from not just '08 when of course president obama was on the ticket and really boosted democratic turnout but also from previous years. a sign that energy on the democratic side is probably going to remain somewhat anemic in what is likely to be a rough year for them in 2010. jane: carl cameron in indiana, thanks. jon: new details about the murder that has shocked the university of virginia. the accused lacrosse player, admitting to police he slammed his former girlfriend's head against the wall, but he didn't mean to kill her. so how will prosecutors move ahead with this case? plus, we are hearing the times square terror suspect is singing to the feds like a canary, but how will he be treated in the legal system? tried as an enemy combatant or as a u.s. citizen? judge andrew napolitano thing as taking a chance?