blade runner, oscar pistorius, all of a sudden he too faces murder charges. it's all ahead unless breaking news changes everything on "studio b." but first from fox at 3:00, opening arguments are under way in the high stakes civil trial against bp over the 2010 disaster that devastated the american gulf south. a judge in new orleans opened by warning this will be a lengthy trial. some 400 minutes of opening arguments. 11 teams of attorneys, and 80 witnesses set to testify. witnesses including a taped deposition that bp's former c.e.o., tony heyward, it the man who said he wanted his life back. 11 men died when it exploded, the well gushed oil three months. close to 35 million barrels of crude poisoned wildlife, contaminated coastlines and cost people livelihoods. bp struck a deal on the criminal charges. in the criminal trial they paid $4 billion in fines. now, billions and billions more on the line in the civil case, which seeks to prove bp and partners from grossly negligent. a lot of folks thought the trial would never happen. it may never finish. moat thought bp would have settled. the attorneys seem to be digging in for a fight calling government demand for money excessive. it's the top story and casey stegall is live from the courthouse in new orleans. this trial, if it goes the whole way, could take forever. >> yeah, it really could. it's decided into two phases, phase one started today. that's essentially looking at everything that led up to the accident itself. what caused the natural gas to leak from the well on the bottom of the ocean floor in the first place. how did it get to the surface of the deep water deepwater horizon rig and explode and what caused it to sink. it's scheduled for september and it will focus on bp's response to the spill and how much oil leaked. bp is disputing the federal government's estimate of 4.9 million barrels. that is very important here since the judge will base the penalty on the total number of barrels. >> if you're grossly negligent, the penalty is over $4,000 per barrel. if you're not grossly negligent it's a little over 1,000. those two factors combined is why you get wide variations. >> of course we've been talking about the trial that started this morning. at any time during the proceeding, bp can opt to settle if they choose. >> there's a serious argument made that civil suit and all this money aside, there's more appellant that's deserved, a lot more. >> yeah, exactly. basically the judge -- this is not a trial by jury, a judge will decide. they can order that bp and its partners pay upwards of $18 billion. but a lot of folks are saying that nowhere near touches fixing the problem. that's one of the reasons you have protesters on the steps of the courthouse in new orleans greeting the droves of attorneys representing bp, transocean and hal burton as they walked in. most of them environment lists who could say it should take $25 billion to recoup what's lost. it may have been three years since the spill, but the gulf is still suffering. >> we know that bp's oil is still in the ecosystem. we find it after every storm. isaac exposed a heck of a lot of oil. about 20 miles of louisiana's coastline was closed because of oil. we found it in a bay we hadn't seen before. >> many folks we talked to here say simply by not settling and choosing to go to trial, they believe it's indication of british petroleum's arrogance. >> arrogance from british petroleum. all right. casey, thank you. let's take this to the judge, judge andrew napolitano. this was mentioned in the report but here's the key. bp was either energy or grossly negligent. if negligent, it will pay $1,100 per barrel spilled. if it was grossly negligent, it will pay $4,300 per barrel. if negligent, the penalty $4.5 billion, it grossly negligent. $17.5 billion. that's a big difference. >> it's enormous. tens of billions of dollars. those figures are established by a statute enacted by congress, not just a rule by the court nor a rule of thumb judges use. the congress wrote a law in the clinton administration, president clinton signed it and that's the standard used. how do they decide whether they were negligent or gross negligence. what's the difference? easy example. you drive your car 40 miles an hour in a 25 miles an hour zone. that's negligence. you drive your car 830 miles an hour in -- 80 miles an hour in a 25 miles an hour, that's gross negligence. it has to do with how much you avoided the duty you have to preserve the asset and keep the people that work for you and the property around you safe. >> shepard: more closely tied example might be if you were trying to save money but didn't realize where you were skimping was a problem that might cost lives, that's one thing. if you saw problems, we know the rules, we're breaking the rules to save money, that's gross. >> that would be gross negligence. >> shepard: the argument has been made in the criminal trial suggesting that's what happened. >> i don't know which way the judge will go but i now how he's going to decide. if there is a trial. i thing it will settle before the end of this week. if there's a trial, the judge will listen to