Transcripts For FOXNEWSW Americas Newsroom 20120723

religious leaders calling for strength. >> in aurora, while our hearts are broken, our community is not. we will take this experience and use it to strengthen our commitment to each other. >> to the families of those gathered here today, we remain here for you. our community is here for you. colorado is here for you and always will be. >> the senseless and evil act of violence left many of us wondering how and why this could happen. these questions arise when the everyday securities and certainties of life, the trust we carry in our fellow human beings, that we can go safely to work each day or go to school or to the movies are shaken. it's natural for us to wonder why does this kind of suffering happen and what does it really mean. martha: boy, indeed it is. those are the big questions this morning and police say that the 24-year-old suspect, james holmes is refusing to cooperate ahead of his court appearance which happens this morning. right now he is in solitary confinement. alicia acuna is live outside the courthouse in centennial, colorado, where this will play out in next couple hours. how is this expected to go? >> reporter: this could all be over with in five minutes or less. this is just the beginning of the process. it is set to begin at 11:30 eastern, 9:30 local. holmes could be advised of his rights. the government has 72 hours to file formal charges from the time of the advisement and bond could be set. right now he is being represented by a public defender, however, that could change. we will have a few people in the courthouse behind me here today. we'll bring that information to you live. martha? martha: you had an opportunity to talk to one much these sheeting victims who hopes to be there when this plays out in the courtroom today, right? >> reporter: absolutely, yes i did. her name is mikhail la hicks. she and her friend laurie were actually in theater 8. this was the theater next to theater nine, the one where the shooting actually took place. mikhail la was one of those people shot through the theater wall. she has a bullet lodged in her chin. doctors say it is safer there right now. she wanted her to rest after the tv interviews but she will try to get in the courtroom. >> i want to go to the courthouse and see as much as i can. if i can get in, see this guy, for how much hurt he has done to this whole state, this whole nation i don't think he is hurting yet and he needs to. >> reporter: holmes is held in solitary confinement and will be moved via underground tunnel in the facility to the courtroom. martha: that will be quite a scene. what a strong young lady. you will see more of her later this hour. gregg: she surely is. police and federal agents uncovering new details from inside side holmes's apartment. first they had to get inside. they removed and detonate ad elaborate series of booby-traps. there is one explosion. they believe he rigged the place to blow up when somebody, anybody opened the door. they size ad computer tower inside that will be critical to their case. >> we wanted the evidence inside that apartment. we have taken custody of a computer. the potential to get evidence out of that computer is very important to us. every ounce of evidence will help us hold this person accountable. so, it was a very, very high priority that we recover evidence and i'm so grateful that we had the bomb professionals from the feds and our local agencies to help us do that. gregg: agents also seizing 10 gallons of gasoline and a poster and a mask related to the "batman" movies. martha: we'll get back to that in just a moment. we want to go to the ncaa statement on penn state. let's listen in. >> and the powerful people who let them down. there's also been much speculation on whether or not the ncaa has the authority to impose any type of penalty related to penn state. not only does the ncaa have the authority to act in this case, we also have the responsibility to say that such egregious behavior is not only against our bylaws and constitution, but also against our values system and basic human decency. the executive committee which acts on behalf of the entire association, and implements policies to resolve core issues, alongwith the division i board, a body of presidents representing all of division i directed president emert to investigate the circumstances surrounding the penn state tragedy and if appropriate make recommendations regarding punitive and corrective measures. as a result of the information produced from the sandusky criminal investigation and the freeh report which penn state commissioned and also agreed to its findings, it became obvious that the leadership failures at penn state over an extended period of time directly violated association bylaws and the ncaa constitution relating to control over the athletic department, integrity, and ethical conduct. the corrective and punitive measures the executive committee and the division i board of directors have authorized should serve as a stark wake-up call to everyone involved in college sports that our first responsibility as outlined in our constitution is to adhere to the fundamental values of respect, fairness, civility, honesty, and responsibility. i'll now turn to president emmert to discuss today's actions and what is expected of penn state in the future. president emmert? >> the penn state case has provoked in all of us deeply powerful emotions and shaken our most fundamental confidence in many ways. as we, the executive committee, the division i board and i, have examined and discussed this case we've kept foremost in our thoughts the tragic damage that has been done to the victims and their familis. no matter what we do here today there is no action we can take that will remove their pain and anguish but what we can do is impose sanctions that both reflect the magnitude of these terrible acts and that are