it is peculiar he is not sitting next to the lawyer. i suspect they didn't want him to go next to all of the family and friends. i suspect the court wanted to keep him far away. he very little moved he looked peculiar weird. everything about him looked strange. doesn't mean he's insane but he was acting strange. why was he strange? i don't know. why was he stoic. either his lawyer said don't talk this will be good we don't want to send you any sort of message. just sit there quietly. he took his cues from his lawyers well or he is sort of an empty shell and there's not much going on there or perhaps he's medicateded because of something that went on inside the jail and they gave him something to relax him. he was definitely weird. he didn't take hi head and sort of sweep and look around the courtroom he looked straight ahead at the judge. >> if greta went on to say if he was his lawyer she would have put him next to her so the camera would have been over his shoulder. time now for your 5 at 5:00. the top five stories making news at this hour. a standoff at the adrien point campus is over. this after a man with a hand gun prompted an evacuation late last night. there is no word on his position. he threatened to hurt himself but now says everything is under control. the fbi is looking to question a boater who might have been the last person to see these two missing iowa cousin authorities say they think the person who is not considered a suspect could help them figure out what happened to his girls elizabeth collins and more see. they have reason to believe they are abducted and they are still alive. the mother says she is taken her second polygraph test to prove she had nothing to do with her daughter and niece's disappearance 11 days ago. a tempts to fight voter fraud. pennsylvania new voter id law. the doj asking to see voter data bases and information about people with driver's licenses. the justice department says it is concerned the law may violate voting rights laws. pennsylvania says 99 percent of voters have a valid id they are creating a new id card for would be voters. a stern warning to syria about the chemical weapons. >> we willontinue to make it clear that the world is watching and they will be held accountable by the international community and the united states should they make the tragic mistake of using those weapons. >> the regime continues to stabilize they admit they have chemical weapons and will use them if it faces foreign attack. we are mourning the death of a national hero. salary rye is the -- sally rye was the first woman to blast off into space. she was the youngest astronaut to fly into space. she left nasa after the challenger explosion in 1986 moving on to writing, teaching and public speaking. shea lost the 17 month battle with pancreatic cancer yesterday. she was 61 years old. that's your 5@5:00. the campaign trail is heating up again. president obama and mitt romney bring pg the focus back to the economy. they cans plained the president t -- they blame the president most for our recover re. >> after suspending their campaign after the wake of the shooting in aurora, colorado. they are squaring off one another once again. the plans for national civil rit is fading into a memory now that obama p and challenger mitt romney is back attacking each other over foreign policy, the military and principally the economy. president obama making his case that romney is not the man for the job of steering america's economy back to stability. >> romney does not understand that. he doesn't understand what it takes to build an economy where everybody has a shot to succeed from the worker who punches the clock to the entrepreneur who wants to take a chance on a new idea. there is only one way to grow our economy for the long run, that's what we are fighting for. that's what this election is about. that is why i am running for a second term. >> the president needs to spend time with the jobs council. i guess in the last 6 months he has done 109 fund raisers. he found time for that. i suggest between the fund raisers get together with the jobs council and learn from people who are working hard to create jobs. >> while the economy is still moving along and americans are not happy with congress nor the president about the sluggish growth. a new pro for the hill two-thirds of likely voters say the poor economy is washington's fault and more are blaming president obama's policies showing 34 percent say mr. obama is the most to claim, 23 percent say congress, 20 percent say wall street and 18 percent site former president george w. bush. others say it paks the economy better but as the recovery is taking longer due to the deep economic trouble he inherited while taking office. mr. romney attacks the president on the economy saying the president is out of ideas and out of excuses and back against squaring off. live in washington kelly wright, thank you. it is time for your first degree weather update with ms. maria molina. it is like hot an humid here. >> it is very gross across the northeast humid in new york city, temperatures in the 70s. we are going to deal with that in the early morning hours. as we head west ward the big story has been the extreme heat and extreme drought conditions as well. i want to show you a temperature right now. in kansas city it is 89 degrees very early this morning. this is a truly warm for this time of the day. 89 degrees in kansas city. 82 in the city of chicago. you are going to feel that warmth in the morning hours and afternoon hours you will feel the heat as well. kansas 100 