inordinate amount of time. the defense has said all along, he isn't lucid, your honor, to stand trial. we have to continue the battery of tests. and even when it was determined he was lucid to stand trial, testimony through the course of the trial, the marshals say, well, he was lucid at that point in time, but as soon as he was in the back room outside the presence of the jury, he sits down, he took a nap, he'd put ear plugs in his ears, he was acting very sane outside of the courtroom and putting on an act inside the courtroom. megyn: mercedes, you've tried a lot of cases, and juries don't tend to like insanity defenses. >> i think you're exactly right, megyn. they are very uncomfortable with it because in the final analysis what you're saying to the jury is, yes, it's a horrible crime that they've committed, but they didn't really know it was wrong. and some of these, especially this case, it's such a shocking case, and there's no way that this jury's going to >> this is an excellent point. i think the prosecution will prevail for the following reasons. the fact that he really tried to hide her, and that -- if that delusion was at the point of the kidnapping it would have continued during the course of arrest captivity. if there were all these wives he was supposed to kidnap why didn't he? he had a full nine months to acquire more and more people. megyn: the other question is why would he give a falls name when he was arrested if he didn't know what he was doing was wrong. that is the standard that the prosecution has to prove that he knew what he was doing was wrong. the defense is trying to prove that he did not know what he was doing. why did he give a false name when arrested by the police. >> reporter: that's correct. they had some of the issues that came up and tried to defeat it. to say this was delusional and a god message i think is offending to many people who will probably sit on that jury as well. megyn: we are being told he is the courtroom. this is how it goes. the judge, the parties, the lawyers, as you know, mercedes they'll bring in the verdict. we are told he's in the courtroom and singing again. what is it with the singing. for those of you have have not been following the trial, what is it with the singing. >> reporter: he wants to be as disruptive as possible. if i was the defense team i would have played it up a little bit. obviously this is part of their whole defense. he's not going to sit here and look like a decent human being, he's going to look like a crazy man an is one. the jury will evaluate all the facts. elizabeth smart detailed the horrors of what happened to her during the captivity. it was incredibly compelling for all the individuals in that courtroom. i can't imagine that the jury is going to throw up their hands and say he was too crazy, it couldn't have happened the way that the prosecution wants us to believe. we will find in favor of the defense. megyn: i want to stand you by, alicia ac u.n. a has been following this on the scene. set the scene for us now as you know it. what is happening inside the courtroom. >> reporter: right now the jury has gone into the courtroom, megyn. we know that the judge was in there, brian david mitchell was in there at one point singing. at this point i'm not aware of whether or not he has been kicked out as judge dale kim balance has been doing every time throughout the trial. every time he sings he gets kicked out. count one okay i'm going to stand by for a second, they are coming up with count one and the jury is announcing the verdict. count one is the kidnapping charge, the taking of elizabeth smart in 2002 by knife point. guilty on count one. brian david mitchell, 57-year-old selfproclaimed prove it guilty on count one for kidnapping elizabeth smart. count 2 the transportation of elizabeth smart. guilty on count 2 transportation of elizabeth smart across state lines. guilty on both counts, megyn, that means that the judge now will have the option of sending brian david mitchell to federal prison for life. elizabeth smart's family has said they will speak some time after the verdict and some time after the jurors have had their chance to speak to the media, if they do in fact choose to do so. what we do not know at this point is if we will be hearing from elizabeth smart again today. we do know the family will speak. it's up to here and according to chris thomas the family spokesperson she may decide to come out and talk to the cameras so we can all hear from her on this verdict. megyn: this jury was faced with a question of trying to believe one medical expert who took the stand and said he's a pair annoyed schizophrenia who cannot be held responsible for his decisions and another medical expert saying he is a narc ii st, he is a pedophile and needs to be stopped. tell us the make up the jury that decided that the prosecution's expert had it right. >> reporter: the make up of the jury was seven men and five women. more than half of the members of the jury were members of the church of latter days saints. some are inactive, some are active. this is important because the prosecution was trying to make the point that brian david mitchell used the more money faith and twisted it and used it to manipulate those around him including his estranged wife and coheart wanda barzee who is serving a 15-year prison sense, and including elizabeth smart. the jurors were well versed in the faith and brain david mitchell says he was speaking through jesus, sometimes he says he was jesus. whether or not it was a point that the jury took into consideration we will not know until they decide to speak. megyn: we'll be waiting for that and the smart family as well to come out and react to the verdict as we stand alicia by for further news. i'm joined by arthur idaalla. in the end they didn't buy it. juries don't liken sanity defenses. he looked insane, acted insane, his behavior was insane that doesn't mean he's legally insane and not responsible for these crimes. >> reporter: these defenses very rarely work. he was good. he was like mansoneske. megyn: you could argue he deserved an academy award. >> reporter: maybe he does, maybe he doesn't. the relief for the judicial system for this. megyn: if you go to the psychiatric word and convince him you're no longer in sane you get out a lot quicker. >> reporter: it depends what state you're in. i believe the heinous nature of this crime and the powerful testimony by the victim, i don't -- obviously the jury did not deliberate for a very longtime. megyn: let me ask you -- five hours. i feel the nation knows elizabeth smart now. she is 24 years old now. she went through this when she was 14, grabbed out of bed in the middle of the night forced in her red silk pajamas on this mountaintop and subjected to horrors we are not going to go through here and he treated her as his celestial wife. i'm sure the jury believed every word she said. it didn't necessarily undermine his defense, did it? yes, but i was insane. yes but i believed i had the right to do all that because god told me too to. >> reporter: it doesn't undermine it when you put it into a comb pursuiter and a computer is figuring out. when you have human beings with hearts and souls who want to do what is right. when you have such a sympathetic person like elizabeth smart and heinous crimes committed on her. we have the best judicial system, but it's far from perfect. sometimes jurors take the law into their own hands and they do what they think justice dictates. here, obviously that's what they did. megyn: is it possible for this guy to be a paranoid sits friend i can as the medical expert testified and still be guilty of this crime and legally culpable and know right from wrong and be guilty in the eyes of the law. >> reporter: does he know right from wrong? it's the simplest way. if he had a gun is he pulling the gun and he thinks it's a banana and it's not hurting anyone and it's really a gun. that is the exa ample. the jury felt, hey, he new what he was doing. he knew right from wrong. the jurors are going to speak. megyn: are they allowed to speak in utah, some states they are not allowed to speak. >> reporter: some judges let them. megyn: if is federal court. >> reporter: they'll be allowed to speak. megyn: wanda barzee is going to prison for 15 years. >> reporter: in my opinion that is very light. megyn: she wound up being a witness for the defense, the defense called her, and she talked about, you know, miss commitment to god and all that. i mean how does that happen? >> reporter: well, she may have -- sometimes prosecutors offices cut deals because they need help not necessarily in the courtroom, but outside the courtroom when they are piecing the case together. she obviously had some value to them. actually she must have had a lot of value to them, because 15 years, it's -- that's very light for what happened here. megyn: for kidnapping and keeping a little girl for nine months. >> reporter: she must have had something that they needed for wanted or they thought they were going to need or thought they wanted. it is very unusual that then she testifies for the defense, that is out of the world. megyn: we had two counts, kidnapping and transportation