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atone shtentio attention, including the attention of our president. >> and eruptions rage in afghanistan even after president obama apologizes for the burning of the koran. we are getting reports of a serious increase in the chaos there. >> in this country, a man accused of killing his wife while on a scuba trip and who pled guilty to it elsewhere finds he will not be spending time in prison in this country, the judge said i don't even want the jury to hear this. >> yesterday we told you about the lawmaker who called the girl scouts a bunch of communists and radicals. he says he's sorry, however he says it doesn't change the way that he feels. we'll have a lot more on that. up first, as ashleigh said, more pain at the pump. apparently there's no relief in sight. aaa says national average price of gasoline now is 3.64 per gallon. it's the highest ever for this time of year. >> we're watching the aaa report this year to see when they come up with a daily increase or decrease. >> there it is. >> 3.64, this was yesterday. >> 3.61 was out yesterday. this is the new number, up three cents overnight. >> two days in a row. >> you fill up this morning, three cents more than yesterday. >> while you were sleeping. if you think that is bad. l.a., 4.93 a gallon. that's not fun. a lot of people saying you can blame iran and tensions in iran for this. the president stressing an all-above approach to energy independence is needed to get this in check and he's answering to the republican critics coming down on him about the high gas prices. have a listen. >> right now we are experiencing just another painful reminder of why developing new energy is so critical to our future. just like last year, gas prices are climbing across the country. this time it's happening even earlier. >> i represent $2.50 gasoline. he represents 9 or $10 gasoline. which of those two will be happier? >> let's bring in christine romans to chat about this. if we continue krthree cents evy night this can get out of control. >> 3.75 to 4.25 is what i'm hearihear hearing for an average. the price of gas is divergent across the country. two things i know, my mom loves me and gas prices can get political. >> what's driving it? >> iran. people say the fear factor of iran is adding about $10 per barrel of crude, which adds about 30 cents per tank. the supply shock of iran would be something that effects the global market, even though we don't get a drop from iran. it's a world market that has speculators, hedgers, people who buy and sell all the time. this is how a gallon of gas breaks down for you. 12% is basically taxes. distribution and marketing is 6%, refining 6%, and the price of crude oil is 76% of the cost of a gallon of gas. when you see crude oil above $110 a barrel, this is where the money go. energy companies are making so much money and we're paying at the pump, why is that fair? a lot of you are asking for tax subsidies. >> 12% in taxes. >> right. a lot of you are asking me about that. and a lot of you are asking how much of this is speculators driving up the oil? because demand for gas is down in the u.s., why is the price going up? >> the rest of the world is gobbling up oil. they're building oil-intensive industries and also green intensive industries. the demand from brazil, india, china means, all the experts are saying, those days of dollar a gallon gas are behind us. >> why do we keep hearing republicans on the stump talking about $2 gas. >> is that just fantasy? isn't there a way do that with our u.s. oil reserves here. >> u.s. is already importing less oil. the president says he wants an all of the above approach to wean ourselves from dependence on foreign oil. our two biggest suppliers of oil are mexico and canada right here in our own backyard. it's a complicated scenario. there's nothing complicated about putting the pump into your car and it's 3.64 this morning. it's going to keep going up for the next few weeks, i think. >> that's hard to wean yourself and face that, right? that it continues increasing. >> i drive a smart car. i weaned. >> wait. wait. you drove in a suv the other day. >> my other car is an suv. but i make strategic choice now all the time about the suv. i put the kids in the suv -- >> we do that, it's just the rest of the world is growing so quickly that it might be whatever we do -- we consume more oil than anybody else. >> for now. >> china, i'm talking to you. christine, we'll keep on this throughout the show. stay close by. >> sure. >> we have another big story developing, that's in afghanistan where riot police and soldiers are on guard in kabul because it is friday, which you know means friday prayers. and the protests are growing as we speak. despite president obama's apology, which was hand-delivered to president karzai, angry protesters still erupted in afghanistan over that whole issue of a mistaken burning of korans at our nato air bass there, at bagram. two american troops now have been killed. that was by a man dressed in an army uniform of afghanistan, the people we're training. it called on after the taliban called on killing americans in revenge of the desecration of those holy papers. officials say more people died, several more injured, also including people from the area of the compound that is under siege. nick paton walsh is on the duty. this is his assignment. spends a lot of time there. it's been fairly quiet. you even had a chance to get to beirut and do reporting on syria. all of this has blown up, it is friday and most people know what that means. how bad is it today? >> we are in the fourth day of protests. so far friday prayers appear to have ended peacefully across most of the country. we're hearing of four to five protests nationwide, by interior ministry officials stress these are small so far and peaceful. that's not to say they dodged a bullet so far today because ail the protests of the past three days have begun peacefully and then spiraled out of control. there's a lot of anger there and a huge effort overnight of afghan officials to make sure things do not flair up. there's been nothing to remove that sense of tension particularly in kabul and around the country about what could happen in the next few hours. so far it's peaceful. >> president karzai, some say, play be able to tamp this down. he didn't right away suggest this was a mistake. he came out more on the side of those folks you're seeing on the streets. is this something he saw realized may have caused the chaos and now suggesting that this may have been a mistake and maybe give the americans bit of a bye on this? >> for the first few days all you could hear was a massive slew of nato and american apologies. now the president has apologized. there's not a huge amount else that the americans can do to say they're sorry. yes, people say hamid karzai could have apologized earlier, but some cynics are saying this plays into his hands. he's in the deal of negotiating with the americans about their future status and forces here, and he has a role in guiding the population, and that may strengthen his hand in those negotiations. that would be a cynic's take on this. at the end of the day, there's a lot of anger on the streets, they're appalled this happened and are amazed that nato admitted that it did. some say karzai had to stand with the afghans on this, but after what happened yesterday, he issued these statements last night. >> politic placing in, nick paton walsh, thank you for weighing in. >> newt beginnigingrich saying apologize was well deserved. coming up this morning, soledad o'brien will have a sneak preview of the annual governor's meeting with maryland governor martin o'malley, that's at 7:30 eastern. opening statements for the tyl tyler clementi case, he wclemen committed side days after being videotaped in his room. ryan braun is expected to show up at spring training today. baseball officials reversed his 50-game suspension after he s successfully challenged the drug test results. here's something you don't hear often, a saskatchewan screamer. i lived in the province beside saskatchewan, and i never heard of the saskatchewan screamer. >> hundreds of flights have been canceled. the city may see seven to eight inches of snow. you know who predicted this yesterday? yes, indeed, it's crazy in chicago >> saskatchewan screamer? >> i have not heard that term. i thought i heard them all. >> so did i. i'm canadian for heavens sake. >> thank you for adding another quiver or arrow into my quiver. >> some video for you out of chicago. several inches of snow. not quite ten yet. enough for folks to get out there, get the scrapers off and do more housekeeping, so to speak, this year than we have done in quite awhile. a different winter compared to last year. delays at the airports, you mentioned. frustrated travels there, not only at o'hare, but at mitt way as well, even 100 flights canceled as well. still snowing this morning, so delays this morning but the edge of the snow shield will begin to exit chicago as we go through lunch time it does extend over towards the northeast. snowing heavily north of new york city, rain in new york and most of long island, but snowing in bridgeport, hartford, poughkeepsie and newburg. warmer air will work its way in but it will be windy as well. a lot of energy with it from the canadian border down to parts of georgia. snowfall totals, four to seven across parts of upstate new york. the severe threat again today across parts of the southeast. this is after the report-breaking warm temperatures we saw yesterday across the area. into the 80s in some spots in georgia. 