority of these referrals to not get prosecuted. it requires more than mere classification. so you might not meet the elements of the statute, but be, it might be something under which you hold your fire for serious leaks, so we might say there is that datapoint that got out there that is classified, but that is not the crime of the century and we do not want to stoke up a prosecution that will -- it >> there is an important point to be made, that oftentimes what i encounter is that the government simply asserts classification. in fact, the governing executive order actually establishes standards for classification. you know the old adage, any prosecutor worth his salt could indict a ham sandwich? you could say the same thing that any classifier could classify a ham sandwich. but to do that, you need two pieces of bread and a piece of ham. it is the same thing for classification. even though the standards are relatively minimal, there are standards that have to be met. one of the things that i am constantly chagrined at is how often

and the prosecution has to turn the results over to the defense. so if the prosecution put it out there and the defense could put it out there and it could be an aha-moment. and so unfortunately for gary condit, it's proof that he had a relationship with chandra levy. he never wanted to admit it and wouldn't do it last week on the stand. but it was tactical. the prosecution had to do it. and we've seen this all along. the prosecution had to put on embarrassing things, they've had to put testimony on that didn't work for them, but they have to do it otherwise the defense will do it and then the jury is left wondering, well why didn't we hear that from the prosecution. >> out of time. but the dna found on her tights didn't match condit or guandique. >> correct. and the defense is holding that up as, hey, this is the real killer and they want the jury to believe that. and there is no telling whose dna is that. >> we'll count on you for the details next week. you can follow the courtroom action thanks to paul because he's blogging from his seat in the

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 gets to put a rebuttal case and closing ages. we expect the jury will get the case on wednesday but it's moving so quickly, maybe they'll get it by tuesday. >> paul wagner, thank you very much. >> sure. >> you can follow the crime action yourself. paul wagner is blog from his seat every day in the crime. we invite to you go to www.myfoxdc.com to read all of the latest developments in the trial. >>> >>> new developments in the controversy over a college park bar. the owners of the thirsty turtle are voluntarily handing over the liquor license for now. it comes after they were to revoke the license of the bar for serving underage people. they're scheduled to hold a hearing to look into a fight that turned into a stabbing last month. three of the four victims in that stabbing were underage students. the police say the thirsty turtle has a history of problems, including serving up too many drippings and to minors. >>> university police chief david mitchell wanted to shut down the bar weeks ago. he joins us now. thank you for being her

. >> both the prosecution and defense made pleas to the jury in the closing arguments. >> good morning. in just a few hours, those deliberations will get underway. a jury has a lot to discuss. they heard quite a bit of testimony. during the past month. they also have to discuss what they heard during closing arguments from the prosecution and the defense for the prosecution pulled on the part train -- heart strings saying that chandra levy waited 10 years for justice but the defense says the convicting ingmar guandique of two counts of first-degree murder is wrong because he is innocent. they pointed to zero physical evidence and said former congressman gary condit is the one who acted like a guilty -- guilty man in the months following her disappearance. they thought -- the prosecution focused on prior convictions assaulting two other women in rock creek park and confessions in prison. we are awaiting a verdict in this case. we will stay on top of it and bring you the latest. >>> thank you. some members of the ethiopian community planned to protest today in connection with the death o

defense lawyers who are making their points to have been witnesses heard for the prosecution but also witnesses for the for the defense of the defense had large access to the documentations of course it's far from being perfect you know and i also know that publications on the number of trials you know having no possibility to appeal a decision only having partial access to the file by the defense lawyers would have been a number of shortcomings some for sure not saying that it was perfect but we have to put ourselves in this situation in the context after the second world war and somebody had to deal with the crimes committed and i think that with all of the justified criticism which is which is regularly put forward it was justice and it was for sure a better option than vengeance by the victims or or the leaders of the war absolutely this is another in a question connected with the world war. the holocaust the holocaust deniers do you support the prosecution putting on trial people who deny the holocaust do you think this this is the right thing to do sixty five years off to to to