also insure that penn state will rebuild an athletic culture that went horribly awry. our goal is not to be just punitive but to make sure the university establishes an athletic culture and daily mind set in which football will never again be placed ahead of educating, nurturing and protecting young people. more than 100 years ago the ncaa was created to insure that sports are fully integrated into our colleges and universities and that the athletic programs wholly embrace the values of higher education. our constitution and bylaws make it perfectly clear that the association exists not simply to promote fair play on the field but to insist that athletic programs provide positive moral models for our students, enhance the integrity of higher education, and promote the values of civility, honesty and responsibility. the sanctions we are imposing are based these most fundamental principles of the ncaa. with these intentions in mind the executive committee, the division i board and i agreed upon the following sanctions. first, the ncaa is imposing a fine of $60 million on the university with the fund to be used to establish an endowment to support programs around the nation that serve the victims of child sexual abuse and seek to prevent such abuse from happening. this amount is equivalent of one year's gross revenue of the football team. second, penn state football will be banned from bowl games and any other post-season play for four years. third, penn state's football team will have the initial scholarships reduced from 25 to 15 per year for a period of four years. in order to minimize the negative impact on student athletes, the ncaa will allow any entering or returning football student athletes to transfer and immediately compete at the transfer university provided he is otherwise eligible. further, any football student athlete to wants to retain -- remain at penn state may retain his athletic grant and aid as long as he meets and maintains appropriate academic requirements regardless whether he competes on the football team. fourth, the ncaa vacates all winds of the penn state football team from 1998 to 2011 and the records will reflect these changes. fifth, the university athletic program will serve a five-year probationary period during which it must work with an academic integrity monitor of the association's choosing. and finally the ncaa is reserving the right to initiate a formal investigation and disciplinary processes to impose sanctions as needed on individuals involved in this case after the conclusion of any criminal proceedings. beyond these sanctions the ncaa is imposing other corrective actions to insure that the intended cultural changes actually occur. the ncaa is requiring the university to adopt the formal reforms delineated in chapter 10 of the freeh report, particularly section 5.0. additionally the association is requiring penn state to enter into an athletic integrity agreement with the ncaa and the big 10 conference. this agreement will require the establishment of a chief compliance officer position, a compliance counsel, and an array of control mechanisms that are intended to insure the athletic culture will be fully integrated into the broader university. and finally the ncaa will select and independent athletics integrity monitor to will, for a five-year period, report quarterly to the ncaa, the university's board of trustees, and the big 10 conference. they will report on the progress penn state is making in implementing all provisions of this agreement. let me address also the issue of the so-called death penalty. the executive committee, the division i board and i, had extensive discussions about the appropriateness of imposing the suspension of football for one or more years. an argument can be made the egregious of the behavior in this case is greater than any other seen in ncaa history and that therefore a multiyear suspension is appropriate. after much debate however, we concluded that the sanctions needed to reflect our goals of driving cultural change as much as apply punitive actions. suspension of the football program would bring with it significant unintended harm to many who had nothing to do with this case. the sanctions we have crafted are more focused and impactful than that blanket penalty. moreover, the actions already taken by the new chair of the board, karen petes and the new president, rodney ericson, have demonstrated a strong desire and determination on the part of penn state to take the steps necessary for the university to right these severe wrongs and were appreciated by all of us. for the next several years now penn state can focus on the work of rebuilding its athletic culture, not worrying about whether or not it is going to a bowl game. with the sanctions imposed today, the new leadership the university we hope, indeed we intend to insure that that will be the case. in closing let me say that this case involves tragic and tragically unnecessary circumstances. one of the grave dangers stemming from our love of sports is that the sports themselves can become too big to fail, indeed, too big to even challenge. the result can be an erosion of academic values that are replaced by the value of hero-worship and winning at all costs. all involved in intercoledgic athletics must be watchful that programs and individuals do not overwhelm the values of higher education. in the penn state case the results were perverse and unconscionable. no price the ncaa can levy will repair the grievous damage inflicted by jerry sandusky on his victims however we can make clear that the culture, actions and inactions that allowed them to be victimized will not be tolerated in collegiate athletics. i would be happy to take your questions. >> harold hays kdk, pittsburgh. the paterno family issued a statement yesterday the calling the freeh report pretty much an indictment, a charging document, not necessarily a verdict. don't