testimony of experts. plaintiffs are the federal government and states of texas, alabama, louisiana, mississippi and florida. and they're arguing they lost tax revenue because people couldn't work and pay taxes and spent a lot of money to keep people alive who couldn't work. that they had a lot of public property that was damaged, which they did. and they're entitled to this money to compensate them for the money they laid out and money that didn't come in. the governments will put on witnesses that will demonstrate to the judge why it was gross negligence and bp will put on witnesses, technical people, who will try to demonstrate it was simple negligence, not gross negligence. the judge will decide to to believe. does bp want to roll the dice with the judge or enter a structured settlement. maybe so much money they would have to sell assets to pay. >> we'll know in from the tone of this. we learned a little bit this morning. casey stegall will report for us whether the plaintiffs or defendants have the upper hand with the judge. >> i think we'll know by the end of the week which way it looks. they'll know too. >> thank you. >> you're welcome. >> shepard: breaking news now on fox "fox news channel." a massive explosion has struck the syrian capital of demass cuss. a huge sign the civil war is threatening to consume the regime power center. t at this moment it's not clear what the target was or whether there were casualties. this comes days after another powerful explosion in damascus killed at least 60 people. the secretary of state john kerry worked to salvage a meeting with the syrian opposition during his first overseas trip. at a news conference in london, secretary kerry pledged more support for rebels and called for the syrian national coalition to rejoin the talks in rome. the meeting is set to be the the centerpiece of his swing through in your europe and the middle east but friday the rebel group backed out of the talks. today secretary of state john kerry said the united states is commit today helping the syrian people. >> the president of the united states has sent me here and sent me to this series of meetings and sent me to rome because he is concerned about the course of events. and he is currently evaluating what steps to take. >> the sir ran opposition leader is reconsidering the decision to boycott. james rows is an with us -- rosen is with us from berlin. secretary kerry got personally involved in the effort to lure the syrians back to the table. >> that's right. even before his plane took off from joint base andrews, secretary of state john kerry encountered turbulence on his first overseas mission. he had aides on three couldn't alberto couldn't -- continents working the phones. after the -- the secretary warned diplomats they could be affected by the sequester. kerry dialed the president of the syrian opposition council and encouraged him to return to the bargaining table at rome. state department officials won't confirm the meeting is back on but we understand the appeal was successful. the sir ran rebels want the u.s. to help them in their bloody two-year uprising against bashar al-assad. the war has claimed more than 70,000 lives. secretary of state john kerry says the u.s. has new ideas about how to change the thinking on the ground but a washington wants to see a political transition. >> all this comes a day ahead of new talks between western powers and iran over iran's nuclear program. >> the first new talks since june between iran and the p5 plus 1, referring to the five states that sit on the u.n. security council, including the united states and germany. the talks will be held in kazakhstan. what's on offer and what isn't is something that secretary of state john kerry wanted the iranians to know about the talks. >> iran, with a nuclear weapon in that region, and given all that's happened, is simply unacceptable and we've stated they will not obtain a nuclear weapon. president obama has been crystal clear about this. are. >> reporter: another highlight of the trip, tomorrow in berlin when secretary kerry has his first face-to-face with the russianing leader. another big and dangerous storm for the middle of our country. yet another storm. in some spots, the snow is falling faster than people can shovel. we'll check in with the fox extreme weather center next. plus, jodi arias is trying to explain to protectors why she shot her boyfriend and maybe why she can't remember she stabbed him 27 times and slit his throat. the latest from the cross-examination, which is turning out to be fascinating. that's coming right up. ♪ [ male announcer ] you've reached the age where you don't back down from a challenge. this is the age of knowing how to make things happen. sowhy let erectile dysfunction get in your way? talk to your doctor about viagra. 