76 in atlanta. everybody coming out of the woodwork to enjoy an indian summer here. >> here's something else you will never hear, manitoba mudslide. it will never happen. >> no pretty flat. >> i just made it up. it's 13 minutes past the hour here. a judge tosses a case of a man accused of killing his wife on a scuba diving trip in australia. that happened ten days after they were married. he pled guilty in australia and served time in australia. now he's back here. why is the case getting tossed out here? and was there ever a tabloid story. john edwards and a sex tape with a mystery who bore him a child what about that sex tape? it's been hard fought over in court and there's a decision. you want to know where it is? you'll find out. 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[ female announcer ] yoplait original. 25 flavors for you to love. it is so good. for you today ? we gave people right off the street a script and had them read it. no, sorry, i can't help you with that. i'm not authorized to access that transaction. that's not in our policy. i will transfer you now. my supervisor is currently not available. would you like to hold ? that department is currently closed. have i helped you with everything you needed ? if your bank doesn't give you knowledgeable customer service 24/7, you need an ally. ally bank. no nonsense. just people sense. will be giving away passafree copies of the alcoholism & addiction cure. to get yours, go to ssagesmalibubook.com. recognize this? this is adele "set fire to the rain." taking a live look at baltimore. good morning to you. it's 56 degrees. a bit later, stormy for you and 7 72. >> 17 minutes past 5:00 on the east coast. same-sex marriage, one step closer in one more state. this time maryland. the state senate there last night approved a bill sending it to the governor in this state, maryland, as opposed to new jersey, promised to sign it into law. also, seven states and several catholic church groups are suing the federal government all over that new contraception regulation. the lawsuit claims that the policy is in violation of constitutional rights to religious freedom. what goes up can go even higher. we're talking about those rising gas prices. the latest gauge from aaa has a national average at 3.64 a gallon. that's three cents up from just yesterday. gas prices are the highest ever for this time of year. remember the indian lawmaker who called the girl scouts a radical organization that promoted abortion and homosexuality? he's apologizing, but apologizing for the tone of what he said. state representative bob morris said he was sorry for his emotional reactionary and inflammatory words. but he still believes what he said. and fights are breaking out overnight at a mall in orlando. why? hundreds of people are trying to get their hands on a pair of new nike basketball shoes. riot police were called in. two people were arrested fortress passing. no one was hurt. the shoes cost $220 and they glow in the dark. that's a reason to get in line to wait. i thought it was a lin shoe, but it's still a month away. i thought it was coming out today, quite frankly, but a month. >> i heard he was saying no to so many endorsements because they're trying to manage his brand and making sure they don't spray it out there. >> a nike shoe makes all the sense in the world. we have an early look at an early read of your local news. we have papers from charlotte and miami, let's start in charlotte. this is one story that will not go away from the news and observer. it's john edwards seen here walking on the left with a lovely hair cut. the woman in the middle, rielle hunter, and that guy who is walking with edwards apparently had a sex tape left in his house by hunter, and that apparently showed hunter and the former senator, but they went to court and hunter got that tape back. it will be destroyed. no one will not see the con teps of it, which is not a bad thing if you ask these two any way. the miami herald, though i don't want to talk about this. apparently you can't beat the heat. dwayne wade and lebron james pour cold water on our guy, jeremy lin. they stomped the knicks 102-88. the heat's eighth straight win. lin said they did a great job of making me uncomfortable. >> i would say so. >> miami defense too hot for the knicks. chris bosh led the team with 25 points. i think it's unfair you have those three guys on there. isn't it? >> isn't that what money buys? >> if i was living in miami, i would be happy. >> i bet. not just because of the weather -- >> show-offs. >> isn't that what makes it great? i don't even know about basketball. >> i love it. 21 minutes past the hour. a judge in alabama is tossing out the case against the so-called honeymoon killer. gabe watson was charged with killing his wife while on honeymoon along the great barrier reef. prosecutors say watson shut off her air supply and turned it back on after she died. watson pled guilty, spent 18 months in jail in australia. the case came to the united states, since he was accused of plotting the killing on u.s. soil. but the judge does not want a jury to hear the case. what? all right. so criminal defense attorney midwin charles joins us this morning. the big question is here, he serves time over there. and he actually pled guilty to involuntary manslaughter, yet he come here's and they don't have a case against him? what happened. >> involuntary manslaughter is very different from first degree murder. and i think what happened was there was evidence that came up during two weeks of trial that the prosecution put on that just was not persuasive enough to this judge. the judge believed that they didn't prove motive, as you know the prosecution was trying to say she had this life insurance policy, but it turns out that he was not the beneficiary of the life insurance policy. her father was. so this judge granted this motion for judgment of acquittal, which, ashleigh, i got to tell you is very rare. i've never seen it done in court. i've been practicing for quite awhile, both here in new york state and federal court. i have never seen a judge grant a judgment of acquittal before the defense presented their case. >> midwin, the defense didn't get to present a single witness. why is that? >> typically what happens is the prosecution goes first. right after they're done, before the defense puts on their case, the defense moves for a motion for judgment of acquittal, which essentially says, judge, we've heard all the evidence so far from the state. we don't think they have enough to prove their case. so we're moving and asking that you acquit our client because the prosecution has not proven their case. that's what the defense did here. it's pro forma, it happens in every defense case. chances are it's almost never granted. it's very rare to see that happen here. that's why the difference didn't even have to put on their case. >> the fact he pled guilty for involuntary manslaughter in australia does not way at all here? >> apparently it didn't. he served 18 months in australia and was extradited here to alabama. only on the condition that he wouldn't face a capital murder charge. it seemed to not weigh at all in this particular trial. i guess the evidence was just not overwhelming. >> the prosecutor said this case is over forever. i strongly disagree with him, meaning the judge, i'm extremely stunned and at a loss for words. so you cannot retry this? >> you cannot. >> oh. >> the judge has spoken. >> all right. well, midwin, we appreciate your time this morning. i think we're all shocked by this. are you shocked? >> i am. i've never seen it. when defense attorneys make that motion, they almost know it will be denied. to have it be granted is very much a surprise. >> all right. midwin charles, thank you for joining us. >> normally when we're covering these cases, we walk out expecting that's one of those things. defense stands up, he probably sits down. what? what happened? the judge agreed? >> when you see the pictures of that rwoman lying at the bottom of the ocean, that poor family. >> i was stunned because personally i felt there was at least enough evidence for the jury to look at this. i was just stunned that the judge did this. >> free man. >> that's the way it goes. that's the law. still ahead, newt gingrich is accuses president obama of surrender, official surrender, blasting him about the apology that he gave to hamid karzai over the mistaken burning of those korans in afghanistan. all of it to quell some of this violence, but it's not going over well among some people here. ve diabetes... your doctor will say get smart about your weight. i tried weight loss plans... but their shakes aren't always made for people with diabetes. that's why there's new glucerna hunger smart shakes. they have carb steady, with carbs that digest slowly to help minimize blood sugar spikes. and they have 6 grams of sugars. with 15 grams of protein to help manage hunger... look who's getting smart about her weight. 