you usually conduct your own investigation and why did you rely so heavily on the freeh report? >> the freeh report as well as the data that came out of the criminal trial provided extensive information in this case. the report has been accepted by the university itself. it was the result of more than 450 individual interviews and an examination of more than three million e-mails and other documents. it is vastly more, more involved and thorough than any investigation we have ever conducted. >> next question. >> mark dennis, cbssports.com. does this open up some sort of pandora's box for future cases or is this unique in of itself? >> this case is obviously incredibly unprecedented in every aspect of it, as are these actions we're taking today and we do not see them as opening pandora's box at all. this is a very distinct and very unique circumstance. >> mark. pat forte, from yahoo! sports. along those lines how much communication have you had from penn state in this and do you expect them to appeal in any way? >> we have informed penn state of the findings. the adoption of the findings coming from the freeh report and also of our penalties. we have crafted this in the form of a consent decree which the university has signed as well as we have. >> pete, wjla harrisburg. classify the seriousness of these sanctions to me. do you consider those more serious than the death penalty? >> i leave those surge gents to you. obviously these are very serious serious sanctions. we hope and president ray and the executive committee hope the fine that is being imposed will allow some very serious good to be done out of this circumstance. the imposition of both the corrective measures and the punitive actions will most certainly have a significant impact on the university. that's their intention. i will leave it to all of you to speculate whether that is better or worse. i think one of the mischaracterizations that is out there that these penalties are coming somehow instead of a death penalty. i think that would be a false assumption. if the death penalty were to be imposed i'm quite sure the executive committee may ask president ray to speak to. the executive committee and i would not have agreed to just the death penalty. it would have agreed to other penalties as well. president ray. >> let me --. >> wow big decisions from the ncaa with regards to penn state. they have watched and been part of the investigation gone on at the louis freeh level and the criminal level. they say that far surpassed any investigation they could have done on their own. they see this as a unique circumstance that requires this unique response. they will be banned from bowl games for four years. the list goes on and on in terms of the punishment penn state will have and also the rebidding measures they are forcing the university to take. let's bring in rick leventhal, who is live in our newsroom with more on this. rick, what's your reaction based on your background on this story to these sanctions? >> reporter: well it is a stunning series of events, martha. absolutely stunning level of penalties being imposed against penn state. you may have heard at the very beginning of that news conference the ncaa said that admitted these are historically unprecedented actions. they said warranted by the conspiracy of silence maintained at the highest levels of the university and a reckless and callous disregard of children. now what we're, what we've now learned is the fine of $60 million is the annual grossrevenue, the average gross revenue of the penn state football program. that is one year. it is not about the machine any in this case. the post-season ban, four-year post-season ban. only one other football team gotten a four-year ban. three others got a three-year ban. this is a very long ban on postseason play. how about vacating all the wins from 1998 through 2011. all those wins wiped off the books. joe paterno's wins wiped from his record over that 1, 14-season stretch. there are also cutting 20 scholarships each year for the next four years. basically anyone involved in this football program is feeling big sting from this to say the least. any football player at penn state could leave now and play somewhere else but time is of the essence. martha: they can leave and play somewhere else and stay where they are and get the money they were promised even if they decide not to play in the program. >> reporter: right. martha: a huge punishing sentence for the program and you have to wonder what the victims response to all of this would be if only this heavy hand had come down on these individuals at a time it would have made a difference for these victims. they are clearly trying to fix the problem going forward with this. it is a stunning outcome. rick thank you very much. >> reporter: sure. martha: rick leventhal who has been watching this story throughout. it is an absolutely stunning outcome. there are two sets of victims basically. you have got the victims who were, these crimes were perpetrated upon and the people who wanted to play in it program, spent their whole life getting ready for it. they suffer, both in their own way. >> the death penalty would have been over in a year, suspension in a year or two. this prolongses it over four years. so it is devastating to the program. a community coming to grips with the man that lived among them as we await the first court appearance of shooting suspect, james holmes. >> oh, my god. in my house, he killed the people. so i scared. gregg: what can we expect in court and what of the insanity defense? last season was the gulf's best tourism season in years. in florida we had more suntans... in alabama we had more beautiful blooms... in mississippi we had more good times... in louisiana we had more fun on the water. last season we broke all kinds of records on the gulf. this year we are out to do even better... and now is a great time to