across state khraoeupbs. why did they avoid the sexual assault charges, what happened? >> reporter: again cases of prosecuted very differently in federal court than in state court. if this was only in state court you would be hearing about all the rape charges, et cetera, et cetera, the way our system is composed, those are charges that really should be handled in the state system but federal jurisdiction comes in and says, no, our sentencing guidelines are even more strict about the kidnapping overstate lines. let us handle it, the rules of evidence are much more favorable to the prosecution in the federal system. megyn: it's not like they wanted to spare elizabeth smart that piece of the trial, she testified about what happened. we are not going to get into it here, who cares. it's not we don't care, we don't care about the details is what i'm trying to say. she wasn't spared that agony. you say it was a charging matter in terms of where best to prosecute the case. >> reporter: those kinds of charges are in the state court they don't exist actually. megyn: we heard her say she he could be facing life in prison. how likely is that. >> reporter: i think it would be pretty likely. if the judge doesn't say life he'll put some crazy number, 75 years, 95 years. clearly this man should not be out in society. megyn: you used to be a prosecutor, now you're on the defense side. do you feel like justice is done. >> reporter: from the evidence i read about and heard about in the courtroom it does. you know who i feel bad about, megyn is the criminal defense attorneys. they get assigned this case. the judge calls them and says, hey, arthur, good morning i need you to come in and you have to represent this guy. that is a tough position to be in. megyn: they play a critical, critical role in the criminal justice system and they are to be applauded for the role they play. it doesn't mean they like their client, trust us, or believe in their client. their job is to continue to challenge the state to prove its case beyond a reasonable doubt which protects all of us. >> reporter: the judges usually appoint the best lawyers they can to these courses. they don't want an appeal five years ago saying the defense attorneys didn't know what they were doing, we have to do the trial again. megyn: as long as they play along with the rules they are to be lauded. we expect the families -- the family i should say of elizabeth smart to speak. we've got even to know them over the years. who could forget that moment all those years ago when it was announced after nine months of elizabeth smart missing she had been found alive. here we are today, it is judgment day for the man who kidnapped her and repeatedly raped her, and then tried to deny any responsibility for it. it is judgment day for him. he has been found guilty by a jury of kidnapping and of transporting elizabeth smart across state lines, and now we await reaction from the family and an explanation perhaps, we hope from the jurors. as soon as they come out from the microphones you'll see it here live, you won't miss it. in the meantime we'll bring you some other news. including this, fox news alert on the tax cut battle. we are now hearing that major companies are already getting ready to make -- sorry to take more money out of the paychecks of millions of americans. private industry groups now saying that companies have to start recalculating paychecks now, in case this bill does not pass before the first of the year. we don't know whether it's going to pass at all right now. we are also hearing that some liberal democrats in the house are insisting on major changes to this plan, something the president has said cannot happen, something mitch mcconnell the gop leader in the senate has said will not happen. mike emanuel live at the white house today. mike, what is the latest from the white house on this compromise and on these demands that the deal that's been cut be changed to satisfy the democrats? >> reporter: it's been an interesting softening of tone, megyn from wed when vice president biden told house democrats, this is the deal take-it-or-leave-it. now there is the suggestion there could be a little fine-tuning. here is the president on npr. >> my senses is that there will be discussions between both house and senate leadership about all the final elements of the package. we didn't actually write a bill, we put forward a framework. i'm confident that the framework will look like the one we put forward. >> reporter: the white house position remains if you make a lot of major changes to the deal i will falls apart. there are aspects the republicans don't like, aspects the democrats don't like, if you do too much fine-tuning it could all play apart. megyn: as the politics of this play out there is still a lot of uncertainty. >> reporter: that's right. the payroll people in businesses all over the country have to be extremely anxious as to what the paycheck for 2011 will look like. we heard anxiety from the irs as the congress has not worked out some of the tax issues. they talked about potential day os as people file because aspects like the amt need to be patched. there is a lot of anxiety as people wait to figure out, in terms of processing, and also what your paycheck is going to look like in the new year are, megyn. megyn: thank you. the backlash the president is facing now from his own party teams to be getting worse. in fact one democratic lawmaker went so far as to mutter the f-bomb, and the president's name in the very same sentence. alan colmes has some thoughts on that, he's host of the alan colmes show. >> that guy is learning how to talk from dick cheney. megyn: it's not unusual. >> apparently it gets tossed around every so often. megyn: people get upset. it's strange to hear it from their own party. there was one guy that said f.-the president. another guy came out and said we can't trust this. another guy said this isn't the d.r.e.a.m. act. >> it makes conservatives happen here to dived and conquer and see democrats going at each other. they are standing in the way of everything else including 9/11 workers. megyn: you're off point. >> what point do you want me to make. megyn: you kreu describe yourself as a liberal. >> i'm a proud liberal democrat. megyn: your people are divided. >> i feel the president has done the right thing. i am spiritually and my heart is with the progressives who really want a perfect world and ideologically pure but you also take what you can get. i think this president has done this so long, he did this with healthcare he angered the left when he no longer had a public option, he's angering them now clearly. he's got to get this done before the 1st of the year when the house is taken over by republicans. i believe he's done the right thing and shown leadership, he knows he's getting incoming from both sides. conservatives never liked him, liberals are upset with him. megyn: he spent the first year of his presidency aeu lee even g independents. >> you can't worry about who you're going to alienate, and everything a calculation, and everything stick a finger in and take a poll. he's got even a number of things done. he will have a series of accomplish -pblts. i believe this deal will happen. it's going to be a little adjusting here and there. megyn: in talking to some of the democrats they seem really ticked off they weren't in the loop. they wanted to be consulted. he struck a deal with the enemy. he didn't loop them in. when this news broke that there was a deal. our producers on capitol hill the reaction from the top democrats saying what deal, what? we don't know anything about it. >> i'm sure our fox correspondents in d.c. have a better idea moment to moment how it's done. you have republicans saying he didn't meet with mcconnell enough or didn't meet with this person. megyn: could this have been going more smoothly for the american people if it had been handled more gingerly. i'm going to play this sand bite. lindsey graham sat down with greta, not surprisingly, he's a republican but he's a moderate. >> on some things. megyn: he had criticism of how the president handled this whole thing. >> before he came here he's never had a history of sitting down and solving hard problems. he doesn't have a deep resume. when he was in the senate he never did anything big. he's never had hard-headed republicans and democrats to deal with before, and quite frankly there is some political immature showing here. he has never done the big, hard things before he got to be president. he came into the job probably the least prepared of anybody in a longtime and it shows. >> either you don't have enough of a resume or you're too much of a player inside washington so you can't have it both ways. the fact that he doesn't have that kind of resume may be good for him. the end result is it's a deal that we should of and hopefully democrats will come on board and realize it's the best we can do. megyn: thank you. coming up next frank l u.n. tz with a very interesting focus group. [ male announcer ] when you eat kashi golean, you don't get 100% daily value of any vitamins. unless you do this. but total is the cereal that gives you 100% daily value of 11 essential vitamins