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[ding] [fans whirring] announcer: chill raw and prepared foods promptly. one in 6 americans will get sick from food poisoning this year. check your steps at foodsafety.gov. a very good morning to you. 29 minutes past the hour. welcome back to "early start." i'm ashleigh banfield, that's zoraida sambolin. we are here for the top stories this morning. what are you going to do about your gas prices? >> not much. >> not much is it. they climbed again, folks. yesterday we told you it climbed three cents overnight, today another three cents. the average is 3.64 a gallon. president obama says he feels the pain at the pump, too, but there's no silver bullet or dough ball for this problem. newt gingrich blasting the president for apologizing over the mistaken koran burnings by nato soldiers in afghanistan. he says afghanistan should be apologizing to us for the killing of two americans by a protester who was wearing an army uniform, an afghan army uniform. yes, we do train the afghan police. 35,000 jobs on the chopping block at u.s. postal service. the postal service announcing it will either consolidate or close down over 200 of its mail processing plants. the agency says the move will save us $2.1 billion. and penn state said it received a subpoena asking for information about the school, jerry sandusky and his foundation. and a major fire with a second tank engulfed in flames in galveston, texas. president obama will meet with a bipartisan group of the nation's governors later this morning. the annual governor association meeting at the white house is a closed-door session. but coming up at 7:30 on "starting point" soledad o'brien will chat live with maryland governor martin o'malley and get a preview for us. newt gingrich is blasting president obama for that apology that he sent to the afghan president for the burning of those korans by nato soldiers. hours after the apology, a person wearing an afghan national uniform killed two u.s. troops based in afghanistan. newt gingrich says karzai is the one who owes us, the united states, an apology for the shootings. is this going to be part of the narrative as we move forward in the republican primary race? to talk about it, matt koviak, and also democratic strategist, marjorie clifton is here, and from "role call" david drucker. the first thing i thought of when this happened is that this could be a political football right back here. any time there's conciliatory language lobbed overseas, it will stay here. will this play out this week or stay through november? >> my sense is this is a one-week thing. newt gingrich has been putting forward that obama goes around the world apologizing for america. this is a situation where tensions were high. you had an unfortunate incident that america apologized for with the koran burning. you had these two american soldiers die back-to-back. this is the kind of thing newt gingrich will put forward if he is the nominee, i think that's an unlikely scenario. but this is the kind of thing you do if you're talking to the base, not if you're talking to independent voters. once we have a nominee on the republican side you'll have to switch your focus from talking to the base to talking to the middle. >> marjorie clifton, way in on this. there's a lot of shift on feelings on what's going on over in afghanistan and iraq. i wonder if more democrats and independents might agree with this, tired of apologizing for anything. two u.s. soldiers were killed. this is not an intentional burning, this is an accident. it might even be a mistake in communication. soldiers unable to read the language on the books they were disposing of. >> but i think you've seen in republican and democratic amendmen amendmendministratio administrations, perception is everything. in this case it is a perception issue about the united states. the move is right who could have predicted the killing that would later happen. i think that republicans will be hard-pressed to actually win on international politics and the coming debates, given all that's happened over the past year. i think obama has a strong state, especially with hillary clinton, the secretary of state. we've had a strong showing. i think this will be an issue that will pass over quickly. gingrich blowing smoke, i don't think he will be the nominee. >> since you brought his name up again, i want to see the sound bite so everybody can see the tenor. this is newt gingrich blasting president obama for sending that apology which was hand-delivered by our embassy staff over there to the president of afghanistan. have a look. >> president obama surrendered twice today. and i think it deserves to be brought to the country's atte attenti attention. there seems to be nothing that radical islamists can do to get president obama's attention in a negative way. he is consistently apologizing to people who do not deserve the president of the president of the united states period. >> on its face, i can see people getting revved up but that, but what marjorie said also rings true. i will go over a few things that president obama has been able to do during his term. he wiped out osama bin laden. he got rid of anwar al awlaki, he got rid of moammar gadhafi, and then there was pressure on hosni mubarak to step down, and that's what happened. so, david, are newt gingrich's comments fair or in a vacuum? >> i don't think there's anything necessarily unfair with them. the question is are people going to agree with him on a large scale in a general election. that depends on whether or not the american people end up souring on president obama's foreign policy leadership. for now they appear quite happy. look at the polls. the president is much weaker on domestic issues. he gets rated positively on foreign policy and national defense issues. >> why would newt do it? if he's getting positive ratings. >> because newt is running for the republican nomination, and republicans are rather unhappy with the president's leadership on this front. >> foreign policy? >> yes. republicans, they're not happy. that's why you saw in your debate this week the president get blasted by all four candidates. it was one of the -- i would say three out of four, not rochb paul. it's one of the areas where the main competitors tend to agree. they all agree that president obama's leadership on foreign policy and national defense has been troublesome. the world is volatile, things could change. if they do, this could be a death by a thousand cuts issue that could be brought up again. for now it's a one-day story, nobody will care. not about the event but about the apology and the letter. >> i have heard a lot from ron paul about bringing all troops home no matter what, but i'm curious how you can get past that graphic i put up there with all those successes and think foreign policy has not had some success over the last couple of years, but you're right, it's a republican primary. stick around, we'll talk to you in the next hour as well. do not miss our special live coverage of the michigan and arizona primaries tuesday starting at 6:00 p.m. eastern with "john king usa." our complete coverage starts at 7:00 when wolf blitzer, erin burnett, candy crowley and john king, they'll be live here on cnn. it is 37 minutes past the hour. still ahead, trapped in syria. a plea from wounded journalists in dire need of help. and snowboarding into danger without the tools to survive. another deadly avalanche, this time outside a popular ski resort. you're watching "early start." . the capital one cash rewards card gives you a 50% annual bonus. and who doesn't want 50% more cash? 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[ male announcer ] want great taste and whole grain oats that can help lower cholesterol? honey nut cheerios. welcome back. it's 41 minutes past 5:00 on the east coast. there have been unbelievably haunting pleas from badly wounded journalists trapped inside syria. they're calling for a cease-fire so they can get out, get out of that country and get badly needed medical attentioattentio. they are in the homs area and they can't get out to lebanon or turkey. they can't get out to anywhere. the nonstop shelling is preventing any kind of movement. those bombings killed reporter marie colvin. colvin and remi ochlik still remain in homs. you're looking at their picture right there. just in, kofi annan will serve as joint u.n. arab league enjoy to syria. right now we have michael holmes live in beirut. we were watching some video there a moment ago. the name of the french journalist is edith bouvier. and we listened to her pleas for help. apparently she requires immediate medical attention and surgery in order to be able to perhaps survive. so we're wondering has there been movement in that that you know of? >> no, not yet. the shelling does continue. i can tell you two dead reported by activists so far this follows 101 dead yesterday. i was reading on the twitter feed, javier espinoza is another journalist trapped inside homs, he is uninjured and tweeted there is less bombing today, but heavy fighting. he said there was shooting in the building next door to him. we're hearing of heavy security presence in other cities it is early yet, but protests are already getting underway. friday, of course, the traditional day of protests in the middle east. you mentioned about those journalists. what we're hearing is that the two wounded journalists are still awaiting help. edith bouvier, particularly badly injured. badly broken leg. it's broken along the thighbone and across the thighbone. the doctors treating her are concerned she could suffer either clotting or bleeding