20 million men already have. ask your doctor if your heart is healthy enough for sex. do not take viagra if you take nitrates for chest pain; it may cause an unsafe drop in blood pressure. side effects include headache, flushing, upset stomach, and abnormal vision. to avoid long-term injury, seek immediate medical help for an erection lasting more than four hours. stop taking viagra and call your doctor right away if you experience a sudden decrease or loss in vision or hearing. this is the age of taking action. viagra. talk to your doctor. viagra. for over 75 years people ...with geico... ohhh...sorry!. director's voice: here we go. from the top. and action for over 75 years people have saved money with gecko so.... director's voice: cut it! ...what...what did i say? gecko? i said gecko? aw... for over 75 year...(laughs. but still trying to keep it contained) director's voice: keep it together. i'm good. i'm good. for over 75...(uncontrollable laughter). what are you doing there? stop making me laugh. vo: geico. saving people money for over seventy-five years. gecko: don't look at me. don't look at me. fox news weather alert. another dangerous winter storm is slicing across the country bringing heavy snow and wide winds from the gulf to the great lakes. there's a potential for tornadoes. the storm could be worse than the one last week. right now northern texas and oklahoma getting clobbered. reports of 10-foot snow are drifts in amarillo. look at the scene this morning in amarillo. we're talking up to 3 inches of snow per hour in spots. whiteouts, driving impossible. the national guard is now involved. let's get to the fox extreme weather center. let's start with the tornado threat. >> we have a warm side of the storm bringing a threat for tornadoes. tornado watches for louisiana, texas, arkansas and florida. a tornado warning south of shreveport meaning conditions are favorable and we have strong rotation. all these storms seeing rotation. unfortunately through the afternoon, the evening and tomorrow. there's the severe weather threat, a big area from louisiana to arkansas, north florida into georgia for hail, damaging wind and tornadoes. >> shepard: snow as part of the same system. >> amarillo 17 inches of snow on the ground already. where we have the snow flying across the panhandle of texas and oklahoma and we have live video coming in to us. i don't think it's live. this might be on tape. woodward, oklahoma at the panhandle and of course folks are advised to not be on the roads. this is a storm chaser, so what they do for fun. if you live in the area, please stay indoors, we're under a blizzard warning. i've seen gusts in excess of 70 miles an hour along the texas and oklahoma panhandle towards wichita and kansas city where you'll get 6 to 12 inches of snow on top of what you have seen in the last week. so a blizzard condition where you see red. winter weather advisories all the way to the great lakes and in this area of red, winds of 65 miles an hour plus and we could see easily 24 inches of snow on the ground. back to you. >> janice dean, thank you. >> president obama is warning the nation's governors dire consequences if the cuts known as the sequester take effect on friday. he spoke to the national governor's association about the deadline. the white house and congress have been deadlocked on how to handle things. here's the deal with the sequester. the sequester is something they sort of made up. if we don't get to the deadline, these cuts will automatically take place. but the sequester has turned out to be something we're looking at here where the big picture is what matters. we have to get the two sides together on how to fix the big problem. more taxes, cut spending, a compromise. we're nowhere near that. because of the sequester, that's what we talk about. the sequester's not the problem. the big picture is the problem. but they've successfully made us talk about something else. wendell goler with the news from the white house. the president and governors reached an agreement on anything? >> doesn't look like much. republicans say the president's talking at them, not too them. folks here say the republicans are the problem, blocking compromise by refusing to consider additional tax revenue as a deal to reduce the deficit. it's hard for the white house to deny they're putting pressure on congress. the president called on the nation's governor to take the time in washington to turn up the heat on congress to tell them what's at risk and what's at stake. >> what we can't do is careen from manufactured crisis to manufactured crisis. as i said in the state of the union, the american people worked hard and long to dig themselves out of one crisis, they don't need us creating another. >> governors are concerned the spending cuts might shift the burden on them. the president has not been able to promise it won't. >> shepard: anything from congress at all? >> congress is back in session this week. senate republicans poised to suggest cutting the workforce. democrats will propose a tax hike on the wealthy and cutting farm subsidies. neither side likely to convince the other. bobby jindal says it doesn't have to hurt as much as the white house says. >> it's time for the president to show leadership and present a list of reductions. every governor balances their budget. every family has to balance their budget. every business has had to become efficient. the reality is it can be done. the administration has a insatiable