and minerals and crunchy oat clusters. total. are you getting 100%? another heart attack could be lurking, waiting to strike. a heart attack that's caused by a clot, one that could be fatal. but plavix helps save lives. plavix, taken with other heart medicines, goes beyond what other heart medicines do alone, to provide greater protection against heart attack or stroke and even death by helping to keep blood platelets from sticking together and forming dangerous clots. ask your doctor if plavix is right for you. protection that helps save lives. certain genetic factors and some medicines, such as prilosec, reduce the effect of plavix leaving you at greater risk for heart attack and stroke. your doctor may use genetic tests to determine treatment. don't stop taking plavix without talking to your doctor as your risk of heart attack or stroke may increase. people with stomach ulcers or conditions that cause bleeding should not use plavix. taking plavix alone or with some other medicines, including aspirin, may increase bleeding risk, so tell your doctor when planning surgery. tell your doctor all medicines you take, including aspirin, especially if you've had a stroke. if fever, unexplained weakness or confusion develops, tell your doctor promptly. these may be signs of ttp, a rare but potentially life-threatening condition, reported sometimes less than 2 weeks after starting plavix. other rare but serious side effects may occur. megyn: fox news weather alert for you right now. a wicked winter form is shaping up for the weekend. in the midwest a blizzard is brewing. watches are going up for parts of iowa, minnesota. from new england to florida the coldest air of the season is about to settle in. meteorologist janice dean has a sweater on live in the fox extreme weather center, hi, j.d. >> reporter: you thought it was cold last week, you wait. we have our own insulation to help us out here. megyn: our own mini ovens. >> reporter: that's right and when i go like this i block most of the south, i'm sorry, i apologize. let's take a look at our future radar. yes we do have a storm brewing and it is going to affect areas across the upper midwest in terms of snow as we move further south. this is going to be a rain event. we could see the potential for severe weather as well along the gulf coast states. there is our future radar as we head into saturday afternoon, there is the snow anywhere from 3 to 6 inches a wide swath the there. more snow coming up at eerie and ontario. extreme temperatures will be set in parts of florida, even colder next week. there is your precipitation accumulation. the bull's-eye really across portions of minnesota, in towards wisconsin and iowa. that's where we have our blizzard warnings and watches in effect as the storm makes its way eastward, we'll see blowing snow, windchills down below zero, even minus 12, minus 20-degree temperatures for the upper midwest as we head into the weekend. eventually this will move to the northeast. we will fine tune the forecast and bring you the very latest. megyn, unbelievably cold air next week. megyn: a little tease to our 2:30 segment with our power panel. as expectant mothers breast feeding is breast everybody knows that. how about breast feeding when your child is six years old. >> reporter: huh -- huh -- no comment. megyn: tune in at 2:30 to see the pictures. >> reporter: pictures? megyn: and hear a fair & balanced debate. take that. >> reporter: oh, me could talk about this all day long. megyn: see you j.d. upper breath side is an actual store. if you ask for a cover up foe call it a hooter cover up and send you out the door. we are waiting to hear from elizabeth smart's family. after they have successfully obtained a guilty verdict for the man who kidnapped their daughter. we are hoping to hear from the jurors. you will miss none of that. the u.s. navy conducting a new test of a weapon right out of science fiction. we'll show you a new gun that can hit a bull's-eye from a hundred miles away. the strangest disappearance we have seen in a longtime. when a mystery outside of chicago. in three minutes we will show you what is now going on in the search for tanya shannon after she apparently wandered away from the car crash that killed her husband and seems to have vanished without a trace. >> i don't know what happened. it appears that mrs. shannon was able to exit the vehicle at some point in time, get out, walk up to the road, and then we don't know, if she was picked up, if she walked down the road one way or the other, walked out into the field. those are all good questions. [ sneezes ] you're up next. yeah. aww...that oj needs alka-seltzer plus. fast powder packs are a taste-free fizz-free way to transform your drink into a powerl cold fighter! there's a cold front moving in, but relief is on the way. into a powerl cold fighter! ♪ [ female announcer ] the cleaner the counter, the smoother the counter. with bounty you can be confident you'll get your counter clean. in this lab test, one sheet of bounty leaves this surface 3x cleaner than the bargain brand. ♪ big mess? bring it. super absorbent, super durable, super clean. bounty. the clean picker upper. and for huge value, try bounty huge roll. john: yea, well, there you go. beth: yea, so what else is new? john: well, i just changed my medicare plan. beth: open enrollment? john: yup. i compared plans and found better coverage for me. beth: of course you noticed the new benefits we get under the new healthcare law. john: what? beth: well, like 50 percent off brand name prescription drugs for people who are in the donut hole. john: really? i didn't know that. beth: you have to keep up. john: come on. i'll keep up. anncr: it's open enrollment. time to compare and review plans at medicare.gov or call 1-800-medicare. megyn: fox news alert, we are awaiting the family right now, the smart family any moment from now we expect them to come out and speak at the microphones on this guilty verdict now in the case of the man now found guilty of kidnapping elizabeth smart. as soon as we hear fro from,ed,s smart or elizabeth we will go right there. tanya shannon vanishing seemingly into thin air, leaving behind nothing but a trail of footsteps in the snow. her husband dead from a broken neck inside of their car which crashed. police have now suspended the search because of the freezing temperatures outside of chicago but they have not given up on this case. rick folbaum is live in our newsroom, rick this is such a mystery. they saw the footprints in the snow leading away from the car but they have yet to find tanya shannon. >> reporter: it's true. it's a sad story. the search suspended. it hasn't turned up anything new that might help the police find out what happened to tanya. they know the 40-year-old waubd away from the scene of the car crash, but where she went, if she survived is a mystery. one minute the couple is at a company christmas party. people who saw them there say they looked happy, they were in love, tanya was wearing a knockout gown that everybody was commenting on. after the party they got in their car and apparently got into a horrible one-car accident. dale as you said, found behind the wheel dead of a broken neck. footprints in the snow lead police to know that tanya was able to get out of the car, that's all they got. no more footprints. they found a slipper, not a lot of information from her cellphone which had been giving ofp off a ping or two which has since stopped. shannon's four daughters, raging from 4 to 15, their community in illinois are coming together trying to raise money for the kids, there are collection jobs at local taverns and banks. they are hoping for the best, megyn but right now it doesn't look good. megyn: all right, rick, thank you. we've heard all the back and forth and political posturing in washington over the tax cuts. have we? there is probably more to come. we've heard a lot of it already. when it comes right down to it there is one argument to pass the tax cut deal that is resonating with americans. frank luntz knows what it is he's a pollster and a political consultant. he has not just been reading the tea leaves but distributing the tea leaves and giving us feedback from people on both sides of the aisle and how they feel about this deal. >> reporter: they are loud. i've never seen how loud they can get. i'm a professional, i'm usually pretty good at what i do. i can't control them any more. people are so emotional. >> over the taxes or over the politics in our country. >> reporter: it's the politics. the left is angry at him for doing it and those on the right don't trust him. there is one republican that cuts through all the clutter and it's senator jon kyl from arizona, the senate republican whip, the number two person in the senate. in all the testing that we've done over the last few weeks over this tax issue his language is the most unifying, most supportive. megyn: really? we have a tape, a segment of that right now. let's take a look. >> why was it so important, why is it so important to republicans to extend the tax cuts for the upper income people? >> first of all there is a gallop poll a week ago that has 80% of americans say, don't increase taxes. i