internally. they desperately need to get out. yesterday we heard those video pleas from some of those journalists. here is the british photographer, paul conroy, who was working with marie colvin. >> i am currently being looked after by the medical staff who are treating me with the best medical treatment available. it's important that i'm here as a guest, not captured. any assistance that we can give them by government agencies would be welcomed. now, just any help. just want to assure family and friends in england that i'm okay. >> despite demands from british and french government s there's been no assurance from the syrian regime that they will let those journalists out. no humanitarian corridor plan. the doctors are very concerned about the health of both paul but especially edith. there are two other uninjured journalists, there, too, william daniels and javier espinoza also trapped inside homs. it's horrible to say, but the bodies of marie colvin and remi ochlik still there inside the city. we were talking to activists last night who were telling us they have to bury those bodies soon inside homs if they don't get them out soon. horrific news for their families. one last question for you. what do you make of former u.n. secretary-general kofi annan. do you think he'll be able to assist with these journalists getting the help they need? >> well, of course he's very seasoned diplomat, former u.n. secretary-general. he's somebody who does carry some weight in the middle east as well. the regime has shown it doesn't listen to any of the pressure being put on them so far, be it from the u.n. or the friends of syria, which are meeting in tunisia today. they are trying to put more economic and diplomatic pressure on the syrian regime. they have not listened to anything so far. as we say, the shelling continues in homs today. so, whether he's going to be able to have any success, we don't know. the icrc, international committee for the red cross, also have been trying to negotiate some humanitarian aid, particul particularly in the neighbor of homs. it's very much a wait and see. lives are on the line. >> michael holmes live in beirut, thank you for that update. here in the u.s. f you're planning travel, check your flights because there is some awful weather in the midwest. >> they were whacked with that nasty storm, so it's caused a lot of delays across the country. and linsanity feels the heat. reality check from lebron and company. you are watching "early start." . ...that mary got engaged? that's so 42 seconds ago. thanks for the flowers guys. 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[ male announcer ] progresso. you gotta taste this soup. ♪ there she was just a girl >> oh. good morning, chris martin. that's coldplay waking you up. a little "paradise" for you. this is charleston, south carolina this morning. waking up to severe storms later on today, guys. sorry about that. you will be 77 degrees if that's an offset but some storms. make sure you're prepared and aware. it is 50 minutes past the hour. time to check the stories making news this morning. in maryland, it's about to become the eighth state to legalize same-sex marriage. the maryland senate last night approved a same-sex marriage bill. it it's sending it to the state's governor who promised to sign it. >> ryan braun successfully challenged a positive drug test. he said he would get this overturned and he did it's the first time that a major league player won an appeal. braun faced a 50-game suspension after testing positive for elevated levels of testosterone back in america. and bank of america said it will freeze pension plans. instead the company will increase 401(k) contributions by 2% to 3%. john edwards, former presidential candidate and his former aide and his former mistress have some resolution in their lives. the aide and mistress settled their lawsuit. the civil suit that rielle hunter filed to try to get possession of that sex tape she made with edwards. and it appears that tape will likely now be destroyed. an avalanche kills a snowboarder outside a ski resort in dutch canyon, utah. rescuers say he didn't have any safety beacons and was in an unstable out of bounds area and was buried for about 40 minutes under three and a half feet of snow before anyone was able to get to him. on the basketball court, lebron trumps linsanity. lebron was no match for lin and the knicks. it is the heat's eighth straight win. miami has the best record heading into the all-star break. big all-star weekend for anybody who loves basketball. >> love it. still ahead, gas prices up again while you slept. this is the second day in a row we're telling you. rising gas prices making everything more expensive for you. christine roman als will break this down. exactly. okay... 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[ male announcer ] new glucerna hunger smart. a smart way to help manage hunger and diabetes. at meineke i have options... like oil changes starting at $19.95. my money. my choice. my meineke. it is five minutes to the top of the hour. here's my guess, if you're like us and you get up early, because your watches, you may not stay up late for the funny stuff. we were watching a preview for this, all the late-night laughs. i thought this is good this we'll show this. >> we don't get to watch this stuff. ferguson and conan o'brien digging in to the latest gop debate and having fun with it. >> last night's republican debate, the candidates were asked to describe themselves in one word. that's right. rick santorum said courage. ron paul said consistent. and newt gingrich said bootylicious. weird. makes me like him now. two of the biggest topics at last night's gop debate were illegal immigration and birth control. those were the two. yeah. i think ron paul got confused he said that we should build a fence out of women and pull out of mexico. weird. it's an election year, both sides are trying to turn it into an issue. the republicans blame comrade obama, and others say, no. do what i do about the gas situation, blame the dog. >> blame the dog. not iran. i liked actually the real story, newt gingrich describing himself in one word as cheerful. that was the best. he could have just said that. >> maybe to know him to appreciate that. 56 minutes past the hour here. ahead, montel williams beating m.s. on his own terms. he said he uses diet, exercise, medical marijuana and electroshock therapy. we'll talk about how that is working for him. you're watching "early start." and a very good morning to you. hello, everyone. this is "early start." i'm ashleigh banfield. >> i'm zoraida sambolin. we're glad that you're joining us this morning. we're bringing you the news from "a" to "z." >> one thing you can expect this time of year, gas prices might go up, and, guess what, boy are they going up. gas prices hitting home. we're going to explain what happened as you slept. eruptions of rage in afghanistan even after president obama apologized for the mistaken burning of the koran. more chaos happening there. he is one of america's favorite talk show hosts. and montel williams has made no secret he's been battling m.s. and now he's talking about how marijuana and electric shock therapy have helped him in the fight. can you feel the excitement? it is the countdown to oscar night. billy crystal is back , and a silent film may steal the show. we're going to edit our pro dictions to see who is right. >> no matter what happens, i love oscar night. >> red carpet, red dresses. first up this morning, no relief in sight if you're looking at a break at the gas pump. i was trying to find it yesterday. the average price of gasoline, $3.64 a gallon. up 3 1/2 cents since yesterday morning. some areas are much higher. look at this. poor folks, $4.93 a gallon in a station in los angeles. do we have that? no, maybe, perhaps not? there it is. $4.93 for regular. but you see $5.09 at the bottom if you like the premium brand. >> the fancy stuff. >> it's pushed higher by the cost of crude oil. >> crude prices reached nearly $108 per barrel. it's the highest price of crude since last may, so is there any relief or solution on the or e rye? boy, isn't that the question, the million dollar question? not sure that mark stance bsburs the answer but he is part of the industry. christine romans is also live with us to sort through what is going on. mark, everybody has been talking about the issues with iran, the straits over hormuz, the demand for oil all over the world is up. is there anything else at play that the average guy like me might be actually able to connect to understand why my life is getting lousier? >> well, we definitely have an opportunity to have leadership in this country. and that's what we're needing more than anything else. and it's not republican or democrat issue. it's an american issue. all forms are needed. american needs america's energy. we right now need to develop our energy fields in the shell shale plays. to get to the next point of fixing it, it's not overnight but we can develop energy. we need true leadership, whether it's republican or democrat that's in the white house in january. >> let me jump on that because i've been reading up on this on how much leadership has to do with the price of oil at our pumps. there are a lot of people, economists and analysts alike who disagree and say -- actually i'll quote the chief economist for moody's who says there is little presidents