start. our beatches are even more relaxing... the fishing's great. so pick your favorite spotn the gulf... and come on down. brought to you by bp and all of us who call the gulf home. do you have any idea where you're going ? wherever the wind takes me. this is so off course. nature can surprise you sometimes... next time, you drive. next time, signal your turn. ...that's why we got a subaru. love wherever the road takes you. martha: break being news unfolding right now. the ncaa has come forward with its punishment and sanctions of penn state university. a $60 million fine will be leveled defense the university. it will be used nationwide for programs to prevent the kind of things that happened at penn state from happening at other programs. that is a one-year gross revenue of the football program that they used to benchmark that number. $60 million, a four-year ban on post-season play for the football team at penn state. and also any player that had been brought there to play football on scholarship money can transfer to any other university that wants them with no penalty or they can stay at penn state, choose not to play football and continue to receive their money. a number of stunning statements that came from mark emmert, the president of the ncaa one which really stood out in my mind. he said never again will football come before the rights of human beings. he talked about how in many cases the athletic program has superseded so many other important parts of an education at the university level. in this case so egregious at penn state. we'll have more on this coming up a little later in the hour. stick around for that. gregg: israeli prime minister benjamin netanyahu now blaming iran's rogue regime for the homicide bus bombing attack in bulgaria that killed five israelis. mr. netanyahu claiming that iran is hiding behind the hezbollah terror organization that he believes is responsible for the latest tragedy, adding that iran's nuclear program must be crushed. here he is on "fox news sunday". >> now imagine these people who are capable of doing anything, imagine them possessing nuclear weapons, people who gunned down innocent people, who sent suicide bombers who could block the straights of iran and threaten to annihilate israel, taken over your embassy, you want these people to have atomic bombs? i think this is a reminder, this wave of terror attacks, that the world's most dangerous regime must not be allowed to have the world's most dangerous weapons. gregg: kt mcfarland is a fox news national security analyst and joins us now. the prime minister right, was iran likely behind this and if so what will the israeli response be? they always respond and they have vowed swift response with force. >> well here's, gregg, in this year since january, iran has sent assassinations squads all around the world to kill israelis. they sent one to washington, d.c. they have been to bulgaria, azerbaijan, kenya, cypress. i could have a long list. according to "the times of london" there could be a hit quad in london looking for israeli athletes at the olympics. why is iran doing this? because it is trying to divert attention from its nuclear program. it is trying to convince israel to counter attack, to strike back, strike back where, hezbollah that is iran's hit squad. that is the group that goes around the world in terror attacks. where do they live? in southern lebanon. if israel takes a bait and attacks hezbollah in southern lebanon, that could ignite a arab-israelly war. what does that do? give iran time for its nuclear weapons program. gregg: unless israel takes action elsewhere. which invites the question does this invite the notion as suggested by the prime minister on sunday that israel which launch a tactical strike against nuclear sites, not go after hezbollah? >> that has always been the question and particularly if iran's steps up its nuclear weapons program. you know they have just lost a major strategic about ally, syria. syria in civil war, assad their good friend is about to fall and iran's two goals in the region, nuclear weapons and also to control the region from the persian gulf to the mediterranean that is now in question because of the apparent soon fall of assad. so what is israel going to do to retaliate against not only the bombings, not only assassinations but to iran's nuclear weapons program? only time will tell. but israel always retaliates. gregg: let me switch to syria. do you think israel is prepared to cross the border and seize control of that vast stockpile of suspected chemical weapons which, if they fell into the hands of terrorist organizations, could be devastating? >> yeah. we know that syria has one of the largest stockpiles of chemical weapons in the world. they have cyanide, mustard gas. they have various other kinds of chemical weapons. we also, according to u.s. intelligence, the iraqi chemical weapons were trucked over the border into syria before the iraq war. what will israel do? the question is where are those chemical weapons? does assad have them? would he use them against his own people like his father did? will those chemical weapons fall into the hands of hezbollah and other terror groups and potentially used against israel. i have to assume that the cia and well as israeli intelligence are, a, looking for chemical weapons and are prepared to take action before they fall into the hands of bad guys. gregg: kt mcfarland. as always, thank you very much. >> thanks, gregg. martha: ugly chants and riots. watch this. [shouting] nasty confrontation between protesters and police. a closer look at what set this off. gregg: police say the suspect in friday's deadly shooting rampage in colorado, refuses to cooperate ahead of his first court appearance, coming up very shortly. our legal panel on what to expect as we continue to remember the victims. >> innocent innocence, innocence was lost. >> hit home. >> this is just horrible for colorado, for anyone. i mean for, who does this kind thing? [ male announcer ] it's a golden opportunity... to experience the lexus performance line... including the gs and is. [ engines revving ] because control is the ultimate expression of power. 