appetite for new revenues. >> jindal wants targeted spending cuts. janet napolitano says the sequesters are structured. people will start noticing a change in a few weeks. >> average wait times to clear customs will increase by 50% and in airports like newark, jfk, wait times could grow to four hours. >> the president will travel to virginia to talk about more proposed cuts. >> shepard: thank you very much. the climate of fear. they're good at taking us there. of course now we talk about the sequester. that's not the issue. the issue is we spend more than rebring in and they haven't figured out how to resolve that. [ male announcer ] this is kevin. to prove to you that aleve is the better choice for him, he's agreed to give it up. that's today? [ male announcer ] we'll be with him all day as he goes back to taking tylenol. i was okay, but after lunch my knee started to hurt again. and now i've got to take more pills. ♪ yup. another pill stop. can i get my aleve back yet? ♪ for my pain, i want my aleve. ♪ [ male announcer ] look for the easy-open red arthritis cap. >> shepard: a? is study indicates a quarter of us in the country has more credit card debt than emergency savings. bankrate.com says more than half the country has nor emergency cash than credited debt. 16% has neither credit card debt nor savings. it puts 45% of the united states in emergency. greg mcbride is a senior financial analyst. to see the number is disturbing. >> very disturbing. i think even compounding that is the fact this really hasn't changed much in the past couple of years, which means people are having a difficult time making progress financially and right sizing the equation to have more savings than credit card debt. >> if people save more and spend less, the economy goes into the toilet. we're in a no-win. >> it's a painful adjustment. that's why the sluggish growth. incomes aren't growing. it's not the time of environment that inspires people to spend. they're trying to focus on paying down debt and boosting savings. in the long run we're better off. in the short run, a painful adjustment. >> what are people supposed to do here? >> on the savings front, the biggest barrier is not being in the habit. automate the process. set up direct deposit from your paycheck into a dedicated savings account. get the money to work for you before you can spend it. it forces to you live on less than you make and that's the essence of building wealth. get a good handle of where your spending is. carve out areas where you can cuss expanses and plow that money into debt repayment. those are two strategies, even when incomes are holding steady. >> shepard: that works until something weird comes up and you have to dip in. the murder case against oscar pistorius just keeps getting stranger. even o.j. didn't have a brother who's also chged with homicide. even o.j.! but this guy apparently does. plus, prosecutors again going after the jodi arias. remember her? the woman who remembers the killing but does not remember the stabbing 27 times of her boyfriend. today they're hammering her about the many lies she told police. we've been waiting for cross-examination of the witness. it's been the defense lawyers for the longest time. now prosecutors are on us, or her, thankfully. we'll get to that. [ male announcer ] it's a rule of nature. you don't decide when vegetables reach the peak of perfection. the vegetables do. at green giant, we pk vegetables only when they're perfect. then freeze them fast so they're are as nutritious as fresh. [ green giant ] ho ho ho. ♪ green giant none of us think bad things are gonna happen to us. i'm here at my house on thanksgiving day, and i have a massive heart attack right in my driveway. an artery in your heart, it's called the widow maker. and mine was 95% blocked. they took me to the hospital, and the doctor put me on a bayerspirin regimen. [ male announcer ] aspirin is not appropriate for everyone, so be sure to talk to your doctor before you begin an aspirin regimen. i'm a blue-collar worker. to me, bayer aspirin is another tool. go talk to your doctor. you're not indestructible anymore. ♪ you're not indestructible anymore. and didn't know where to start. used a contractor before at angie's list, you'll find reviews on everything from home repair to healthcare written by people just like you. no company can pay to be on angie's list, so you can trust what you're reading. angie's list is like having thousands of close neighbors where i can go ask for personal recommendations. that's the idea. before you have any work done, check angie's list. from roofers to plumbers to dentists and more, angie's list -- reviews you can trust. i love you, angie. sorry, honey. >> shepard: i'm shepard smith. this is "studio b." it's the bottom of the hour. time for the top of the news. another crazy new twist in the murder case of the south african olympic hero oscar pistorius. now the brother of the so-called blade runner also faces murder charges. this in connection with a deadly car crash five years ago. court observers tell us carl pistorius last week sat behind his brother at every bail hearing. he's on the far left