degrees. we are expecting hot temperatures into the low 90s. add in the humidity and it feels a little hotter. the reason why it is so hot across parts of the central plains is we have a large area of high pressure producing all of that sunshine. around that system you will deal with all of the showers and storms we have that already through portions of the midwest great lakes and pushing through portions of new england as we head into the afternoon and evening hours we will be see ago risk for severe storms large hail damaging winds and isolated tornadoes possible from the northern plains to the carolinas. >> maria, thank you. now to stories you can bank on this morning. is skype spying on you with your own web cam? here to explain is lauren simonetti from fox business network. >> good morning patti ann. a message to skype, the on-line chat service may be spying on you but not telling you. for years law enforcement have been working to build back doors for spying then skype was resisting. in june they were granted a patent for legal intercept technology to copy conversations. one can assume skype is spying on you but it's impossible to say for sure. slightly happier note i suppose if uz want to sleep on the plane you can lie flat on some place. >> it is bankrupt but still shooting for comfort. american airlines will be the first to put flat seats on the transcontinental flights starting next november. americans will put the seats first air bus a 321's that fly between new york and california. you can get a good night sleep. >> not bad if you want to pay for it. >> are we coming to the end of an era of cash registers? >> j.c. penneys is trying to boost the line the latest is cutting cashiers at all stores by 2014. he is looking to kree place cashiers at the entire counter with wi-fi and mobile checkout. j.c. penney says they are going to move and savto no cash. what about the people who use cash? >> interesting. the time is 12 after the hour. will have a valley of the sun turning into dust in the wind. we have amazing video coming up next. is the key to a successful marriage hidden in your daily commute? that's what the study says. a quick look at the prices at the pump. national average 3.48 a gallon. happy birthday! thank you, nana send money to anyone's checking account with chase quickpay. all you need is an email address or mobile number. you're welcome. take a step forward and chase what matters. >> the self proclaimed toughest sheriff in america. they are accusing him and his department of racially profiling latinos during patrols. the sheriff denies those allegations. continuing to inspire. gabby giffords high up in the french alps. he and her astronaut mark kelly road the car up to the peak it's the first trip outside of the u.s. since the tragic last year. it is time now to brew on this. want to know the secret to a successful marriage? according to a study in the journal of social psychology couples who carpool together have a better chance of surviving. those who took the same route to work every day with their partner reported greater satisfaction in their romantic relationship. on a symbolic level the similar routes implied matching goals which increase attraction. we want to know if you agree or g disagree. you can tweet them to us at fox friends first or send us at e-mail at foxfriendsfirst@foxnews.com. seconds from disaster a near titanic like moment for a couple on the water. >> it is meant to save your money but we will tell you why your 401 k may be costing you big bucks. we will have tips on how to protect yourself. >> as we go to break take a look at leno from last night. >> new study published by the british journal of medicine says inactivity can kill you. sitting around can kill you. these are the kind of findings that scare the hell out of congress. 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[ chirp ] >> new hampshireman is charged with setting a navy nuclear sub on fire. navy investigators say casey jane fury suffers from depression and anxiety and admitted he set the fire to get out of work. the man convicted of a shooting death sister brother and nephew could learn his fate today. a judge expected to decide. if the attorney requests a new trial is denied sentencing will follow. he faces a maximum senescentenc life in prison. is your 401 k plan become an after thought? is your hard earned cash slowing down paycheck to paycheck? new rules could figure out what is coming out of your pocket. here now with tips to help you protect your investments is personal finance investor vera gibbons. >> read the quarterly statement. don't just throw it in the trash. >> they are not sure with the fees they don't know about the fees. starting in august it will be spelled out in your quarterly statement. take a look when that comes in. you will see what you are paying for per the new regulations. >> there are some funds that cost you more than others. >> right. a lot of people don't know about this. over 70 percent of planned participants don't think they are paying any fees for their plan. that's crazy. there are fees that could be eating up 10, 20, 30 percent of your balance. you need to know what you are paying. >> this will help you to know if you are paying too much. doing an apples to apples comparison take an index fund s&p compare that to your plan verses offering the other plan. if your plan is charging you 75 you can get it in an ira for 7 basis points ask your employer why am i paying too much for this. >> get it cheaper elsewhere. >> you need to look at your fund's performance. some do better