think the point is this especially in an economic downturn like we are in now, but i would say at any time, it's not a good idea to raise people's taxes. the key here is to put people back to work, to get economic growth going again. we are never going to get out of the deficit that we have unless we have economic growth in this country. that will produce wealth, the government taxes that wealth and so it's good for the country and good for the government. and that means that we have to have jobs created. many of the jobs that are created are created by people who have money, and about 25% of all of the jobs in the country, for example, are created by small businesses. those small businesses would have been dramatically impacted by an increase in their taxes. so that is one of the reasons why. megyn: the green line is the democrats? look at it go up at the end there when he gets on the subject of who creates jobs. >> reporter: that's exactly the point. senator kyl has decided the strongest argument isn't that taxes or spending your own money it's about impact that it will have on the economy. for people who are unemployed or afraid to lose jobs you don't raise kabgsess now because it could cause people jobs. megyn: even folks who are middle class or working class believe in that. some of the polls suggest that while people favor the tax cuts in general they don't necessarily favor it for the rich. if you want to say, do you want a job giver toette get a tax break to create a job you'd say yes. but if you say do you want to tax the rich too you might say yes to that that. >> reporter: senator kyl focuses on the job business owner h. when he talked about the impact both in keeping taxes down versus what happens when you actually raise them republicans, than independents, democrats all agree this compromise is the best approach. megyn: you ran a focus group. i saw part of it on hanna tee. he saves the best stuff for us. these folks were out of control? >> reporter: that is the point that i lost control and i don't like to admit that. actually i don't -- no one has seen it until now but i saved it for you because it's almost embarrassing to me. megyn: oh, good, we like that. >> reporter: let's take a look at frank luntz being embarrassed by the american people. megyn: roll it. >> we are talking about extending for another period of time the rates that have been in existence for the last decade. secondly, those tax rates helped our economy and job production. megyn: that wasn't it. we cued up the wrong clip after all that drama. >> reporter: john kyl is so good we get to see a little bit more of him. megyn: sorry, guys this is like the blunders of -- what, tom you have it or you don't. no we don't have it. darn, you know what? we know frank well because he'll probably come back and show it to us. tell us what happened. >> reporter: there is a tax revolt that is coming and obama is talking about it. yesterday and today he's talking about the concept of reforming the income tax code, the american people are fed up. they send so much money to washington and get so little in return. megyn: what do you hear? everyone is fed up with taxes what we've seen lately is class warfare where the rich are being pitted against the work being classes and vice versa. what kind of feedback are you getting on that? do they believe the rich need to be hit, hit harder, we don't want to deal even if it helps us if it also helps the rich we don't want it. >> reporter: there is a small segment maybe 15% of america. there is another seg amount that doesn't want to compromise with barack obama at all about another 15%. the rest the 70% in the middle say we'll pay our taxes gladly if you stop wasting it, stop the earmarks and the programs that have no real value. what happened in this session is that there was no common ground. i've got 25 people, and everybody is yelling at each other and nobody is listening. and it actually is frightening, because how are you supposed to solve some of these problems in america when no one is paying attention. megyn: you could hear barack obama's frustration when he came out on tuesday in that presentser. he can't please anybody, it's getting it from all sides right now. >> reporter: with all due respect he's responsible for it. you don't compare the republicans to hostage takers. when you believe in principle and stand up for that principle you're not holding a bill hostage. megyn: there was an argument that he was speaking to his base, at the same time he's calling his base sang ta moan just and by os. got to go give you the last word. >> reporter: when you're the president of the united states you don't speak to your base you speak to the american people and using the word hostage was inappropriate. megyn: frank luntz i'm sore rewe didn't get to see the embarrassing moment. >> reporter: maybe weeks week. megyn: a former beauty queen now better known for her mugshot. in "kelly's court" today a verdict is now in for the woman who went from stealing hearts to a conviction for kidnapping, and up next, the battle of the bernies, it's goldberg versus sanders in a battle over the role of the rich in america, must-see tv three minutes away. >> there is a war going on. the middle class is instruments link for existence anstrugglinge taking on some of the wealthiest and powerful forces in the world whose greed has no end. and if we don't begin to stand together and start representing those families there will not be a middle class in this country. to stay fit, you might also want to try lifting one of these. a unique sea salt added to over 40 campbell's condensed soups. helps us reduce sodium, but not flavor. so do a few lifts. campbell's.® it's amazing what soup can do.™ everyone's eating tacos outside bill's office. [ chuckles ] you think that is some information i would have liked to know? i like tacos. you invited eric? i thought eric gave you the creeps. [ phone buzzes ] oh. [ chuckles ] yeah. hey. [ male announcer ] don't be left behind. get it first with at&t. the nation's fastest mobile broadband network. period. rethink possible. megyn: a leading senate liberal waging war against president obama's tax cut proposal. bernie sanders saying he will do whatever it takes to block this bill if the tax cuts are extended for the richest americans. that he can owes comments he made a few days ago where on the senate floor sanders demon niced the wealthy in the following comments. >> the reality is that many of the nation's billionaires are on the war path. they want more, more, more. their greed has no end, and apparently there is very little concern for our country, or for the people of this country if it gets in the way of the accumulation of more and more wealth and more and more power. megyn: my next guest has a different view. he says we should actually be thanking god for rich people and thanking the rich people as well. bernie goldberg is a fox news media analyst, you can check him out at bernard goldberg.com as well. bernie it's a battle of the bernies. bernie sanders you heard him say it explicitly, billionaires are waging war against the working class. their greed has no end and he uses this tax deal as evidence of it. >> i would expect nothing less than an avowd socialist. there are many others who behave like socialist. here is the thing. i suggest that we build a big bronze and granite monument, a statue to honor some truly american heros, u.n. s u.n. g american heros, and those heroes, this is where the drum roll would usually come in, are the rich. imagine america without rich people. they pay for a lot of things that are good, they pay for poor people who can't afford to buy food, and medicine and sending other kids to college. i know statistics can be dry but these aren't. the top 1% of all wage easterners pay almost 40% of all our federal income tax. the top 5% pay 60%. and the top ten percent pay 70%. i'm not saying that these people are selfless phra lan tra p*euss. they don't need to be fill a tpaoeud by people like bernie sanders and a whole lot of other liberal democrats in congress. megyn: they point to wall street repeatedly and point to people like bob ruben from citibank who got 115 million bucks. we all know what happened with it. they point to how wall street is giving out record bonuses and hiring tons of new people while the middle class is struggling and those are the rich they think of when they want to tax and punish and not thank. >> i'm not defending anybody who is crooked or anybody who sent this economy into a tailspin. what i am saying though is that there are a lot of people out there who worked hard for their money. maybe they are the first generation in their family who became rich. and maybe they are not making a million or a billion dollars but something over $250,000. these people deserve our gratitude. i mean -- by the way the bottom 50% of taxpayers pay a pault tree 2.7% of all the federal income tax. how many of those people, how many of those people do you think are helping the poor in this country? it's the rich who are disproportionately paying taxes and disproportionately helping the poor. and by the way, i wrote about this on my website, bernard goldberg.com and also on