penalty by cutting a deal with the prosecution, agreeing to say that he committed the crime with the four original sailors. >> narrator: he also told us that he was not surprised that the men had confessed. >> narrator: 13 years after the murder, he wanted us to know the truth, he said, which he stands by. >> narrator: by 2001, danial, joe, eric, and derek had become known as the "norfolk four." their case started to attract national attention. in 2004, three major law firms signed on as pro bono advocates. the following spring, they submitted a detailed clemency petition to virginia governor mark warner, who passed it to his successor, tim kaine. governor kaine took three and a half years to reach a decision, which he announced shortly before leaving office. >> i am denying the request, because i do not believe that the petitioners have met the burden that they have of demonstrating conclusively that they are innocent of all involvement in this crime. however... >> narrator: he would deny a request for full pardon. the confessions, he said, were too overwhelming to ignore. >> ...as

the cia. that's person is being prosecuted. the defense attorney would ask in the discovery process demand all sorts of information from the government saying that all of the information is relevant for purposes of discovery. they should be entitled to it. much of it would be classified. so you've have the confident on the horns of dilemma. do we go forward and prosecute the guy, but if we do that, we're going to end up disclosing more classified information because the defense attorney has convinced the judge that this is information that we need to defend the case. what congress did is they came up with cipa? cipa is an over lay on the criminal justice process. it says that if there's classified information that gets implicated in the criminal case, there's a process by which the judge, the prosecutor, the defense attorney can litigate the admissibility of the classified information, do so in the way that the litigation doesn't disclose the information, and the judge can decide, yes, these three, you know, facts which are clas

the prosecution and the defense did their closing arguments yesterday. the prosecution set the woman's family waited almost 10 years for justice. the defense succeeds convicting mena of two counts of first- degree murder and not just because he's innocent. they have zero physical evidence. actedcondit isn't one who like a guilty man in the time following her disappearance, said the defense. -- gary condit is the one. this was a very challenging case roadsides. challenging case for both sides. >>> the man accused of having weapons in his trailer outside the air and space museum is expected in court today. james patock was arrested on november 3. he left a suspicious vehicle outside the national mall. >>> a body ended up along an interstate highway in maryland. workers found its inside a box on the side of interstate 70. they're not saying if it's a man or a woman. they are all waiting for the medical examiner to determine how the person died. >>> we turn to the prince george's county corruption scandal. federal prosecutors say that fbi agents recorded pho

did the prosecution explain why it was not introduced during the trial? >> they didn't and didn't plain that at all and bernie grim seems to think it was a blunder by the government by not putting it into evidence and that left questions opened and there was no discussion as to whether or not that jury would be told why they're not going see the letter. it's not out and the case is closed. >> and i understand the jury sent a note late this afternoon. what did they want to know? >> they wanted to see the picture of ingmar guandique take know by his girlfriend in rock croak park in the spring of 2001, around the time of chandra levy's disappearance and the defense wants the jury to believe the picture was taken after may 1st, after chandra levy's disappearance and shows there are no scratches or lacerations on his face and that is unclear when it was taken. the jury gave us insight by asking for the photograph and that was introduced into evidence and they were going to get it. there was a long delay getting into that into the jury room. the prosecution and

the prosecution wanted to point out to the jury that this is essentially a circumstantial case.h everything pointing towards ingmar guandique. the defense told the jury not so. this is a case of fiction and all the government is trying to do is take a puzzle piece and fit it into the part of the puzzle where it will not fit. the prosecution and the defense spent a considerable amount of time talking to the jury about the two pieces of evidence that have become central to the trial. the unknown dna found on chandra leavy's tights when it was tested in 2008, and the confession allegedly made to an inmate locked up with ingmar guandique in 2006. prosecutor amanda haines told the jury if prison worked for one person, ladies and gentlemen, it's worked for armando morales, a good samaritan who has tried to do something good. morales corroborates the story. morales told the court that guandique confessed to him. there were fellow gang members and wanted advice how to protect himself. guandique, he said, was afraid of being abled -- labeled a rapist. the defense attorney told the jury a