than others. >> you want to take a look at what you have how the fund is doing relative to peers. you can do this on morning star.com which does it all for you take a look at the manager and what the track record is. don't i go fognore this. >> you can swipe options within your plan but some don't have many options. >> some are minimum options. >> speak up if you are not happy. they are supposed to be providing you a plan that is good for you and all of the planned participants particularly with all of the regulations. ask them. do i have enough options? am i happy with the options. they are being held to that accountability. >> with your company you can get involved with the process. >> people are not expressing the new environment is getting ready to work with your company perhaps sit on the board so you can provide a little input and perhaps build a bigger nest egg. the aying worker needs something like $900,000 upon retirement to live comfortably in retirement. they owe 60,000 dollars on average in our 401 k. get involved be accountable would with your employer. >> life expectancy keeps going up. >> working longer and longer. >> vera gibbons. thank you very much. still to come it will be a sour sight in new york city. residents getting a first chance to speak out about the proposed soda ban. we will have a live report. for b forget about sunscreen why you need a mask to get through the summer in phoenix, or you needed one last night. first this day in history in 2005 lance armstrong won his second consecutive tour defrance. -- 7th consecutive tour defrance. flush with the spark cash card from capital one, olaf's pizza palace gets the most rewards of any small business credit card! pizza!!!!! 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[music] transitions® lenses automatically filter just the right amount of light. so you see everything the way it's meant to be seen. experience life well lit, ask for transitions adaptive lenses. >> welcome back to "fox & friends first". i am ainsley earhardt. >> i am patti ann browne. 28 minutes after the hour. the suspect in the midnight movie massacre in colorado making his first appearance in court and then a few hours later we got the closest look so far into james holmes' apartment. brand new video shows a poster soldiers of miss fortune. it shows several people shooting in various positions during paint ball. it shows the doorknob of the front door which police say he booby krap trap to do make more destruction. >> the horrific rampage left 12 people dead and dozens more injured. >> you have a right to remain silent. anything you say can and will be used against you. you have the right to an attorney. if you can't afford one one will represent you at no cost to yourself. >> holmes with bright reddish orange hair abused dazed through out the hearing. he remained silent. he is being held without bail on first degree murder. he will facing a vated assault. the office will consider the death penalty and it is still an active investigation. i would say there's no such thing as a slam dunk case. it is a case where we will -- we are still looking at the enormous amount of evidence and we would never presume that it would be a slam dunk. we will work very hard on this case to prosecute it just like we would any other case. and we are also getting another up close look at the chaos that ensued after holmes allegedly opened fire in theater 9. this video shot by a 14-year-old survivor bonnie tats moments after the rampage started. we have good news to share with you this morning. two people wounded in the shooting and hospitalized have now been released. a number of past republicans are questioning the legal grounds for the changes to welfare work requirement. doug luzader is live with the latest for us. republicans are really incensed about this. they say the president had over stepped his authority here. this comes down to a new administration policy to allow states the ways of the work requirements on welfare. that was part of the massive welfare reform effort back in the 90s hammered out by then president bill clinton working with republican congress. the idea is to try to transition welfare recipients back into the work force. the new administration policy would allow states the options of pairing back those requirements now. 76 house republicans are asking health and human services secretary kathleen seb beaccept why yous to bypass the work rule. we are disappointed the administration through this action and others seems intent not on helping to get americans back to work but rather on increasing their reliance on welfare and other government programs. the administration has maintained this is all being done to give the states more flexibility to innovate. here's how sebelius explained it to other departments of congress. they measurebly increase the number of beneficiaries who find and hold down a job. the administration says the goal is still to get more people off of welfare rolls. this new policy republicans say violates a bipartisan effort by congress. back to you guys. >> thank you, doug. time now for your 5@5:30. for the 5th strait near our nation's debt soaring by at least $6 million. it was nearly $16 trillion tepid of june. congressional budget office will release new reports on the cost of obama care. one report will focus on how much it will cost after 10 years the other looks at the cost of repealing it. earlier this year the cbo said obama care would cost 800 billion more than what president obama initially said. jury selection continues in drew peterson's murder trial. 