aol. i can't believe it, megyn, but this may be, of all the books i've written, of all the times i've been on television talking about all sorts of things, this may be the most controversial thing i've ever written. half the emails want to turn me into a saint and the other half want to shoot me. i could come on television and speak for ten minutes about how wonderful poor people are and not one person in america would criticize me. but what does it tell you about the mentality out there of some people that if you say something good about rich people, if you simply say they deserve our gratitude because of what they do, you become -- somehow you become a villian: megyn: the odds are that you're employed by a rich person or someone in your family is employed by a rich person. while there are some that do bad things on wall street they are not all bad. i've got to run. it's called show some gratitude to the rich, it is worth the read. bernie thanks so much. one family has learned an expensive lesson about some of the free downloaded games available to your kids. in three minutes the one story you have to see before you hand the phone over to your little ones. and it looks like something straight out of a video game, but up next see how the navy is about to make history with a weapon like nothing else on the battle field. [ woman ] alright, so this tylenol 8 hour lasts 8 hours. but aleve can last 12 hours. and aleve was proven to work better on pain than tylenol 8 hour. so why am i still thinking about this? how are you? good, how are you? [ male announcer ] aleve. proven better on pain. megyn: what you just saw there is something called a railgun. the u.s. navy conducted an historic test of this powerful new weapon. they say it can hit a target more than one hundred miles away in just moments. we've got even emails from viewers saying you must have misspoken. no that is what they are saying us, from one hundred miles away. engineers testing the railgun setting a world record. it sends a nonexplosive bullet at several times the speed of sound. if you want to read more about it, test out these facts, you can do it over at our website foxnews.com. a warning for you now for parents who have smart phones and kids who love the games that come with them. a new game, the smurfs' village, sounds innocent, has become one of of the most popular aps you can download. the download is free, that's at least what a lot of parents thought. rick folbaum has information on that. as a father of young ones yourselves. >> reporter: four young ones. chances are about a hundred percent your kid has nagged you to play with that iphone. there are a lot of free iphone games made just for kids and just for their parents who want their kids to stop whining. here is the problem. some of the games can end up costing mom and dad a lot of cash. the download is free, but while little dill kwropb is playing the game while mom here and daddy is changing the kids diapers, he will be able to load up on smurfberries. next thing you know mom and dad credit card has been charged 59.99 per wheel barrow. these are called in app purchases. apple introduced them last year. the company says parents can change the settings on the iphone, but the company is also refunding the money for kids who bought too many smurfberries. before. megyn: before i let you go, i thought you had two girls. >> reporter: i had two girls, now i have twins, a boy and a girl. megyn: there is a new security scare in our skies. how on earth did the faa lose key information on who owns and operates one-third of the nation's private and commercial planes. plus a u.s. teen is in custody arrested in mexico accused of being a hired hitman for one of the most notorious drug cartels. his mother is behind bars as well, and wait until you hear why. r such heavy measures with olay. new regenerist micro-sculpting serum for firmer skin in 5 days. pretty heavy lifting for such a lightweight. 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[ female announcer ] yopit's real fruit and the goodness of dairy gives you a little slice of happy. and happiness comes in 25 delicious flavors. yoplait. it is so good. a body at rest tends to stay at rest... while a body in motion tends to stay in motion. staying active can actually ease arthritis symptoms. but if you have arthritis, staying active can be difficult. prescription celebrex can help relieve arthritis pain so your body can stay in motion. because just one 200mg celebrex a day can provide 24 hour relief for many with arthritis pain and inflammation. plus, in clinical studies, celebrex is proven to improve daily physical function so moving is easier. and celebrex is not a narcotic. when it comes to relieving your arthrit pain, you and your doctor need to balance theenefits with the risks. all prescription nsaids, including celebrex, may increase the chance of heart attack or stroke, which can lead to death. this chance increases if you have heart disease or risk factors such as high blood pressure or when nsaids are taken for long periods. nsaids, including celebrex, increase the chance of serious skin or allergic reactions or stomach and intestine problems, such as bleeding and ulcers, which can occur without warning and may cause death. patients also taking aspirin and the elderly are at increased risk for stomach eeding and ulcers. do not take celebrex if you've had an asthma attack, hives, or other allergies to aspirin, nsaids or sulfonamides. get help right away if you have swelling of the face or throat, or trouble breathing. tell your doctor about your medical history and find an arthritis treatment that works for you. ask your doctor about celebrex. and, go to celebrex.com to learn more about how you can move toward relief. celebrex. for a body in motion. megyn: a fox news alert on the guilty verdict handed down in the elizabeth smart kidnapping we are expecting to hear from the smart family any moment now on this guilty verdict. a jury in just the last hour returning a guilty verdict for brian david mitchell. he had been push for an insanity finding. he did not get it. jury finding him guilty on both available counts brought to them. that he kidnapped her and transported her across state lines. that means life in prison is possible for brian david mitchell. we await reaction from the smart family including perhaps elizabeth smart. we have new information on a gaping hole in airline security. the federal aviation administration admitting it doesn't know who owns a third of all private and commercial planes in the united states. 119,000 aircraft. rick leventhal is live at teterboro airport. here we are going on 10 years since 9/11 and they are saying one-third of the aircraft they don't know who owns it? >> reporter: there are 357,000 private and commercial aircraft in the u.s. and the faa revealed today up to a third of those aircraft have questionable registration. they don't know for 100% certainty who owns that aircraft. this can include small planes, private jets, car go planes. under the old rules, you registered a plane when you bought it but you didn't have to re-register unless you sold the plane or scrapped it or the owner moved or died and that was voluntary. so thousands of owners apparently didn't upgrade their paperwork. the faa admits up to 132,000 aircraft are questionable. they don't know for sure who owns them. now their instituting a new plan where every owner has to register their plane and re-register it every three years. security experts we spoke with are shocked. they say this is basic information, the faa should have been compiling. any time you look at any plane you should be able to look at the tail number and know who owns it. they can look at the tag number and identify within seconds hot owner of a vehicle is. but why not planes which are a popular target for terrorists? >> i'm very prize the at this time close to 10 years after 9/11 we are in a situation where we have literally hundreds of thousands of aircraft that could be unregistered. i'm also concerned that the size of the government has grown, we haven't been putting efforts into areas such as this. >> reporter: this plan will cost $30 million. but the government will lose money on it. the cost to register a plane hasn't gown in 40 years. it's $5 for a plane. megyn: still a decent deal for a plane owner. how does the situation get to this point? decade of using a flawed system. until now owners only had to register their aircraft at the time of purchase. the faa would send out notices every three years asking them to update their contact info, about it was voluntary. there was no punishment for failing to comply. more than a third of all owners ignored the request. in many cases the feds cannot say who owns a particular plane or whether that plane is still in the air. a battle playing out in mexico's raging drug war. federal police locked in a 24-hour gun battle with cartel gunmen. gunmen blocked all five roads leading into the town. and used burning vehicles as barricades. when it was all over five people were killed including a top cartel leader, an 8-month-old baby and two police officers. also in mexico we are learning about this alleged 14-year-old cartel hitman. his nick name is el ponchise. 