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[ male announcer ] join the millions of people who have already enrolled in the only medicare supplement insurance plans endorsed by aarp, an organization serving the needs of people 50 and over for generations. remember, all medicare supplement insurance plans help cover what medicare doesn't pay. and could save you thousands a year in out-of-pocket costs. call now to request your free decision guide. and learn more about the kinds of plans that will be here for you now -- and down the road. i have a lifetime of experience. so i know how important that is. gregg: fox news alert. awaiting the first court appearance of suspected colorado gunman james holmes. police saying he is not talking but that can not stop the wheels of justice. here is some of what we expect today. >> they will get a case filing. they will get some basic information to tell them what charges are appropriate and then the investigation will go on. they believe he is not competent to proceed, he will get sent down to be evaluated at the state hospital. gregg: janet johnson, a defense attorney licensed in colorado, anne-marie mcavoy is former licensed federal prosecutor. let me start with you. competency is understanding the charges against you and assisting to your defense. that sounds easy. i would point attention to the tucson shooter. it has been year far and jared love ton is yet to be held competent to stand trial. he is refusing to take his meds and the state is trying to force him. conceivably that could happen here, right? >> assuming he doesn't know what was going on there are reports that people at the jail said he was spitting, behavinger raticly and wasn't seeming to be competent. i suspect that will happen. today is important step, the initial advisement where he is told what the charges are and if he can comprehend that and his lawyers. it sound simple, but if he that ill it won't be that simple and he will go to a hospital. gregg: ann thatry, suppose he goes past competency and the issue is sanity. what if this man lives in an alternative reality? what if he really does think he is the joker, a character in a comic strip and a movie? and he's living in this fictional universe which bullets don't really kill. so in his mind he is not actually murdering people, he is playing a role. would that negate the intent to kill and qualify as insanity? >> well it's going to be a problem. the prosecutors are going to have to deal with that. they're going to have to look at him and see, i think that it is going to be difficult though for the defense to actually show that's the case because he was going to school. he apparently completed the first year and, you know, only a few weeks ago was taking tests and so on at school. so if he really did live in such an alternative universe he wouldn't have been able to do all of that. the other questions, even when you're talking about competency or insanity, is he smart enough to be able to put on all these airs, to act like he is crazy? gregg: sure. >> to, in order to be hopefully found in his view insane as opposed to having to face the death penalty? gregg: you know what, janet? the guy who ran the rifle range, called up on the phone, the answering machine for the defendant, was incoherent. it was sort of this batman-inspired rambling discourse. of course, before he shot up the movie theater i said i'm the joker. when he was captured he said i'm the joker. then he began, almost in character this hideous laughter characteric of the comic book character, the joker. boy -- >> right. gregg: do you have have serious reservations about this guy's sanity? >> well if he is faking it or malingering as we say he is doing it for a long time. i think that would be a very difficult order to prove. i suspect, that is the problem with insanity and irresistable i will impulse is part of colorado's insanity you could fake it. presumably professionals who test him would be able to tell if he is lingering. he was living in that persona for a while i would doubt that is premeditated. it's a tough defense. gregg: we're reading across the wires prosecutors are suggesting the death penalty here. there are several ways you can do it. one is, annmarie, multiple victims. the other is acts that are heinous, atrocious and cruel, hac is the acronym. boy if there is a death penalty case is this it? >> i would be surprised if they don't ask for it. to compound the problem not only did he do heinous things at the movie theater what he planned to have a have at the apartment on top of it. this was so premeditated and so planned out. he spent months putting this together. putting the booby-traps together whoever who would have walked in there, potentially wouldn't only killed the person who walked in and potentially on the floor, the whole building and maybe even more. this is so awful what he did. it goes beyond even just a movie theater. i would be very surprised if they don't ask for the death penalty. gregg: this may come down to the battle of the psychiatric experts. ann marie mcavoy and janet johnson. thank you for being with us. >> thank you. martha: we want to look at the dow which is under a lot of pressure this morning. it is down 216 points right now. a couple things going on here. some concerns about spain being able to maintain its financial sovereignty. whether or not the country will need a bailout. also greece once again is on the brink of approaching an exit from the eurozone. a couple of very complicating factors for the overseas markets that really truly affect us at home and make us much more concerned about whether or not we'll see a double-dip recession in the u.s. markets. down 220. we'll keep an eye on that this morning. gregg: a sobering new measure of tough economic times, poverty poised to hit levels not seen in half a century. pennsylvania republican senator pat toomey will be here to talk with martha about his take on this. martha: chased from their homes within a matter of minutes. what forced dozens of people to evacuate. >> no clothes. no nothing. we don't have no place to sleep. everything is full of water. >> it was wet. water in the bathrooms. water coming up. sic plays, reco] hi, i'm new ensure clear. clear, huh? 