8 jurors were selected on day one. started the day by introducing himself to potential jurors. many would be jurors admitted to seeing news reports about peterson even watching the lifetime tv movie about him despite the judge ordering them to avoid it. peterson is charged can killing his third wife kathleen fabio back in 2004. he's also a suspect in the 2007 disappearance of his fourth wife stacy peterson but has never been charged. incredible video to show you tourists narrowly escaping a tsunami off the coast of greenland. they were checking out a glacier when a huge chunk of it fell off. that created a massive wave that came barreling towards them. the boat captain was able to speed away just in time. everyone on board was okay. swallowed up in another dust storm. this is the second storm since saturday. this one blanketing the west side of the city. incoming flights to the airport had to make their way through the wind and through the thick dust clouds. in some areas it was only about a quarter of a mile. arizona is in the middle of monsoon season which creates the right conditions for those dust storms. mariah carey is joining american idol. ♪ >> the 42-year-old is now set to become the highest paid judge in reality tv. according to tmz her one year contract with the show is worth close to $18 million. >> not a bad paycheck for the year, right? >> before you leave the house this morning let's get your first degree weather update with maria molina who has more on scorching temperatures across the central part of the country. hi again maria. >> good morning everyone. unfortunately we are talking about very hot conditions once again across portions of the central plains. seeing temperatures out there near triple digits. we are also talking about one of the worst krouts in basically decades. bad news we are seeing the dry conditions and hot temperatures again today. north of that area we are seeing heavy rain that could produce flash flooding. north dakota to the carolinas some of the heavy rain could come in the form of thunderstorms. some of the storms producing severe weather. causing isolated tornadoes. if you live anywhere near the northern plains and the great lakes region also the carolinas stay alert today because you are going to see storms and stay alert to get any warnings of some of the severe weather. currently it is very warm already across parts of the plane 89 in kansas city 82 in chicago. as you head out the door you will feel the heat already early this morning. heating up as we head into the afternoon hours with all of the sunshine. 103 will be the high temperature in kansas city 100 in the city of dallas. warm in atlanta. looking at high temperatures today at 98. the time right now 36 after the hour. still to come the suspect in friday's movie massacre appeared for the first time in court. the district attorney says it's not a slam dunk case. we will bring in our legal experts to weigh in on that. a major city getting washed out as conditions whip through the city. >> as we take a break a look at conan. >> even though the olympics take place during ramadan some muslim athletes say they will not fast during the london olympics. not going to do it. then after sampling the british food they said on second thought. fasting sounds good. [ male announcer ] if you believe the mayan calendar, on december 21st polar shifts will reverse the earth's gravitational pull and hurtle us all into space. which would render retirement planning unnecessy. but say the sun rises on december 22nd, and you still need to retire. td ameritrade's investment consultants can help you build a plan that fits your life. we'll even throw in up to $600 when you open a new account or roll over an old 401(k). so who's in control now, mayans? >> 40 minutes after the hour. let's span the globe. we start in pakistan where u.s. drones fired at a powerful militant commander's compound. no word if he was in the attack. 9 suspected insurgents were killed. hurnl strength winds and rain forced the government to raise it's strongest typhoon warning for the first time in 13 years. that shut down most of the city. 129 people were hurt. no deaths reported. finally in london the olympic torch paying a special visit to more than 50 dogs in need of home. soccer star michael owens running past the dogs and cats home along with one of the dogs. the olympics kickoff on friday. >> 41 after the hour. the shooting suspect in the movie massacre making its first court appearance yesterday. it will likely be a long road ahead for this case. here's what the district attorney had to say after that hearing. i would say there's no such thing as a slam dunk case. it is a case where we are still looking at the enormous amount of evidence. we would never presume that would be a slam dunk. we have been working hard on this case to prosecute it just like we would any other case. here to give us his analysis is criminal defense attorney and legal analyst arthur eye dal law. carol chambers her term limits are up. she is the da until january. she is pouring over all of this evidence. says this is not a slam dunk case. why not? >> good for her. she is taking -- she is right when she says there's no such thing as a slam dunk case. to go back 20-years now i guess the o.j. simpson case people thought it was a slam dunk case. there were blood samples all over the case. all you need is one or two rouge jurors to say i don't know. i wanted more. you have a hung jury in this whole magila has to be tried all over again. good for her for taking the cautious conservative