the prosecution dropped two of the charges against ingmar guandique without any explanation. he is still facing two counts of murder along with kidnapping and attempted robbery, but the real bombshell came from a witness with the fbi today. fox 5's paul wagner has the details. >> reporter: when chandra levy first vanished in may of 2001, d.c. police seized several items from her apartment in hopes to solve the mystery of her disappearance. some of those items including underwear were degreed for dna. when the items -- tested for dna. when the items arrived in quantico to the fbi, the case was assigned to alan juicy. in testimony juicy told the court he found semen in chandra levy's panties that matched the profile of gary condit. on the witness stand last week condit refused to answer questions about his relationship with levy telling defense attorneys it was a private matter. he has never publicly acknowledged having an intimate relationship with levy instead saying they were friends and would be friends today if she were still alive. condit is not facing charges in connecti

so rangel walked out and the prosecution began. >> put simply, the record before you is the record.

for the prosecution is a case based on circumstantial evidence. they say that ingmar guandique is guilty left the woman to die in a remote area of rock creek park. there is overwhelming reasonable doubt according to the defense, and no physical evidence. they say it a guilty verdict would convict an innocent man. if convicted, he faces life in prison without parole. the jury could also find him guilty of second-degree murder. that would mean 20 years to life. live from d.c. superior court, courtney robinson. >> keep us posted. >>> police are trying to identify a body found in a box in frederick. the crews were doing road work and found the body yesterday morning on 70 near braddock mountain. maryland state police say the body is that of an adult. >>> falling developing news. abc board voted to keep the dc-9 club closed. family and friends of ali mohammed gathered this morning to wait for the results of that hearing. the liquor license was suspended indefinitely after mohammed died outside that club last month. five club employees were charged, but

the prosecution insists he was smuggling enough arsenals to be an envy of a small country after tycoons had maintained twice that there was no proof of guilt and that the case against him was political he's now being presented to a judge here in lower manhattan if convicted he could face from twenty five years to a lifetime behind bars the u.s. media meanwhile have been quick to butcher boot coming up with countless nicknames and spinning the story in favor of u.s. officials pending trial victor boot is being held here at a correctional facility with over eight hundred other inmates experts say psychological pressure may be exerted on him to try to get him to cooperate with the prosecution by keeping him in solitary confinement this is also the place where ponzi schemer bernie madoff is being held as well as the times square bomber russian officials have always been against a possible extradition and moscow has done what happened illegal diplomatic procedures were not observed by the u.s. neither the russian foreign ministry nor the russian consulate in new york as well as brits lawyers

you've been skeptical over the last couple weeks of the prosecution's case i think it's safe to say. were any loose ends tied together today that may have changed your mind? >> the prosecutor in the case certainly knows her way around the courtroom and from what i understand and my discussions with paul wagner today, she did a dependable job with the facts she has, although for me i just don't think it's enough. they can't even put guandique in the park. the best connection they have is through a jailhouse penitentiary informant who said guandique admitted to killing the woman and are for me that's not proof beyond a reasonable doubt. >> is that this confession that we've heard about? it's not really to the police involved, but to his cellmate? >> right. he had a conversation with his cellmate and then lo and behold years after he successfully gets away with this murder he tells a guy who he virtually barely knew. for me hard to believe, doesn't mean it didn't happen, but for me hard to believe certainly beyond a reasonable doubt. >> that plays into what the defense said today in clos