n2008 carl was involved in a crash in which a motorcyclist died. the prosecutor dropped the charges but investigators have reinstated the case. keep in mind last week a judge removed a lead detective of the oscar pistorius case after it was revealed he himself faces several counts of attempted murder for allegedly shooting at a taxi cab. oscar pistorius is charged with killing his model girlfriend in his home, shooting her four times through a bathroom door. pistorius claims he thought he was shooting at an intruder who broke into the house. he's out on bail and staying with his uncle. greg palkot is live in south africa. what happened to oscar pistorius today? >> about 100 feet behind me, behind a large wall and gate, in a very large and comfortable home, is the home of uncle -- the uncle of oscar pistorius. we believe oscar pistorius is there tonight. he's been there since he's been out on bail. we've been watching today, suvs and minivans rolling in and out of this place. he and his lawyers met with corrections officials to negotiate the terms of his life until the trial. we think they talked their way out of regular visits to police stations, though more home visits from parole officers are in store. more telling, a government official saying the blade runner is already discussing how and when to get back into training. a spokesman for the family says he's still in mourning for his slain girlfriend. a little bit more on the matter of carl pistorius, police say he drove recklessly when he killed a motorcyclist. i heard from his lawyer and he says the cyclist ran into him. as for the timing, it appears it was a coincidence, the family of the victim pressing for it to be reopened. we stress appear. in the short time we've been here, we've seen a lot of coincidences. one more twist this strange tale of the killing of reeva steenkamp. it turns out that the aunt of oscar pistorius, get ready for this, is a top murder profiler in south africa. for a long time, she was a key member of the south african police force, now on her own. needless to say, the speculation is she'll have nothing to do with the upcoming case. >> shepard: palkot, thank you. with us to help break down the case, arthur aidala. they just keep multiplying, like rabbits. >> well, 2008, apparently he's driving and the a motorcycle hits him. >> his brother. >> acl, the motorcycle hits his car. his blood alcohol level is 0. he's fine. no charges are pressed by what's known as the state prosecutor. but now, after his brother gets arrested for this homicide, the public prosecutor -- so something like our attorney general and a district attorney, they bring it back to life. now that the spotlight is on their criminal justice system, this particular family, and a little twist about the aunt being a criminal profiler, who knows what role she played in her nephew's car accident case, disappearing in the 2008. the case against the detective disappeared. the spotlight comes on him, now it's back into light. >> shepard: back to the case at hand. the part i don't understand is there's blood on a cricket bat. the claim of the defense is that oscar pistorius thought there was a burglar in the house, went to the door of the bathroom. didn't shoot right into the door, shot to the right and down where he knew the toilet was. but that bloody bat, he supposedly only used to get into the door. everybody involved knows what that blood is. it's that -- if that's the model's blood, his story is impossible. >> and. >> shepard: and they know but didn't bring it up in the pretrial hearing. the bail hearing. >> the way the bail hearing worked is he may have won the battle, but he's going to lose the war. the system of justice is a little different. he locked himself into this story that is so specific and the judge did give him credit for his affidavit. which is so specific. but there's blood splatter. there's a ton of ways how blood gets somewhere. especially when you had a crime scene, they weren't wearing booties. >> but if she's in the bathroom and he shoots her through the door, this presumes he did not hit her before. we don't know where the screaming came from. we don't know where the blood came from on the bat but it couldn't have happened before she went into the bathroom. if she's dead and you go in to save her, you beat her after you shot her? >> but they didn't bring it up. >> we don't know why. there's a lot of ways the cricket bat could have fallen in a puddle of blood or splattered when they lifted the body. his story is very specific and he's going to live or die about it. they have don't have the death penalty but live by it or be in jail. >> shepard: everybody involved in this case has done something, from the attorneys and brothers -- it just keeps going. >> they're under the spotlight. their whole criminal justice is under the international spotlight and by all accounts, their system is a little -- >> shepard: everybody knows why the system's weird. it goes back to apartheid. >> they got rid of the jury trial because people couldn't get fair trials so they put it in the hand of a judge, who is allowed to have two lay people are