14 years old. and he happens to be an american citizen. casey? >> reporter: a teenager hitman, that many something you don't hear in the news every day. now the u.s. state department is confirming that teen is a u.s. citizen because he was born in the united states. even though his mother is a suspected illegal immigrant. and she was just arrested on those charges down in the san diego area wednesday. we'll get right to the video and bring you up to speed. edgar jimenez was captured last week by the mexican army at an airport. an hour south of mexico city. officials say he was trying to board a plane to tijuana so he could cross over into the united states to hide out with his mother. tijuana and san diego are just across the border from each other. his sister was with him at the time and she, too is a u.s. citizen. he admitted to authorities he was responsible for at least four executions and he proceeded to give gruesome details about those killings. the fact that he decapitated the victims. he claim the cartel leaders he was working for forced him to smoke marijuana and they would kill him if he did not carry out the deed. authorities say the siblings were potentially all working for julio padilla. his nickname is el negro other black one. megyn: mexican officials are getting backlash from child advocacy groups? >> reporter: the authorities put him on a perp walk and allowed journalists to talk to him and that what's you are seeing the video of this suspect being paraded around. there are child advocacy groups in mexico saying that was not the right way to handle that. it's extremely dangerous and you put this child in even further danger. but this is just a story that's difficult to wrap your mind around with him being so young. megyn: you don't want to. casecasey, thank you so much. megyn: the federal deficit hit 150 billion. the total damage, the total debt as of today is $13,847 trillion. some lawmakers are hoping to fill that or solve that with the estate tax or death tax. next year the is expected to jump from zero to 5%. the death tax would have been zero%. now it will go up to 55 percent. we'll see. the backers say the tax only hurts the very wealthy. but is that true? our cheer washington correspondent jim angle is here. this is the tax anthony weiner is see upset about. >> reporter: that's the tax he was upset about. when we talk about the estate tax, the tax on inheritance, some people may think of extraordinarily wealthy families. but it has a disruptive effect on family farms and small businesses. small businesses which create 2/3 of the nation's jobs could be gutted by the estate tax because the tax is levied on all the assets of a business. >> these businesses aren't sitting on a pile of cash. to pay the tax they will have to sell those assets off. they may have to sell part of their business just to pay the tax. >> reporter: it can be worse for family farms for new equipment and land. but value of land fluctuates depending on development in the community leaving farmers extremely vulnerable. with equipment and land on paper it looks like they are wealthy, but they are not. listen. >> we don't have money in the bank. all your money is tied up in your business. when a family member dies the government wants estate taxes and they want that payment in cash. if you don't have the cash you have to sell part of your business. you have to sell your animals, you have to sell some of your land. >> reporter: president obama was proposing a 45% tax with a $3.5 million exemption. he agreed later with republicans on a level that they say would protect most of them. but many liberal house democrats wouldn't happy even with what the president was proposing. they have say the estate tax more than anything else made the bill a no-go for them. megyn: all right, jangle, thank you. if you missed that interview with congressman anthony weiner, it's posted on our web site at foxnews.com/americalive. the president's opposition seems to get more ferocious each day. what happens if this package does not pass. if the president fails to convince his own party to back the plan or allow a vote in the house. andy card on what could be a crippling blow for the white house. if looks could kill her exboyfriend would be dead. luckily he managed to escape her clutches after hours of being tortured. did she get away with just a slap on the wrist? they are infamous more staging protests at military funerals. now they are taking aim at elizabeth edwards. >edwards.view my regimen now. [ male announcer ] be sure to talk to your doctor before you begin an aspirin regimen. go see your doctor now. megyn: two burglars break into a home, one of them armed with a gun. the homeowner was waiting for them and he has his own gun. he installed the camera after several previous breakins. two of them in standoff. then the burglars run off. here comes the homeowner, look at him. that's him on screen right. fortunately no shots were fired. but the suspects did escape. detectives investigating what happened. so far no one is in custody but police have an idea who they are looking for. some democrats yesterday raised serious new objections to the president's tax deal. so what happened? if this thing fails to pass or perhaps doesn't get a vote on the house floor? andrew card is the former chief of staff under president bush. thank you for being here. there are questions about whether the house is going to vote on this and whether it's going to pass. my question to you is how damaging would it to be the president if either of those two things happened? >> well first of all it would be damage for our economy. taxes are scheduled to go up january 1 unless congress acts. so what the democrats are doing is jeopardizing the abit of our me to grow and for people to find employment and for jobs to be create. that's number one. in terms of the president, he put his credibility on the line. he stepped up to the plate and helped to find a way to govern, to find a solution. he worked out a compromise with republicans. i think the president should be working very, very hard to make sure the democrats follow through on the word that the president gave and we want that word to be good. megyn: it's been a bit of a role reversal. during the democrats' and president obama's generous agenda they spent a lot. now they are saying no more. look at deficit. many republicans say that's what the mid-term election was about. now we have the president striking a deal with the republicans that they say is going to cost $900 billion to extend the tax rates at the rate they are and provide unemployment benefits. it's the democrats that are balking about the debt. are either being ideologically inconsistent? >> the overhang of uncertainty with tax increases and regulatory burdens is a drag on our economy. so we have to get this tax situation described completely so the people can plan for next year which is only a few weeks away. the first thing for congress to do -- megyn: but the republicans. >> don't allow taxes to go up when our economy of is struggling to find its footing. megyn: according to jim demint, they say they could do that with the new congress. they didn't have to give on the unemployment benefits. they have to do some windmills and energy reforms. they had to lower the payroll taxes. the deal was struck to get president obama to sign off on it. the theory was if you wait until january you didn't have to give all that and probably the president would have extended everything without all those sweeteners. >> perfection is almost midwest result of a democracy. i want the people in congress to work for that which is perfectly good. i think the president worked for something that is perfectly good. republicans in congress helped them get there. it's up to congress to complete the deal on that which is perfectly good. let's get rid of the uncertainty. we don't want taxes to go up january 1. everyone paycheck would go down in real terms if these tax increases take effect on january 1. and right now the treasury department is going to have to make sure the irs sends out tax schedules for the first pay period of january. if they don't have better direction from congress the fox schedules will take more money away from american workers than put it in their pockets. never mind the fact that small businesses need certainty so they can decide whether they want to hire people. megyn: is there any chance nancy pelosi denies the president a vote on the house floor and is there any chance the democrats complain and object and ultimately get behind their president. megyn: i suspect nancy pelosi will find lots of reasons to complain but i hope she doesn't get in the wait of good governance. this is what when need, same policy passage in the house of representatives so the senate can do their work before the even of the year comes. i hope the speaker pelosi will not stand in the wait of what the president did in good faith. he didn't like everything that was tonight. but let's get the perfectly good on the books so we can have a growing economy starting in january. megyn: thanks so much, sir. speaking of andy card and the bush administration. there is a