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

let me just read a little bit of what the prosecution had to say. at happened in those woods was ghastly. by the time ms. levy was no more, she had suffered. justice is what needs to han here. she waited nine years for justice. you can give it to her. so, tell me a little bit about the prosecution. >> very, very eloquent and very emotional closing argument. actually got a little teared up, if you will. it was the first time that we actually heard or actually able to picture chandra levy's final moments. >> in fact, but we don't know what happened. so, i guess that's the brilliance of that argument. >> exactly. we don't know was she strangled, what exactly happened. we do know, at least the prosecution knows that she didn't die immediately. that she was in those woods for hours, days, maybe even several days before she died. the prosecution believes that she knew she was dying. that she was gagged, she was bound. she couldn't cry out for help. it wasn't an immediate death and that really resonated with a lot of people. for the first time we heard that

now the prosecution and defense have one final step to convince the jurors. the prosecution argues the jury should convict, saying there is enough circumstantial evidence. two women were assaulted by ingmar guandique in rock creek park around the same time of levy's deaf. more than that, they put a cell made of guandique on the stand. he said that guandique had confessed of the murder. however, defense attorneys say that there is no evidence and that confession is bogus. yesterday, another cell mate and fellow gang member said he never said anything about levy. under oath, he admitted many times that he was wearing headphones while inside the cell. for the jury, it will be a tough to liberation. for the family of chandra levy, possibly a few more days of agony. >> guandique faces two counts of first-degree murder. he was originally charged with nine different counts, but yesterday prosecutors dropped seven of those crimes including sexual assault, attempted robbery, and attempted kidnapping. >> thank you. we are also following some developments in the massive

the question of whether the prosecution and defense will prevail in the case may come down to the system of two cell mates of inningmar juandika, morales. >> there appears to be tunnel vision on behalf of one person during the stages of the investigation. how did the police go so wrong, focus on this congressman? some of the testimony here has suggested that at the very highest levels of the metropolitan police department, there was this obsession with getting gary condit. this investigation went wrong for perhaps an entire year. >> all right. we're all waiting to see what will happen in the case. thank you. >>> switching gears. in our consumer alert tonight, the clothes you buy may be hazardous to your health. consumer reports urges you to wash before you wear, because if not, you could be exposed to formaldehyde or other allergens that are used in the fabrics. to keep irritation at bay, you want to think about a quick trip in the spin cycle before you put on your clothes. >>> we'll be sitting in the spin cycle tonight trying to get home, richard, andre? >> in some places although not t

the prosecution saying there is enough circumstantial evidence to convict. the defense says there is no physical evidence to convict ingmar guandique in all of this. still, both sides are arguing despite the jury being in the middle of these deliberations and coming up at 5:00 we'll tell you what the prosecution and dreffs asking the judge to let the -- defense are asking the judge to let the jury hear. >> a guilty plea for a principal. a handgun used in the commission of a crime. lancaster faces between 25 and 30 years in prison. last week another man pleaded guilty to first-degree murder. people all across our region will spend another day cleaning up the mess left behind by yesterday's severe storms. the damage was widespread from arlington to northwest d.c. to baltimore. the storm brought down trees and power lines and blew roofs off of apartment buildings. >> close a tornado or something was really wrong. i don't know what it was 368 >> it was like a train coming there on the street. loud, noisy and windy. >> we should know sometime today whether in fact

the prosecution reminding the jury that this is the circumstantial case. the attacks in the park that guandique plead guilty to are similar to the attack on chandra levy. the defense got to the point saying this case is nothing more than the government trying to take a piece of a puzzle and put it into a place where it doesn't fit. prosecutor amanda haines took an hour to remind the jury what they heard the last three weeks of testimony, walking them through point-by-point, the circumstantial evidence that the government said points directly to ingmar guandique. the attacks in the park, the scratches on his face and neck around the time of levy's disappearance and the confession. she spent a considerable amount of time talking about armando morales, the inmate who claims guandique told him how he killed chandra levy. haines told the jury if prison has worked for one person, ladies and gentlemen, it's worked for armando morales, a good samaritan who is trying to do something good. morales corroborates the story. haines then took a photograph of levy and sho