advising. >> yep. we'll see. thank you. >> thank you. the coast guard searching for four members of the same family after their sailboat sank. among the missing, two children under the age of eight. the coast guard reports receiving several broken distress calls that the family was abandoning ship in a makeshift raft made of a cooler and life jackets. mother, father, son and cousin had no gps. it's the cold and they have not found them and the prosects are very poor. the secretary of state has now had his first overseas trip as secretary of state. we'll look at what he has to deal with. ben affleck's iran hostage crisis movie "argo" racked up. but people in iran are apparently not easily impressed. iran's not easily impressed. everybody complaining about the oscars. just shut up. [ male announcer ] why is kellogg's crunchy nut so delicious? because every flake is double-toasted... splashed with sweet honey... and covered in rich double-roasted peanuts. mmm. [ hero ] yummy. [ male announcer ] kellogg's crunchy nut. it's super delicious! as well as they could because they don't take it with food. switch to citracal maximum plus d. it's the only calcium supplement that can be taken with or without food. my doctor recommends citracal maximum. it's all about absorption. >> shepard: 17 minutes before the hour. secretary of state john kerry now in germany. his second stop on a nine nation tour across europe and the middle east. the first overseas trip for him. he spent much of today vowing more support for syrian rebels. he also warned that iran -- time is running out for a diplomatic solution to the standoff over the nuclear program. time is running out. we've will be hearing that for a long time. undersecretary nicholas purpose purpose -- burns is with us. good to see you sir. >> thanks, shep. >> time's running out, iran. that's not new. i guess secretary kerry has a got a lot on his plate. >> he does and iran is front and center much one of his senior officials is in kazakhstan to meet with the iranian government and the russians, chinese and europeans. that statement was meant to tell the iranians our patience is not unlimited and if they have to agree to real negotiations and show they're willing to compromise. >> shepard: any sense that secretary kerry might have success where others have not? >> well, i wouldn't say that the policy has failed. i see a close link between what president bush tried to do. i was in that administration, and what president obama has tried to do. they brought great pressure to bear with the financial and economic sanctions. the currency is deappreciating and oil production is down. we'll have to see if the iranians will bend a little and greeted to negotiations. i wouldn't call it defeat and i think secretary kerry is right to forge ahead. >> shepard: the sense is iran has not fallen into such internal collapse that it will be able to make a subtle shift to get on the right path. >> there are negotiations the next two days but we're going to have to wait until june. ahmadinejad will be out the door and he's a discredited figure. after that election, then you're going to have more hopefully centrality of purpose in the iranian administration to make a decision to have big negotiations with the u.s. and other countries. i would think this diplomacy would stretch out into the summer. >> nicholas burns, good to see you. thank you. >> thank you. apparently some of the folks in iran do not agree with the academy's decision to give "argo" an oscar for best picture. tehran city council member, one of the students to occupied the u.s. embassy courage the crisis says the film exaggerates the violence. bootleg copies are selling in tehran for less than a dollar. some call it a fresh new view. hollywood exaggerating, that's quite a twist. prosecutors in the trial of a woman accused of shooting and stabbing her boyfriend 27 times on the offensive. it's the protection's turn against jodi arias. she spoke for what seemed like the better part of five years to her own defense attorney. it went okay. now it's the opposition's turn. so you can't remember the stabbing once, then 27 times? but you remember what kind of coffee you got at starbucks. a lot of work to be done. more dramatic testimony about the night she killed her boyfriend in a live report. that's next. [ male announcer ] ah... retirement. sit back, relax, pull out the paper and what? another article that says investors could lose tens of thousands of dollars in hidden fees on their 401(k)s?! seriously? seriously. you don't believe it? search it. "401(k) hidden fees." then go to e-trade and roll over your old 401(k)s to a new e-trade retirement account. we have every type of retirement account. none of them charge annual fees and all of them offer low cost investments. why? because we're not your typical wall street firm that's why. so you keep more of your money. e-trade. less for us. more for you. there's no subtext... just tacos. yeah, it's our job to make you want it. but honestly... it's not that hard. old el paso. when you gotta have mexican. >> shepard: testimony in an arizona courtroom as prosecutors grilled the woman who