new fox special that gives you a front-row seat to the florida recount from the people who were there. >> bush said let's go, lets' get this done. he gets to the war memorial in nashville. gore said i'm going on stage. >> one of al gore's staffers said, mr. vice president, you can't do this. history was made and preempted and we didn't even not in split seconds that night. >> his entire life has been aimed at this office and now it appears to have slipped away from him. megyn: seems like yesterday. but it wasn't. don't miss fox news reporting, 36 days that decided the presidency. it airs sunday 9:00 p.m. eastern and -- saturday at 9:00 p.m. eastern and sunday at 2:00 p.m. eastern time. new developments in the search for a 12-year-old girl believed to be with the man suspected of murdering her mother. how police hope to get this child back safe and sound. plus the daily routine for this mother. she breast feeds her new baby and her 6-year-old son. is this gross or totally inappropriate. this dog is being called a hero. what nala did that's making national headlines. everyone has someone to go heart healthy for. who's your someone? campbell's healthy request can help. low cholesterol, zero grams trans fat, and a healthy level of sodium. it's amazing what soup can do. megyn: new developments now in an expanding search for. >> missing 12-year-old girl. she is believed to be traveling with a man suspected of murdering her mother. police are putting up billboards with brittany's picture across the state. >> reporter: those electronic billboards should start operating today in north carolina and tennessee and may expand to other states. the national center for mission and exploited children say they will show a picture of brittany mae smith. she believe she was abducted by her mother's live-in boyfriend. he may be driving a 2005 silver dodge neon. this past monday brittany's mother tina smith was found dead in her home. police say she was murdered. they have a warrant out for his arrest for the abduction of brittany. brittany's aunt made this appeal yesterday. >> i hope you do the right thing. and bring brit home. we would like to have her back home so we can say good-bye and make final funeral plans for her mom. >> reporter: here is the picture of the last confirmed sighting of easley and brittany. he was using tina smith's credit card to buy a blue tent and camping supplies. virginia police say they have gotten 650 tips on this case but they haven't been able to find easley or brittany. megyn: they stage hate-filled protests outside the funerals of our fallen soldiers. now this fringe religious group is targeting a new victim. we'll tell you how it is. she was a beaut irqueen, a law student and a sexy swimsuit model. today she is a convicted kidnapper. was it fair for a ballet critic to comment on the weight of this ballerina. does she look heavy to you? 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[ male announcer ] if you have gout, ask youroctor about uloric. megyn: 2:31 in the east. rush hour snow causing gridlock in cleveland. it was so bad even plows couldn't get through. the average life expectancy for people in the u.s. dropping by about a month. a baby born in 2008 can expect to live 77.8 years. a ship got caught with waves knock it around it is safely docked in argentina. that fringe religious group that calls itself the westboro baptist church. they say they will do the same thing at tomorrow's funeral for elizabeth edwards. she is the estranged wife of former presidential contender john edwards and she died of cancer earlier this week. our panel weighs in, andrea tantaros and regina lewis. these crazies from westboro are going to elizabeth edwards' funeral. the patriot riders won't be there because they protect military guys. it looks like they'll have their day to try to besmir much her memory -- to besmirch her memory. >> if you read the release there is some pretty foul language they use to describe the reason why they are going. the freedom of expression event -- this is the hardest to defend. it makes you question whether or not you have it in you to protect all kinds of free speech. these people are pond scum but i would fight for their right to say the things they do. megyn: once you shut this kind of speech down, the next thing you know you can't protest outside an abortion clinic. the law right now protects speech. >> the press release they put out -- they typically have a god has it and a derogatory name for gay men. they go after her because they claim she played god after the highest power revealed himself to her and her husband in taking her son's life. tried to play god by interfering with the womb by having two more children. >> if i'm john edward i go there and throw a few punches. he should make a scene. >> if i'm god i say don't drag me into this. >> according to rosie o'donnell, she weighed in on her radio show saying he is the one who may have been hurt most all given his behavior. listen to this. >> he's in his time of grief and believe me i think the person probably has suffered the most through all of this is him. and there are people who disagree and say it was her. she was the one who was publicly humiliated. i think he has to live with himself. megyn: he's the one who suffer the most? >> we analyze this topic how the media covered this death. conservatives, liberals, everybody eulogized her so fairly and accurately. she is the only person to make such a bizarre comment and view it so differently. megyn: i get her point that he is living with survivor guilt. but to say he is the one who suffered the most more than those children? >> i think she was gracious in the end the fact that she had him around. she didn't have to do that. she could have said, don't come within a 50 mile radius. >> it's interesting the backlash against her to some extent trier to her passing. people couldn't forgive her initially when she forgave his cheating. >> then there was the book tour. >> a lot of women forgive cheating. hillary clinton did it and she got back lashed, too. >> if you are not part of this family it's hard to understand what these people are going through. >> you are the mother, reserve judgment. megyn: this n times critic is take -- this "new york times" critic is taking flack because he criticized this ballerina for being too heavy. he says it looks as if she has eaten one sugar plum too many. criticizing jennifer ringer. you can see from her picture she is enormous. it's ridiculous. this guy is taking a lot of heat. with the black swan coming out. this ballerina has confessed to anorexia and bulimia. is it fair game for a ballet critic to mention weight gain in a ballerina? >> in a past life i was a ballet dancer with the boston ballet for 10 years. eating disorders are a huge problem for the ballet community. it isn't the fawflt one "new york times" dance critic who got cute with this couple it's endemic in the community. megyn: is it fair game for a critic to comment on the body of a dancer? >> he is not the problem. the problem is inside the institution with instructors and parents who lay this on vulnerable 12-year-old, 13-year-old girl. and don't teach them the healthy ways to maybe become -- megyn: you can have almost no weight on you, and because you are going to have a lirks staire of the "new york times" saying you had too many sugar plums. >> people who have been defending this say a ballet dancer, their body is critiqued, the way they perform. >> he didn't claim it interfered with her dancing. he also called the male dancer portly and nobody took issue. megyn: nobody cared if they call the guy a little heavy. in the meantime this woman is getting a lot of criticism. you may find it disturk. a woman across the pond who has chosen to breast feed her 6-year-old child. she started as a baby and she is continuing to point where he's 6. she says it's natural. she likes it. he likes it. the breast feeding advocates like the. >> that picture is really bugging me. i'm disturbed by it. for so many reasons. i think if you are old enough to ask for it you probably shouldn't have it. you are too old. a lot of doctors have said it's okay -- but emotionally it might be a problem. >> psychologists say this will create serious dependency issues for this child. and i really do think this child is -- it's a dangerous thing to do this. it's very strange. plus the judge from the outside. here is the thing. the woman isn't doing it because she thinks this is a bonding moment. she says i don't feel like getting out of bed. >> the hard-core lactivists, they say the many natural and even by having the discussion we are making people feel uncomfortable about the breast which is not a sexual organ but meant to feed. >> it's cold out. it's economic. she breast feeds her infant son at the same time and she calls it difficult it's difficult for a reason. if it's difficult -- megyn: you wean your babies. you start putting them in diapers. you have to instill independence in them. kristina applegate is pregnant, and expecting a baby in a couple months. she decided to do a pole dancing routine from this web site funny or die. she is pregnant in the video, but she is playing the character of a stripper