can do to influence gasoline prices, at least in the near term. with that in mind, how about the other side of the coin, how about a bailout from the big oil companies that just keep making money hand over fist and we're paying it? >> we need to send a message, keystone pipeline, 20,000 jobs could be added, that is a factor, for example. there's tax incentives that as far as the vulcan play where we can develop our own oil. we definitely don't need to be taxing and be inconsistent, which we have been, we've not been consistent with our energy plan. so we can develop our own energy and become more energy independent. >> i'm asking the same question. a lot of people wonder when they hear about the unbelievable oil and gas profits they keep wondering why they never get a break, while the oil companies seem to make money no matter what happens in the oil industry and we never get that break. not withstanding the other issues which i think are legitimate, too. >> well, oil companies, when we talk about oil company, it's pretty proud. we're talking about the mom and po pops, we're talking about the independent companies developing the vulcan play. a lot of independents develop them ourselves. the hadesville. so say it's just the big oil companies. it's not. we're talking about the mom and pop companies. independent companies that arei of their time and effort. we need a consist tent plan. >> you know what i'm talking about, the ones making hand over fist in the billions. this resonates with the americans who go to the gas pump and can barely afford an suv so they downsize. >> definitely. we need to see them invest in our country, as well. we hope to see that if we have the right incentives. that's the future, is to make sure that we have energy efficiency, preservation and, yes, i agree. we don't want to see the prices go much higher but i'm afraid we will with the geopolitical decisions that we have. >> hold that thought for a moment. i want to bring in christine romans. i love it when you're here every morning to clear up my mind. i hear mark saying that, yes, there are record profits all time and they do reinvest. . they create jobs, et cetera. why is there this disconnect, why don't i understand why i'm the guy at the gas pump who continuously pays and it feels like pays an unfair share. is that wrong? >> look, would you look at is not wrong. >> is that wrong? >> it's something that every time gas prices go up it's like groundhog day that we look to find out who to blame. there's a big global oil market. you have these big emerging markets gobbling the energy. doing green energy. they're going gang busters to try to grow their economies so their economies can grow as fast as ours did in the last century. energy price, energy companies. huge tax breaks and subsidies so they can keep investing in domestic production and infrastructure. we have to have a new refinery built in this country in 30 years. two refineries now are off line. we have demand down in this country but it doesn't matter because there's a fear over the iran factor. it's a big global market. it's very complicated. prices are going up. the path of least resistance. >> mark mentioned the taxes. the last graphic in the last hour, i don't know if they have the it handy but it showed that 12% of the price of a gallon of gas goes towards taxes. mark brought that issue up. how about a little relief on the tax snes how about that? >> well, if we -- if we pay less taxes out of our pocket that someone else has got to -- the government puts those federal taxes on gasoline and gasoline consumption, so you look at how that is broken out. the biggest input into, you know, what the price is of a gallon of gas is crude oil. crude oil is a big global market. our government doesn't set the price of crude. it's set by supply and demand factors, a lots of different factors in the global market. like i said last hour, i know two things. my mother loves me and gas prices are political. people look at the price of a gallon of gas and say how this president should do something or we should drill more. >> what can we do? i mean, at the end of the day, i'm listening to these arguments saying, okay, what do you do attend ft day? and my other question, as we head into the summer because we know they go up, we're going to see an incremental increase continuing to happen. >> that's what's so aggravating about the gas price story because there's not a lot you can do. companies try to find ways to useless energy. we know that cars we're driving are more fuel efficient. that's one thing that over time we've done as a country. there is still this global race for this resource that puts strain on the price and we are the end consumer so we're the ones who pays for it. >> i 1have 700 million reasons for president obama to give us relief and it's sitting in the salt taverns sitting in texas. >> he tapped it last year. >> what about this year? >> supply problems with libya. this year it's iran. those who say this president can't tap it every time there's a geopolitical problem. also, libya oil is m coming back on the market but prices aren't coming down. that's curious. >> thank you so much. >> can't stump you. cannot. >> look at all of this paper. all of this to try to stump christine. >> i need you every day. you are -- you are positive. >> five minutes past the hour here. we need to move on. thank you so much. still ahead on "early start," big money donation for president obama. and will silence be golden at the oscars on sunday night? first, though, quick check of your travel forecast. rob marciano doing that for us. >> good morning. still snowing in chicago. inches are piling up there if storm system is extending off to the east, upstate new york, parts of connecticut seeing the snow as well, as this is pretty big. wind energy with it and threat for severe weather as well as across the south easter. snow band across the parts of lower michigan getting up into parts of canada. below that not a whole lot of moisture. several inches expected. more from chicago. new york, say, philadelphia back through d.c. this is not going to be an issue. you are in the warm sector. right now it's miserable with rain and temperatures in the 30s. winds will be picking up later on today as well. ten minutes after the hour. "early start" is coming right back. in the works package, we change the oil we change the filter... tire rotation, suspension, we make suspension checks... what we have here is the multi-point inspection. every time a vehicle comes into a ford dealership you'll be presented with one of these. we check the belts, hoses... brakes. tires and the pressures... battery, all your fluids... exhaust system, transmission... we inspect your air filter... it gets done,it gets done quickly and it gets done correctly. the works. oil change, tire rotation and more: $29.95 or less after rebate - at your ford dealer. you're a doctor... you're a car doctor. maybe a car doctor... ah, welcome to hotels.com. i get it...guys weekend. yeah! if you're looking for a place to get together, you came to the right place. because here at hotels.com, we're only about hotels. yeah! yeah! noooo. yeah! finding you the perfect place is all we do. welcome to hotels.com hello. nice to have you back with us. we look a little different. >> you know the excitement is building toward hollywood's biggest night. it is just days away now. who will go home with the coveted oscar and what will the stars be wearing? i kind of want to know that. >> the most nominated film. i can't remember. >> really? >> no. martin scorsese's 3-d at venture, "hugo." >> what does he do? >> he's a wind-up figure, like a music box. this is the most complicated one i've ever seen. >> i didn't see that one but, you know what, i did see that one, a major silent film, a major player at this year's academy awards. "the artist," ten nominations, in all, nine films are vie for best picture and billy crystal is back. lots to talk about with "us weekly," looked at theed odds bradley jacobs is joining us live. i think the silent movie is going to be the big juggernaut. am i crazy? >> no. "the artist" will probably win. it's a movie about movie making. what could hollywood love more? it also has a romantic feel to it. it takes place at a different time. it has a great gimmick, which is that it is silent and after a couple of minutes you are taken away into another world. >> is that who you're predicting is going to take home the honors? >> yes, i think that will win best picture and best director. >> what about best actor? >> it's a tough race. >> i had a tough time picking one. >> your did? >> yes, i did. >> forever it seemed like it would be george clooney for "the descendents." but it's possible that "the art itself" but who would do that to mr. popular himself. >> i did wonder because, full admission here, i went into this movie, i didn't know it was a silent movie. a bit of a dough ball, shall i say? but in all honesty i went in early on before there was a buzz about the movie. i saw it in back in the fall, i think just back in september. i was pleasantly surprised when i saw the movie and overwhelmed by it. you know how it works when there's so much hype, that the delivery and the expectations -- >> a lot of people come to see, i finally saw "the artist" to hear what everybody was talking about, really, is that it? it is charming and delightful but, like i said, it is a