tact let them look ore each piece of evidence and make sure they walk in with a victory under their belts. >> we were all watching this video to see what the suspect looked like. hair died, facial expressions were very strange. bug eyed closing his eyes a little bit. what do you make of this? >> i don't know. you don't know if it's an act. is he under medication? we know he is out of his mind, right? he has to be out of his mind to do what he did. so what is going on in his head? is he so brilliant he's putting on an act laying up fund dags for an insanity defense. he may think so. anybody who concocts the plan that he did. that's not the insanity defense. the insanity defense i see a gun i think it's a banana and i pull it up and squeeze the banana. in my mind it's anna b -- a ban. >> what will the jury make of this? >> i think the jury is not going to be looking at what he says in the courtroom and what he looks like in the courtroom as much as what he did. he set a timer so his stereo would go on so it would be really loud so his neighbors would come in and they would complain and then the cops cowod come in and his whole apartment would blow up a cause a distraction so he would be in the movie theater executing everyone. that's not an insane way of thinki thinking that's a logical and intelligent way of thinking. insanity defense works less than 10 percent of the time. >> i heard 3 percent. >> it's not happening. >> the district attorney has the history of seeking the death penalty. she said there's a strong possibility. >> she said i want to talk to the grieving families. if you are a grieving family member you may want to hear this guy is going to go into a little cage for the rest of his life. that's going to happen next week as opposed to we are going to give him a needle and knock him out 10 years from now. you are living with that for 10 years next week, next month, two years from now. good for the prosecutor who serves the people wants to ask the people what do you want? it's your family member that was killed. you are the one who got shot. what do you want to see happen here? >> earlier in the show we heard from her she said the lawyers should not have let the courtroom see him face to face. the cameras should have been behind him. >> they said look at the stage. the one motion that is spinning right now is a gag order for everybody. let's try this case in the courtroom not on television which is basically what's happening with the zimmerman case which is every day there's competing news. let's let the legal system work. >> thanks so much arthur. good to see you this morning. it is quarter to the top of the hour. one town taking drastic measures to keep their roads safe going as far as possibly banning the radio while the folks are driving. our question of the day. a new survey says that couples who carpool together have a better chance of surviving. we want to know if you agree or disagree. arthur, you need a ride home? see what's coming up on fox and friends. we heard arthur talking about that case the joker out in colorado. peter johnson junior will be with us for a little while telling us how the da, the case against holmes is not a slam dunk. also, we all have retirement plans, right? a lot of us have the 401 k accounts vera givens is going to tell you how to improve it. if you are military or former military we know a lot of guys and gals can't find jobs. find out about a nationwide job fair it happens a week from today. you don't have to go anywhere. you can do it on-line. all of that and more kicks off 20 minutes from now. fox and friends live from new york. >> quick headlines now. actress kirstie alley is being sued for allegedly lying about how she lost 100 pounds. the california woman who filed the lawsuit claims organically ason the weight loss supplement alley endorses is totally bogus. not even the radio will distract you behind the wheel. bowling green city council bans any type of distraction that takes away the driver's full tanks. it is still being discussed but critics say the ordinance is too vague in fdefining what constitutes a distraction. >> the solar war is heating up getting a chance to hear their voices heard today over a proposed ban on large sugary drinks in new york city. we have more live in queens, new york. good morning to you. good morning everyone. there's a public hearing scheduled for the stays health department headquarters in queens. mayor mike bloomberg and barley renewed the calls to go into effect. the ban would outlaw the sale of large sugary drinks. that is drinks that come in containers larger than 16 ounces in if places like restaurants sporting ven dues and movie theaters here in new york city. the health commissioner says 5800 new yorkers died because of obesity every year and this would go a long way in stemming that epidemic. critics say it is over reaching. the mayor dismisses that criticism. it is the cup can't hold more than 16 ounces. if you want to buy 32 get two and carry them to your seat. you can do that. the theory is most people will drink one. it's just giving people an impetus to drink less but not mandating it. give you an impetus to not smoke. >> the city's board of health is scheduled to vote on this proposal in september. keep in mind the appoint tees of board of health are all appointed by the mayor. that is the latest lye frive fr scenes th queens this morning. it is 52 minutes after the hour. more government waste this time the department of homeland security under scrutiny for spending $57 million on a project that went bust. fox business