remembers shooting her ex-boyfriend but doesn't remember stabbing him 27 times or slitting his throat. jodi arias told three different stories. first she said she had no clew. then she blamed it on masked intruders and eventually settled on self defense. prosecutors hammered hard on her lies saying she tells the truth only when it's to her advantage. that led to this back and forth. >> who would be sure about your statements? >> god. >> well, god's not here. we can't subpoena him, right? >> i don't think so. >> you don't think so? are you sure? seems you're leaving the door open for that. >> last week jodi arias admitted she did kill her ex-boyfriend but couldn't remember the details like the dozens of stabbings. trace gallagher has it all. the prosecutor is again questioning her memory, trace. >> yeah. because she remembers like what kind of coffee she had at starbucks in 2008, remembers the minute details of her sexual relationship with travis alexander but doesn't remember anything about the killing. nothing about the stabbing, the shooting but she recalls putting the knife in the dishwasher and ditching the gun in the desert. here's the prosecution questioning how she remembers these things. >> so you do have a good memory, right? you just showed me you have a good memory for events that occurred before july 16 are 2008, right? >> i reviewed those things so i memorized them. >> so you actually sat down and you memorized -- how is it -- what did you memorize it from? >> date and time stamps. >> this by the way is jodi arias's tenth day on the stand. >> shepard: didn't she claim she didn't even know the guy was dead? >> now she claims that she kind of knew he was dead, but that she didn't want to believe it. she was kind of in denial. but a day after the killing, she told her friends in utah that alexander was alive, that she loved him and wanted her future kid to play with her friend's future kids. a day after the killing she also kissed another man. here's the prosecutor again. >> ma'am, what is hard to explain about a person breathing or not breathing in? why is that a difficult concept for you? >> because i never killed anyone before. >> so because you never killed anyone before, you're having a problem deciding whether or not the person is dead, right? >> i'm having a hard time describing my state of mind during that time. >> reporter: the trial has now resumed. the afternoon testimony is underway. we'll have a full report of the afternoon testimony later on the "fox report." >> shepard: she seems measured. do we have a sense for her demeanor when we're not playing sound bites? >> no, it's a good fundraise, measured. -- phrase, measured. in previous days she shot back at the prosecutor when he asked questions. today they get into a back-and-forth and jodi arias tried to kill herself in jail. in this casing herself with a knife. then she and the prosecutor were saying, he asked her did that hurt you? the exact exchange was can you imagine how much it must have hurt mr. alexander when you stuck that knife into his chest. that really must have hurt, right? she nodded her dead because she said when she nicked herself, it hurt a great deal in jail. >> shepard: thank you. a new study confirms that you don't have to sacrifice delicious food for a healthy diet. eating mediterranean food and drinking wine can reduce your risk of heart attacks, strokes and death. details on this just ahead. [ coughs ] [ angry gibberish ] i took something for my sinus, but i still have this cough. [ male announcer ] a lot of sinus products don't treat cough. they don't? [ male announcer ] nope, but alka seltzer plus severe sinus does it treats your worst sinus symptoms, plus that annoying cough. [ breathes deeply ] ♪ oh, what a relief it is! [ angry gibberish ] >> shepard: you may have heard the hype about the mediterranean diet. in a major study it confirms it's the real deal. the first clinical trial shows eating a diet rich in olive oil, nuts, beans, fish and vegetables cuts your risks by 30%. you can have a glass of wine every day of the week. until now, evidence of the med trainer diet's health benefits was based on mediterranean countries have lower rates of heart disease. >> then there's this. robert smith is now legally cleared to whistle. but he has to keep walking while he does. big improvement more the whistler. over the last year or so, people in the neighborhood where smith does his whistling complained because he's so loud they can hear him from a block away. police arrested him for disorderly conduct. smith made a deal with the prosecutor, he can whistle until he's blue in the face as long as he doesn't stand in one place. dow time. a late development. the dow is off 200 points. this morning it was up 40 or 50 points around 10:00, then we get exit polling out of italy and the polling was weird and concerning to people on wall street. now they're concerned about political gridlock in italy as a result of this. the dow started going down and then it just kept going down. off maybe 60 points at 3:00. the top of "studio b," and we've dropped another 130, 140 points and we're lucky there's not nor time in the