little gimmicky in the end. >> it's kind of about acting, right? at the end of the day that's what the oscars are all about. >> that's a nice way to put it. >> what about best actress? >> best actress is also kind of a tight race. all year it looked like it was going to be meryl streep's third oscar. you know, they haven't given her an award in 29 years, "sophie's choice," playing margaret thatcher. but when the movie came out it sort of laid an egg. she was great. >> really? you thought so? >> no. we went to it together. >> we watched it together. we loved it. >> no, "the iron lady" was not thought of as that great a movie. >> what's wrong with us? >> i don't know. >> i enjoyed it. >> i don't know. she's not thought of as that great, great bio pic. there was too much on her dementia at the end. too many flashbacks with the dead husband. people just weren't that into it. i think the academy doesn't want to make this mrl's big third oscar. they would rather give it to her for something else that they foresee her doing. >> i think i know why we loved it so much, because harvey weinstein was in the audience with us. >> hello. did he come up to you afterwards. love you, harvey, but that is what he does. >> but say what you will about the movie itself, i know there were a lot of critics who said this on both sides said, loved it, hated it, but she was incredible. she lost herself in that character. >> yes, she was. but the british don't like it. they think it's sort of -- it's just not the right look at her and there's just too much going on in there. i really think viola davis will win. i think "the help" was a big summer hit, super hit. >> good movie. >> viola is a relative newcomer. she's been working for a long time but she really hasn't popped until a couple of years. "doubt" was her first domination. >> i hope the best supporting actress wins, too. she was amazing. oh, my gosh. >> presumed winner for months and months. >> that icing, if you haven't seen the movie. >> chocolate pie in my story. >> chocolate pie, yeah. we have one other thing. sasha bearicohen in "the dictat" >> just so people know sacha as a movie out called "the dictator." he wanted to use the oscars to promote "the dictator" but he would have done it in his own sacha way. it would have been interesting but the academy put the kabash on that and said we do not want you using the red carpet to promote your movie. he will probably go as hugo. >> do we have a big reveal? i thought we did. we can bring you back and see who was right and who was wrong. >> absolutely. >> we have a bit of a contest. >> i'm up for it. sglets get your best picture? >> my best picture. >> "the artist." >> best actor. >> george clooney. >> best actress? >> viola davis. >> okay. look at that. how fancy. >> my picks are for best picture, "hugo," best actress, viola davis, and best actor, i got the guy from "the artist." >> he's dreamy, isn't he? >> you might be right. >> i said 1"the artist" and "th iron lady" and brad pitt. i just decided. hard though. big decision because i think he's been passed over for some remarkable, remarkable work. "california" i don't know if everyone has seen that but he is unbelievable and i thought he was great in this because it was the kind of script hard to do. it's hard to be exciting about some of the stuff he had to do. >> brad pitt just over his career has been too pretty. >> that's why. >> he's too good looking. he also is sort of seen afraid to do a real leading man role in the last years. >> you can argue that george clooney is too pretty, too. we'll see. we're going to invite you back and see what happens. >> quickly, a real nod to gary oldman. he's just remarkable. so, so great. >> thanks for joining us. appreciate it. >> for complete coverage of hollywood's biggest night, "showbiz tonight" will be live at the oscars for its road to gold special. a.j. hammer reports live from the red carpet sunday night starting at 6:30 eastern right here on cnn. still ahead on this program, mistaken burning of some religious papers including korans, now it's costing lives, including american lives if rage is overflowing in afghanistan. you'll find out what is being done. also, montel williams, you know him as talk show host and a fabulous veteran, too. he's battling m.s. and he's doing it his own way. find out what he thinks is the road to success in battling that disease. you're watching "early start."hd ? with determination. courage. and all the points i earned with my citi thankyou card. [ male announcer ] the citi thankyou card. redeem points for travel on any airline with no blackout dates. forty years ago, he wasn't looking for financial advice. back then he had something more important to do. he wasn't focused on his future. but fortunately, somebody else was. at usaa we provide retirement planning for our military, veterans and their families. now more than ever, it's important to get financial advice from people who share your military values. for our free usaa retirement guide, call 877-242-usaa. welcome back to "early start." it's 25 minutes past the hour here. afghan riot police and soldiers are on guard across kabul. >> all of this in afghanistan. take a look at your screen. it is not a good scene, despite president obama's apology, straight to the president of afghanistan, the protesters are still angry, still erupting in the streets in afghanistan over that whole mistaken burning of religious papers and korans at our main nato air base there in bagr bagram. it happened yesterday, a man posing an afghan army uniform, killing those troops and all of this after the taliban had called out for the killing of americans as revenge for the burnings of the documents. officials say more people died. several more injured. also including americans. our nick paton walsh is live at his post in kabul, afghanistan. friday prayer is usually a bad time for protests. it ramps everything up. where you are you're heading into the afternoon. what does it look like? >> some breaking news to bring you, ashleigh. we're hearing from eye witness in hurat, one of the main cities in the west of the country. a crowd of hundreds of angry protesters are near or around the u.s. consulate there. we understand from this eyewitness they've been smashing windows of cars around that particular building, of course, outside of it. and there are concerns, of course, that police may have to intervene at some point. two civilians injured in that city in the province, in fact, earlier on today in kabul, we've had large numbers of demonstrators moving towards the presidential palace. shots fired in the air, we understand, at two civilians and one policeman injured in the capital. other protests across the country, i have to say until we heard about this incident in hurat it had appeared that most of the demonstrations so far were passing relatively peacefully by these minor injuries. certainly hadn't replicated the violence of yesterday. over the last three days, the six is still unfolding. i must say initial reporting suggesting this surrounding of the u.s. consulate, protests near it, but these concerns, of course, will be more able to clarify in the next hours or so. but still it seems president barack obama's apology has done very little to quiet the mood on the streets so far this afternoon. >> that is not good news. thank you for that from afghanistan this morning. 27 minutes past the hour. the battle for half the electorate. gop women. apparently they're warming up to rick santorum right before the peak of primary season. we're going to talk to our panelists about this and a couple of other things. you're watching "early start." and we also have montel williams. his battle with m.s. kind of an unorthodox way of dealing with it. he's going to tell us the results of that. you are watching "early start." can i help you? yeah, can i get a full-sized car? for full-sized cars, please listen to the following menu. for convertibles, press star one. i didn't catch that. to speak to a representative, please say representative now. representative. goodbye! you don't like automated customer service, and neither do we. that's why, unlike other cards, no matter when you call chase sapphire preferred, you immediately get a person not a prompt. chase sapphire preferred. a card of a different color. 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[ male announcer ] for the road ahead, the all-new subaru impreza. ♪ experience love that lasts. welcome back to "early start." 