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(male announcer) call... ...to schedule a free consultation with a hearing care professional near you and to try invisible hearing ds free for 30 days. that's... ...or visit invisiblehearingaid.com today. gregg: want to show you a videotape after near riot. take a look at this. [shouting] that is anaheim, california. police firing nonlethal bean bag bullets. a police dog accidentally got loose. the dog attacking a man in the crowd. known gang members joined the crowd and started throwing rocks and bottom he is. demonstrators gathered outside the police department after a man was killed during an officer involved shooting this weekend. an investigation into that shooting is pending. martha: some dire new predictions out today on the fate of america's poor. the u.s. census bureau says that poverty levels are on track to reach heights we really haven't seen since the 1960s. in 1965, 17.3% of americans live below the poverty line. 33 million people. now the latest report from 2010 which are the latest numbers that we have, and they look to be creeping up a bit from there according to the estimates are 15.1% of all americans are at or below that poverty level. as i said they think that when we release the 2011 numbers which will happen shortly before the election it could show there is even a little bit more of an up take for that -- up tick from that number. i'm pleased to be joined by pennsylvania republican pat toomey on that committee and thanks for being here, today. >> thanks for having me. martha: when you loo numbers, one in six in america on the food stamps falling below the poverty levels, one of the first things i came to my mind when i saw the number, back to the '60s is the great society, president johnson, the creation of all these programs to prevent this from happening in the coming decades whether or not that is a failed experiment? >> clearly it hasn't worked. these programs just keep growing. you mentioned food stamps. spending on food stamps has quadrupled in the last 10 years. a stunning increase, huge expansion of these programs. the problem here, martha, we don't have a strong economy. we're not creating jobs. there is no substitute, there is no better anti-poverty program than jobs. as long as we have this feeble economy which think is caused by really flawed policy coming out of washington, as long as this is the case, then sadly these numbers are not going time prove. martha: one of the things that strikes me with a number of people i talked to recently about this we're seeing it creeping into areas we didn't see before. people who used to volunteer are looking for that kind of help themselves. it is in the suburbs. it is in places we didn't see it before. even here in the cities, more people out begging for money in i noticed in recent weeks and months. crime rate seems to be up in some of our inner cities, you get all of these other impacts. >> this is what happens when people don't have work. even though the unemployment rate seems to have leveled off somewhere at a totally unacceptable level, somewhere around 8.2%, understates how bad this is by a lot. the reason it is dropped, people are giving up. they're not looking for work. the percentage of americans actively participating in the workforce is now at a 27-year low. this is why we've got to change what -- the current policies are not working and we've to the to change our course. martha: i'm curious when you think about this. there is a lead story in the financial times this morning, that quotes john williams, the president of the federal reserve bank in san francisco. basically he thinks further action needs to be taken to increase the progress and to boost the jobs market. is talking about basically printing more money in, more stimulus, right, from the fed? >> we've been doing this for four years now. the federal receive printed about 2/3 of all the money the government borrowed last year. we're monetizing our debt. this is extremely irresponsible in my view and very dangerous. the fundamental problems afflecking our economy are not monetary in nature. it is massive overregulation. it is spending that is completely out of control and driving huge deficits. it is the threat of massive tax increases. an administration seems almost hostile to the private sector and certainly denigrates entrepeneurship. this is an environment where we shouldn't be surprised we're not creating jobs. we have to change this so we can create the kind of jobs and economic growth that will lift people out of poverty as we've done in the past. >> sounds as those there are solutions you see that so many people say are easier said than done. you look at number of people falling under that level and who need help and relying on some of the systems that built in that i talked about in the great society. what do you do to get past the point where you help them and change the underlying systems? >> well, as i mentioned before, if we push back some of these regulatory excesses like the obamacare bill, like dodd-frank, like an epa that has been out of control those things alone would encourage economic growth and job creation. if we then reform the entitle programs so they serve the people who really need it but mutt them on a sustainable path, i think there would be