who does pole dancing while pregnant. she is mocking it. but can pregnancy be sexy? anyone want to take that? she makes the case it can. >> the formula is to take a celebrity name and add it to pole dancing and put it on the internet. megyn: she said she got a lot of negative feedback. >> i think pregnant women are taking pictures of themselves naked. i am sure the husband or fiance thinks that's sexy. megyn is the only one -- do you want to weigh in on this? >> i think sexiness is a state of mind. i can tell you i feel no differently now in terms of my sex appeal in my relationship than i did when i wasn't pregnant. it's what you have got going on up here. no poles. i wouldn't know what to do if i got there. >> the better trick would be post natal pole dancing with the baby on an arm. >> your husband is somewhere ordering you a pole. megyn: i haven't been on the stair master in months. i could probably use it. she went to from beauty queen to queen of mean in a few short years. convicted of kidnapping and torturing her exboyfriend. but did the crime -- she did the crime, but did she get lucky on the time? male announcer: introducing the world's first 100% custom, invisible, digital, and fully programmable hearing aid, loaded with today's most advanced hearing technologies, including our new soisticated noise reduction system. this amazing new invisible hearing aid is custom made, allows you to talk comfortably on the phone, sounds natural. - the quality of sound is excellent, and yet they're, you know, the size of a thumbtack. announcer: to learn more, call: today. megyn: "kelly's court" is back in session. on the docket, not so hard time for a beauty queen turned fem fatale. kumari fulbright, once a miss arizona contestant. just a few years later she add this flattering snap shot to the spread. a mugshot after being arrested for and duct and torturing her boyfriend. fulbright was convicted of luring the noon her apartment. here she is in court talking to her lawyer. luring the noon her apartment where three thugs pummeled and repeatedly slashed him with a knife until he escaped. but the queen of mean only got two years behind bars and probation. is that fair? let's ask our panel. fox news panelist kimberly guilfoyle and former prosecutor jonna spilbor. she, kimberly, may have been a beauty queen once, but what she did inside of that room was not beautiful in any way. tell the jury, our viewers what she did. >> this woman was cunning and. she had one boyfriend who bought her jewelry. they broke up. she got a new boyfriend joshua conway. she breaks up with him and goes back to the original guy. and he said where is the jewelry. he said he stole it. joshua conway stole it. she puts together this plan to lure him to the apartment where he is kidnapped, held against his will, tortured with a knife, he could have been murdered. and she deliberately is the one who set sit up and participated in the whole thing and all she got was two years and probation. megyn: this isn't just like a kidnapping where you held somebody for 30 seconds again their will in a bathroom then you opened the door. this guy was kidnapped, tied up, she put a knife-his ear among other things. then she showed no remorse. she testified that she believes that stealing from a woman would be worse than stealing from a man. and she said, she should have cut it you know what off. >> wow! maybe two years isn't enough. but here is what she did. she gore why ited the two years prison time ahead of time. what she didn't understand was that she was also going to get six years of probation or parole on the back end. listen, parole, probation is not a walk in the park. she is going to be severely limited for the next eight years of her life. i think -- i think we go easy on pretty people. i'm going to say the. that got to be part of the reason why she is not doing harder time. >> i think it many a double standard. this is an unconscionable plea agreement. she is going to be aloud -- no remorse, is a liar, took the stand, didn't tell the truth like she was supposed to. and she still enforced it. this is a woman who i think has a high likelihood to ri likeliho re-offend. this is a woman who has no problem dong this when she gets out. she is able to move to florida. don't commit another crime. how rigorous and tough is that to do unless you are a heinous criminal? megyn: she is quote as saying i'm a stone scold "b" word with ice water in my veins. >> after he side from her looks is i thiltoers involved and her pointing the finger at the new boyfriend -- we don't know what kind of time he's going to get -- he's getting sentenced next week. hopefully he will do what's just. but i think that part of the reason why she did get some leniency in this case. kimberly guilfoyle she cooperate and testified against him. you are supposed to testify truthfully and she did not. megyn: what she did was get up on the stand and tried to make excuses for him. she tries to make it sound better for the boyfriend. >> and tell him what to testify to. and coach him in his testimony, are you kidding me? megyn: why doesn't the judge say forget it. >> the judge has the ability to reject the plea agreement that's put together with the prosecutor and defense attorney. so he also bears some of the responsibility. megyn: i'm thinking two years in jail -- she won't serve the full two years. she is on probation for six after that. she says she is a stone cold "b" word with ice water in her veins. i'm a little uncomfortable. >> watch out for her on match.com. >> if she screws up she'll be back in prison. megyn: thank you so much. one quick final word for our viewers. this seems like an excellent deal for her. two years for kidnapping and torture with no remorse. tylenol 8 hour lasts 8 hours. but aleve can last 12 hours. and aleve was proven to work better on pain than tylenol 8 hour. so why am i still thinking about this? 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[ female announcer ] with 30 delious flavors all around 100 calories eac [ female announcer ] witfifteen percent orrs more on car insurance? does a former drill sergeant make a terrible therapist? patient: and that's why yellow makes me sad. i think. sarge: that's interesting. you know what makes me sad? you do! maybe we should chug on over to mambie pambie land where maybe we can find some self-confidence for you. ya jackwagon! tissue? crybaby. geico. fifteen minutes could save you fifteen percent or more. megyn: fox news alert. a bus versus a van in new york city versus a tractor trailer in queens. numerous people trapped inside the minivan at this moment. everyone from the bus is off and okay. we are going to keep you updated on the rescue effort. the president of the seattle branch of the urban league make an unusual request asking police to install street surveillance cameras in predominantly african-american neighborhoods saying they work as a crime deterrent and help police catch criminals. but the aclu has a big problem with this. >> reporter: what's surprising with this story is not that a community group in a high-crime area is looking for surveillance cameras to help them out. you mentioned the urban league. it has been a harsh critic on the seattle police department in recent years and they are looking to give the police department more power. it's south seattle, one of the high-crime neighborhoods of the city. largely african-american community that has seen a rise in gang activity. young people getting shot is sadly common. there have been several, including a 12-year-old boy shot by a 10-year-old boy at a bus stop. there are several schools, a library and community center. cameras would deter criminals and catch the ones who still commit crimes. cameras are being used in several cities and while the many hard to nail down their impact on overall crime, there is solid evidence showing that they help police in prosecutions. the aclu calls cameras are an invasion of privacy and argued that they have a comilling effect on protected free speech by discouraging people from gathering for protests. online poll found 72% in favor of the cameras, but still a fair amount of suspicion. >> i believe it would send a message that big brother is watching. more than likely they probably wouldn't feel too comfortable hanging out in the area. >> people are concerned about government's reach. but in these days of massive budget cuts, i think people are feeling almost the opposite like government is in some ways ineffectual. especially down here. >> reporter: the city of seattle is not commenting about the camera south many hard to see if the idea is getting any traction. megyn: the dog that's being hailed as a hero. next. captioning made possible by fox news network [ female announcer ] it's red lobster's ultimate surf and turf event. with three seafood-and-steak combinations, all under $20! like succulent lobster and wood-grilled sirloin, or new chardonnay shrimp and sirloin. ends soon at red lobster. or new chardonnay shrimp and sirloin. [ technician ] are you busy? management just sent over these new technical manuals. they need you to translate them into portuguese. by tomorrow. 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