31 minutes test a hour here. time to make the stories making news this morning. fill your car's gas tank. aaaa say gas prices nationwide now average $3.64 an gallon. that's an increase of three cents in just one day. and with the syrian army continuing to shell the city of homs, world powers are meeting in tunisia and what is called a friends of syria conference. secretary of state hillary clinton is there, the u.s., europe, and arab nations all drafting a warning to bizarash l al-assad will draw a cease-fire. penn state is answering new questions from federal officials investigating jerry sandusky. the university present we'd a subpoena from u.s. attorneys requesting information on the school, jerry sandusky, and his second mile children's charity. the source says investigators are looking into a claim that sandusky took one of his victims across state lines. comedian bill mahey delivering and it streamed live onnia hue. mahar is donating $1 million to ppt's super pac. maher had this to say on twitter, thank you, everybody, who has hit me up after the show and a great san jose audience. obama donation was a surprise to yahoo! fyi. 35,000 jobs on the chopping block at the u.s. postal service. service announcing that it will either consolidate or just plain close down over 200 of its mail processing plants across the country. the agency says this is a move that is going to save $2.1 billion. riot police had to break up a huge brawl. at a mall in orlando. this is a great scream. hundreds of people trying to get their hands on a pair of nike basketball shoes. now, nobody was hurt. two people were arrested. it was all about limited edition kix that were made for game going on in orlando. they are very funky and they are very expensive, folks. $220. they glow in the dark. apparently there was a guy on craigslist who was apparently willing to trade his car -- no way. >> yeah. his car for a pair of these kix. >> if my son had a car, he would do that. >> absolutely. all right. let's switch gears here and talk politics. a new poll is showing rick santorum is gaining more support from republican women. criticses said some of this conservative views on abortion, birth control, and women in combat would actually hurt him at the polls. >> not so. >> you know in 2008 women cast nearly 8 million more votes than men did. is a real hot button issue here. we've got lots of folks to talk a it this morning. republican strategist matt, democratic strategist marjorie clifton, and political reporter for "roll call" david trucker. thanks for being with us. matt, i'm going to begin with you. we're going to put up a poll here. it's a "washington post"/abc news poll. it shows that 57% of women view santorum favorably. that's up 13 points since january. very close to romney. recent polling shows romney an edge with women in arizona. we previously talked about santorum perhaps having a woman problem. what should we read into this? >> i think santorum gives you something before. i think that's something that people are starting to see. you know, he's not as well-known as romney is. he's been towards the lesser known candidates throughout this race until very recently. you know, a lot of times when you talk about these reproductive health issues, the views are brought up from the pro-choice perspective. not always brought up from the pro-life perspective. there are many pro-life women across the country and see somebody like senator santorum. real champion for pro-life causes and they want to be before him. he has an attractive large family, strong christian, strong catholic. he has real conviction and real courage. he's demonstrated that on the campaign trail that people are starting to see. >> marjorie, i want you to weigh in on this. being a woman and the only woman on this panel but you're also a democrat. let's talk about some of these things. you know, he's been called closed minded, some comments have been controversial, women in the military, women in the workforce, birth control. does it surprise you that numbers in women and the support of the gop, women in particular, republican women, does that surprise you? >> i think the bump has everything to do with what matt just mentioned, new note righty that santorum has had recently. i think it has more to do with the economy. romney is still seens that outsider eliti looeitist type a santorum is the middle class, more down to earth, more in touch with what women are dealing with. if you look historically, women were actually 51% of the population and the big surge in women voting in the last cycle actually had the lot to do with hillary clinton being part of the race and then that enthusiasm transferred over to obama. and mccain actually only pulled about 43% of women in 2004. bush had about 4% 7% in women. in general, women skew more democratic candidate for social reasons such as contraception, abortion. i think these recent debates about birth control in particular and a lot of santorum's comments haven't caught up with him yet. i think when the social issues catch up, which they're going to and it started as we saw in the arizona debate -- >> that's kind of his platform, right? >> it is, yeah. >> you've got to think that it's weighing? >> i don't believe that this is going to hold for women. i just -- i can't believe that. i think it has more to do with the economy reet now. and, again, as the economy is improving i think that will change as social issues come to the forefront. >> all right. david, i'm going to switch gears here and i'm going to look ahead. i'm going to talk about marco rubio. he is of cuban decent. but there are new details out about his faith journey. he was baptized into the catholic faith as a baby. then baptized into the mormon church at the age of 8. back to kat thol sichl four years later. attends catholic and baptist churches. he's name is often floated around as vice presidential candidate. good, bad, does it matter? >> you know, i've been thinking about this overnight and i really don't think it matters at the end of the day. i think maybe if we would have found out that he was secretly practicing member of a religion and he was lying about it, that could have been a problem. if he would have changed religions last week as an adult, maybe that would have been a problem. but a lot of people, especially when they're young, in america, generally go through a sort of faith jjourney. i think it's something a lot of americans can identify with. i'll say this, it was a great article in buzz feed that talked about this, but my take-away from the article was a relative of marco rubio saying, he's into religion. religion and football, those are his things. guess what, most american voters are in into religion and football, particularly in the south and the midwest. i don't think this is a part. >> thank you for joining us this morning. >> thanks a lot. >> thank you. >> you do wonder if most people have just one team in football that they like as opposed to a few. >> i think, you know, a lot of people do a sot of soul searching and can identify with that. >> i hear you. i'm always a fan of somebody who at least believes in something. coming up, this is a case that is making some strides here. perhaps even setting some precedent. that young man jumped off the george washington bridge after his roommate allegedly turned a webcam on him and he's in court because of it. is this a hate crime? 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[ male announcer ] introducing spark the small business credit cards from capital one. get more by choosing unlimited double miles or 2% cash back on every purchase, every day. what's in your wallet? the benefits of calcium in a sweet, delicious treat. enjoy vitafusion calcium gummies today. opening arguments are set to begin today for the tyler clement cyber bullying trial. you may remember he was the young man who committed suicide after his college roommate allegedly used a webcam to stream his sexual encounter with another man in the room. he's facing 15 charges including evasion of privacy and biased intimidation. that is language that also means hate crime. if convicted he could get up to ten years in prison. with us now to dissect the whole case and why it's so critical is midwin charles. when i first saw this was deemed a hate crime and charged as such i have to admit i was a little surprised only because we usually associate hate crimes with violence or killing or assault or something else. but this is all sort of emotional and personal. >> perhaps. i guess it depends on how you look at it. if you have a crime where it was kind of created because the person hated the person, because they were -- for race or sexual orientation or religious affiliation, then it becomes a hate crime. i think that's what happened. look, when you have a teenager, a college freshman jumping off of a bridge, someone is going to be charged with a lot of charges. i think that's what we have here. i think 15 charges is a bit excessive. you know, someone who does defense work i think it's a bit much. but i'm not surprised given the circumstances. let's face it, ashleigh, this case started a national debate and discussion on cyber bullying and what it means and what its implications are. >> here's what's weird. you just nailed it. wow. when someone jumps off a bridge there's going to be attention here. and yet the jury is not supposed to hear anyone about that. >> my guess is the attorney on both sides were happy with the people who kind of came before them. the jury is not supposed to hear this, not supposed to be biased, supposed to have an open mind as they start to listen to the evidence and go about the trial. i would be interested to see what sort of decision they reach after they deliberate. >> that's what it amounts to. to that end, there is evidence that's going to be introduced at trial. my assumption. i can always be surprise bid suppression motions but there is going to be some evidence likely to come into trial. loads and loads of text messages and e-mails. i have one of them here that really tweaked me. this one sent to tyler clement on the eve of his death by him. he says this, i've known you were gay and i have no problem with it. in fact, one of my closest friends is gay and he and i have a very open relationship. i just suspected that you were shy about it, which is why i never broached the