network diane macedo has more on this story. the federal protective services reportedly set to go before a house committee today to attempt to explain how basically wasted $57 million in tax payer money. this is a small agency within the department of homeland security. it is already under fire for the 2008 project placed by scheduling delays cost over runs and conflicts of interest. now the daily caller reports the house home land subcommittee on cyber security infrom you straubing tour protection wants to know how the agency continuously failed to manage a computer software contract meant to reform over site of private security forces. for little contact they ploy 1200 workers to oversee 1300 private sector security guards by 48 contractors who protect 900 square foot buildings. in 2007 they streamlined the management of all of the security contracts and guards. they called it the risk asset management program or ramp for short. it was to be the largest program projected to roll ut july 2009 at a cost of $20 million. the 21 million is gone and still no computer program. the government awarded the original developer a second contract and a few months later president obama appointed a former principal to lead them and inspector general reports upon taking the job he decided to stop developing ramp but continued to pay them to maintain the ramp system containing all of the data. they promised congress more than a year ago he was working on an improved version of the software the reports found the agency is still using the old system. they are required to have a plan in place to fix these problems by the end of july but as of early april $201,257,000,000 later the agency still had no plan. it will be interesting to see what they have to say on capitol hill today. it certainly will. now the question of the day what is the secret to successful marriage? according to the study of journal social psychology couples who carpool together have a better chance of surviving. >> we want to know if you think this makes any sense. do you agree or disagree with the findings. robert e-mailing us i agree. we commuted together for 3 years. we miss those drives. >> jamie e-mailed us saying common sense would say hose couples willing to commute together already have a better relationship than most. >> i guess that extra time together. talk about your day. >> instead of just reading. which reading is good, too. thanks to any one who responded. keep the comments coming. it is now 5 minutes to the top of the hour. football player celebrating a bit too soon. showboating landing him in our good, bad and the ugly. it is your word of the day. can you figure out what it is? stick around for the answer. ♪ why not try someplace different every morning? get two times the points on dining in restaurants with chase sapphire preferred. >> 2 minutes until the top of the hour. we take a look at the good, the bad and the ugly. first the good. this will melt your heart. a beagle reunited with his handler. before that, the pair had been inseparable since marshall rescued the eagle from captivity. smart bird. next, the bad. a new jersey woman takes the plunge literally. look at this. she's driving her car right into a river. police say that she hit the gas pedal instead of the brake. two good samaritans jumping in to rescue her. she walked away with bumps and bruises. lucky to be alive. the ugly. a football player returning a missed field goal for a touchdown in the canadian football league and looks like a sure thing but he doesn't get the touchdown. the showboating, letting a player tackle him at the 1-yard line. a little bit too soon. >> all right. time now to get scrambled up. brian kilmeade and arthur here to help us out. >> come on! >> me or arthur? make a choice. who do you want? i will not -- you know what? >> come on! hurry up. >> come on! >> are you happy? >> are you happy? >> do you know it? >> no, i'm having a senior moment. >> i don't get it. glacier. >> glacier! that's it. >> good job, brian. you really pulled through there. "fox & friends" starts now. >> ok, fine! >> protest. >> have a great day, ladies. >> take care. "fox & friends" starts right now. >> he walked off before the show even started! >> a new record. >> a new record. >> imagine what the blogs will do at that. who will they say is more mad? >> he is because of his hair. >> i hope i didn't hear that. today is july 24th. i'm gretchen carlson. taliban terrorists sending a chilling message to the united states. >> allah! >> video showing a series of attacks on american troops and they say there's more to come. >> they're upset, they're concerned but they're not saying sorry. james holmes' parents standing by their son in the wake of that movie theater massacre insisting they have no plans at this point to apologize. >> all right. this woman didn't tell her doctor the truth about her medical past and lied. the top four lies you should never tell your doctor. "fox & friends" starts right now. >> good morning, everyone. hope you're going to have a good tuesday so far. brian, are you settled down now? >> yeah, i have to show the showboating that didn't -- that almost -- that we missed in the -- at the end of the show in a half-hour. >> will you be doing it or will you be doing it with arthur over your shoulder? >> i'm going to tackle you. >> if you don't mind. >> on the one. >> if i showboat, you better tackle me. >> let's get right to your headlines this morning. new video released by the taliban offering the chilling accounts of last month's attack on a u.s. base in afghanistan that left two