tremendous confidence in the economy again and we would see an increase in investment at the end of the day solution to poverty is more jobs and more opportunities and bringing people back to work. that's what we should be doing. martha: boy, it's a tough situation. thank you very much, senator toomey. good to have you here today. >> thanks for having me. martha: see you soon. gregg: there seems to be no end to the heart break in aurora, colorado. brent fought to save his fatally wounded friend, jessica gawhi, even after he took a bullet. the father of this young man joins us in "america's newsroom" to tell us how he is doing. martha: these two girls vanished near a lake 10 days ago. now police and the fbi believe the two cousins could still be alive. a former homicide investigator on what to make of these latest developments. >> that you know of or talk to anyone who was at miers lake on friday the 13th, for any reason whatsoever please contact local law enforcement. even if you think you don't have any information that is important to this case investigators want to talk with you. don't assume we know what you know. are you receiving a payout from a legal settlement or annuity over 10 or even 20 years? call imperial structured settlements. the experts at imperial can convert your long-term payout into a lump sum of cash today. gregg: deadly day of bloodshed in iraq as a series of apparently coordinated bombings and shootings across the country kill more than 100 people. greg palkot live from london with more. so, greg, what is the latest on this? >> reporter: gregg, it is the worst violence that country has seen since we watched u.s. troops leave iraq going into kuwait just back in december. we spoke to our fox news contact in baghdad, he says in his words the place is close to the brink. al qaeda in iraq claiming responsibility using all the tools we've seen them use over the years in iraq. car bombs, suicide belt blasts. truckloads of gunmen firing away, happening all across the country from the center of baghdad to other hot spots. iraqi military and are targeted but as always civilians caught in the cross fire. gregg: greg, do we have any idea why this is happening? >> reporter: probably several reasons, gregg, speaking to our contact there is deep unhappiness in various sectors of the population with the government right now. al qaeda in iraq is gaining ground it lost to the americans while the americans were still in iraq. finally the war next door is having an immediate effect. in syria right now sunnis and islamists are leading the battle. right across the border in iraq those are the same people involved with this. there is a lot of back and forth. radicals and refugees, a tough and unstable neighborhood, gregg. gregg: greg palkot live in london. thank you very much. martha? martha: penn state slammed today with an unprecedented series of penalties in the wake of jerry sandusky's abuse case. we'll have more what the outcome is for the university and football program coming up. gregg: new details on the colorado massacre and the 12 victims who lost their lives as we await the first court appearance by the man who called himself the joker. >> eventually it stops. and when it stopped i really thought he was probably just reloading and now going to start talk walking up and down the theater and killing everyone. that was probably the lowest point of the night i would say for me personally, where i really thought, maybe this is the end. 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[ female announcer ] and now, try our new chocolate chip cookie 90 calorie brownie. ttt but centurylink is committed to being a different kind of communications company by continuing to help you do more and focus on the things that matter to you. martha: fox news alert now. we are waiting for our first look at the suspected madman behind one of the worst mass shootings in u.s. history in about an hour from now, james homes is expected to be brought into court for the first time since that horrific night in the early morning hours over the weekend, inside that colorado movie theater that took 12 lives. that's how we start this brand-new hour of "america's newsroom." glad to have you with us, everybody, i'm martha maccallum. >> i'm greg jarrett in for bill hemmer. the police spent the weekend taking evidence from his apartment getting past the booby traps and bombs. >> we wanted the evidence in side that apartment. we've taken cuffed the computer. the potential that we might get evidence out of that computer is very important to us. every ounce of evidence will help us hold this person accountable. it was a very, very high priority that we recover evidence and i'm grateful we had the bomb professionals from the feds and our local agencies to help us do that. it was a great relief, both from the hazard standpoint that we mitigated the hazard and we recovered the evidence. i suspect we'll be sifting through the evidence for months. gregg: as the evidence grows, so does the makeshift memorial for the victims, for each of the 12 that were killed. >> i had to come down and wish a family member goodbye in way, seeing his name there on the cross, and you realize that this is real, this is not a story. >> the devastation, i mean really, these innocent people, a little girl, you know. this is just horrible for colorado, for anyone. who does this kind of thing? >> the strength of the human spirit mobilizes a pow their will overcome obstacles as painful as this. martha: incredible, you listen to the voices of those people and you can sense what it is like to be in colorado this morning. and jon scott has been live for us in ah aurora throughout the course of this. what is it like for people there as it continues to sink in? >> the juxtaposition of the weather versus the crime here, martha, is just incredible. it is another beautiful, blue sky day here in colorado. it's part