topic. i don't want your freshman year to be ruined because of a petty misunderstanding, it's adding to my guilt. you have a right right to move, if you wish, but i don't want you to feel pressured to without fully understanding the situation. that to me and, look, i may be very my iopic here is pretty strong defense evidence. >> it says that this guy has no problem with his roommate being gay. if you're going to prove a bias crime, at least in this case, they have to show that darren ravi did not like gay people, he hated gay people. and, in fact, it was a pattern and practice for him to kind of taunt them and treat them badly. and that e-mail kind of cuts away from that. >> midwin, five seconds left. is he going to go down on that biggest charge, biased intimidation? >> there's got to be other evidence but i think it's going to be hard. we'll have to see. >> good to see you. it's 46 minutes past the hour. here's soledad o'brien with a look at what is ahead on "starting point." good morning. >> good morning to you. coming up in roughly 15 minutes or so on "starting point," we're going to sit down and talk to senator russ feingold. he has said there's a wake-up call now for the post - 9/11 er. he's going to talk to us about his new book about what america needs to do to protect itself. also this morning, going to talk about the oscars. chazz was nominated. they always say it's enough to be nominated. is it real sfli i don't know that i believe that. we're going to talk about that and much more. all the oscar talk straight ahead on "starting point." we begin at the top of the hour. "early start" is back right after the break. [ jane ] how did i get here? with determination. courage. and all the points i earned with my citi thankyou card. [ male announcer ] the citi thankyou card. redeem points for travel on any airline with no blackout dates. in here, the landscaping business grows with snow. to keep big winter jobs on track, at&t provided a mobile solution that lets everyone from field workers to accounting, initiate, bill, and track work in real time. you can't live under a dome in minnesota, that's why there's guys like me. [ male announcer ] it's a network of possibilities -- helping you do what you do... even better. ♪ [oinking] [hissing] [ding] announcer: cook foods to the right temperature using a food thermometer. 3,000 americans will die from food poisoning this year. check your steps at foodsafety.gov. williams was diagnosed with multiple sclerosis in 1999. the past two years have become -- or he has become an alternative health care advocate. he says that a strict enter koois sighs and diet regimen is doing wonders for him. montel williams joins us now to talk about his new found energy. thanks for joining us this morning. >> thanks for having me. >> nice to see you. >> thanks for letting me share this with the country. it's unbelievable how for ten years i've kind of suffered through this journey with my illness, which is m.s. i've worked at everything i could to see if i can abate my symptoms. i've come up with a couple of things along the way that were helpful. in the last two years i've dialed this in. in the last six months, in a way that right now if it works for me, i want to make sure i get this information out there for everybody else or for anybody. >> you look really good. i saw you walk in here and you look strong. how do you feel? >> i have dealt with symptoms of m.s. that include neuropathic pain. that is probably down now from two years ago about 45% to 50%. and so that then has effected everything else about the way i feel because my energy is back, my ability to walk is increasing, my ability and dexterity is coming back because i'm doing the things that we all could do if we just stopped to pay attention to our own individual health care footprint. be how amazed this country could be doing, even financially. if more people just stopped for a second and pay attention, eat right. correctly. there is so much information out there that tells you fruits and vegetables, everybody should be it eating more fruits and vegetables. if you're on medication, take it on time. we are the least compliant nation on the blan net, doctor prescribes you medication, i'll guarantee you, everybody at home will agree with this the, go to your medicine cabinet. you have medicine in there that you didn't finish. >> we're all guilty. >> why did he write it or you? that's the only way we get better. >> but you're famously known for alternative. >> correct. >> do you take any prescription medicine? >> i do. but i'm also loaded up and steeped in as much information as i can on other ways to improve my health. alternative in a sense is really not alternatives. chlorophyll, things like b-12, supplementation that we can't get right now because of the way we destroyed foods that will turn your life around just that quick. >> there is no cure nor m.s. >> absolutely not. >> have you seen any of your symptoms diminish when you have made this change in your life? >> i am different in night and day from people who know me, people who have seen me, people who work with me from seven months ago because of this regimen that i'm on. and the more i stay on it, the better i am. have i seen myself improve? i can't physically run since i was diagnosed with m.s. that was ten years ago. in the last two years i started working diligently through a program and protocol with the university of wisconsin that is helping to stimulate my brain's rechanneling -- >> is this what we're calling electroshock therapy? >> we shouldn't. what it is is this is based on a study that's been going on for years at wisconsin now for over 30 years. this is a project that i right now am guying to get into our u.s. military soldiers who have traumatic brain injury. we are working right now with the surgeon general of the army and working with the secretary of the army to get this in there. >> is this what we're seeing right here? is this the therapy? >> this is part of the therapy that you're seeing and based on nobel peace prize science. what i'm doing is, there's a device that it literally sends a very, very small current into the tongue. the tongue is attached directly to the brain stem. and through the brain stem i'm stimulating my brain to find new pathways around the damage that's in there. since i've been doing this and taking a supplementation, taking adapt of vitamins. you can go right to gnc today and find. i'm not trying to sell you a brand. these are three herbs. rodiola, ashuawgand and sishandra. for thousands of years they have been considered, you know, healing medications around the world. americans never knew about it. i've been taking this every day. that seems to -- it's not the cure. >> what are the doctors saying? they're watching your progress. >> amazed. i have top doctors in the world for my m.s. and within the next six months we're going to do a study of me so i can start to show people that this is not hype, this isn't garbage. this is truth. in the last couple of days you have something, right now are you kidding me? the food and drug administration has just approved another drug for weight loss that we now already know causes birth defects and causes heart problems, but we're going to shove it down american's throats when all you have to do is go to gnc or local health food store -- >> i'm a big advocate of natural products. >> go there and there's a product right now. it's called sasilin. it's the highest selling supplement in the world. why? it's works. based on clinical trials that proves that this targets the fat around your organs and increases something called a hormone that we lose as we get older. that hormone starts to reduce your belly fat. you may not lose weight. i've taken an inch off my waist for using this for eight months. >> i wish i had more time. you look great. i'm going to invite you back. thank you so much. congratulations and good luck to you. >> this is for the two of you. >> for my belly fat. >> you don't need it. >> belly fat for me. belly fat for ashleigh. we appreciate it. >> thank you. you are my favorite naval lieutenant commander. ai adore you. after montel it's hard to beat that one but we've got gas prices for you. while you slept, up again. we'll tell you what and how and why. is there anything we can do? you're watching "early start." matt's brakes didn't sound right... ...so i brought my car to mike at meineke... ...we inspected his brakes for free. free is good. free is very good. my money. my choice. my meineke. officially, that is the end of our week and the end of the "early start." >> "starting point" with soledad o'brien is next. good morning. >> hey, dladies. we're just getting under way. our "starting point" this morning is a look at the backlash over the koran burning. new protests are erupting right now. hundreds of people have sus surrounded the u.s. embassy. also, gas prices heting home. one of the few things that can make absolutely everything more expen expensive. the president saying i feel your pain at the pump but also saying, and i'm not responsible for it. plus, the former senator russ feingold is going to join us. he voted against the patriot act. he said he has a wake-up call for what a post- 9/11 america needs. his new book is called "while america sleeps." lawmaker we spoke about yesterday, the one who called the girl scouts a bunch of coun

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