go ahead. >> reporter: this is chief counsel, in essence, the prosecution. this is blake chisham. n this has been going on for two years, so this is really his argumentth argume argument during the sentencing phase. >> let's take a listen. >> respondent's accept answance rent stabilized apartment as a campaign office under circumstances that it created an appearance of impropriety. and respondent's failure to report and pay taxes on his dominican villa. the subcommittee found that respondent's actions and accumulations of actions reflected poorly on the institution of the house and thereby brought discredit to the house. based on the subcommittee's findings, this committee must now determine the appropriate sanction to recommend. the committee's rules provide at least some guidance in determindetermin determining sanctions. the range of punishment is reprimand, a censure, or expulsi expulsion. the committee may also recommend a fine or the denial of any limitation -- or denial or limitation of any right, power, privilege or immunity of the member if under the constitution the house

defense saying much of the prosecution's argument s fiction. e was no evidence to really point to ingmar guandique or anyone as having caused the death of chandra le, saying there was no reasonable doubt that had been established by the prosecution in this case. at this point the jury of nine women,hree men, looking at the evidence that the prosecution presented, that the defense presented, saying that ingmar guandique killed chandra levy this rock creek park. expected to come back with a verdict of guilty or innocent. at this point there's no incation how long that jury might deliberate. of crse, we'll stay on top of this story for the duration, until they come back with a verdict. i'll go back inside the courtrm with pat collins. if a verdict or any significant movement happens through the course of the day today, whenever it might happen, if it does, we will bring tt to you. >> we will await your return. thanks very much, aaron. >>> the punishment phase of representative charles rangel's ethics trial will begin today. they announced the sanct

you hear the prosecution dropped two more charges. they started off with nine charges in the case.hey drop the ball somewhere along the road or is this strategy? >> i think the plan just really fell apart for them, shawn. i think the story really tells well if he stalked her, kidnapped her, raped her, robbed her and then murdered her, but i think the bottom fell out on a couple informants that were probably going to testify for them and for a lot of reasons didn't want to come to the stand. >> a lot of people have asked why charge him initially with so many charges to just keep pulling them out one by one here? >> yeah. the reason the government does it in sort of dump truck fashion is they want to intimidate the defense lawyer and defendant into pleading guilty. when he sees all these charges, he's like i better plead guilty before i get charged guilty for some of them but this guy, whether he did it or not is a tough character. he's weathered the storm, not the biggest problem, which is felony murder. >> as we prepare tomorrow for closing arguments, what does the prosecution have

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 reason for that is that there's seven suspects and each time the prosecution questions one of the witnesses than there are seven attorneys each representing one of the defendants who gets to cross-examine that it goes back to the prosecution for redirect and back each attorney for another round. it's very long painstaking process as image right now crime scene investigator is on the stand and she is testifying which she arrived on scene she saw the victim brought under a picnic table on a metal pole that was under the table face down. she said she found operations both on the victims knees as well as the tops of for feed to and as well as her shoulders all the way down her back. that's the latest reporting live in martina's kron 4 news. >> shooting at an apartment complex at with two people dead and a third shot the face. it happened early this morning investigators say the gunman killed two men shot a woman before walking to the police department where he broke several windows. officers at the department taste and arrested the suspect and they believe the victims did know their a

the prosecution abruptly rested its case yesterday and dropped two charges against ingmar guandique. an fbi witness testified that semen found in levy's underwear matched the dna of gary con sit and that dna on levy's tights did not match guandique or condit. you can follow all the action from our website. paul wagner is blogging from the courtroom. >>> new developments in the investigation into qantas airlines jumbo jets. >>> as the disable the cruise ship slowly makes its way back to port, we'll tell you how the passengers are keeping busy. as >> ...berber carpet. it was a whole bowl of stew. nooo. why? i could have saved this one. i could have saved this one. ♪ call 1-800-steemer ♪ >>> a virginia family is asking for more answers from the pentagon after getting conflicting reasons for their daughter's death. the family is accusing the army of a cover-up. specialist morganne mcbeth was scheduled to come home on leave in july two years after signing up. at first, the pentagon said she accidentally stabbed herself and changed the story with the army saying she was accidentally stabbed