of the thing that people move here for. tremendous sunshine in this state, lots of outdoor activity, lots of friendly, fun loving, outdoor people, and then you have a crime-like this. we were -- you were talking a moment ago about the inside of the apartment. last night from a source i saw a photo of what the inside of that apartment looked like, and it is beyond bizarre. it looked like small bowling balls, or bowling balls covering the floor, each of them wired to this chris-cross grid of trip wires. and i'm told there were two devices attached to the front door, a primary ignition, for lack of a better term and then a back up in case the first one didn't work. they were essentially designed to cut in half the first person who walked through the door, and then set off a cascade of fires, explosions, bombs, and the like. it was a tremendously dangerous operation, and you can see why authorities were so ginger in removing that stuff. they now have a mountain of evidence, though, against this suspect they say, and they are still combing through it from the computer hard drive and other materials they were able to remove from the apartment, because the apartment did not burn as the suspect apparently intended. so, about an hour and a half from now he will make that first court appearance. it is expected to be very short, very profunctory. he will be made aware of his rights. he will perhaps be made aware of the charges against him, and technically there is a possibility for a bond setting, but there isn't a single person on the planet who believes the bond is going to be set in this case for james holmes. martha. martha: you know, jon having covered so many of these kinds of cases over the years, it's more rare than not, i would say, for us to be able to see the suspect actually walk in. i mean often they take their own lives in the course of these kinds of actions as they carry them out. so we are going to get a look at this 24-year-old james holmes east walks in there. i'm curious, with the people that you've spoken to on the ground there, what are they thinking this morning as we move sort of to the legal process and the punishment process for this suspect? >> one of the interesting things that i heard last night, again speaking to my source, who was there in the early minutes, as all of the chaos was going down, and as homes wa holmes was being arrested, he cast some doubt on this whole notion that holmes was wanting to appear as the joker. he said, you know, that story came from new york city's police chief, who is close to aurora's police chief dan oats in a news conference in new york city when asked about it it was chief ray kelly saying something about this guy wanting to be the joker. one of the officers on the scene there told me that they don't necessarily go along with that but, you know, all of the information is going to be sort of compartmentalized and trag meante fragmented and one guy might have seen something or heard something that nobody else did. i think the state wants to get a lock at this guy and wrap your mind around who could do something like this. the suspect in such a horrendous crime. martha: we'll get to awful the different input from the people who are there at the scene. it's interesting that there is a discrepancy in the stories, jon, because a lot goes to that when we start talking about the insanity plea that he may put forward through his thorpbs. thorpbs. attorneys. jon, thank you. a tough, tough story for everybody in colorado. we are going to get our first look at the 24-year-old when he appears in court at 11:30 eastern time. you will see that on "happening now." that will come up at the top of the hour when jon and jen a take over at that point this morning. gregg: lots more coverage of this tragic story still ahead. in the meantime president obama traveling to colorado offering comfort to a community rocked by the senseless violence. the president meeting with survivors and those who lost loved ones. he addressed the nation from the university of colorado hospital at aurora. >> my main task was to serve as a representative of the entire country and let them know that we are thinking about them at this moment, and will continue to think about them each and every day. and that the -- that the awareness that not only all of america, but much of the world is thinking about them might serve as some comfort. gregg: meanwhile governor mitt romney offering praise for president obama, speaking at a fund-raiser in san francisco yesterday. the governor telling supporters his opponent did, quote, the right thing. >> i know the president is in colorado today before he'll be here in san francisco. he's visiting with families of the victims, which is the right thing for the president to be doing on this day, and i appreciate that. i will note that my remarks today will not be as partisan as normal, instead i'm going to talk about my vision for the country in part in keeping with the seriousness and the thoughts of the day. gregg: senior white house foreign affairs correspondent wendell goler joins us live from the white house. are the president and governor romney now sort of easing back into their political campaignsafter a pause? >> gregg, the president has a couple of campaign events in california tonight after his speech to the vfw in reno this afternoon. his campaign canceled a rally in portland, organ that had been scheduled for tomorrow. romney as we heard gave a speech in san francisco yesterday, but toned down his rhetoric. the president met yesterday with ali young and stephanie davies. ali was one of the first people shot, she was shot in the neck. stephanie stayed with her and applied pressure to the wound throughout the incident. mr. obama recounted their story in his remarks yesterday. >> ali told stephanie she needed to run. stephanie refused to go, instead actually with her other hand called 911 on her cellphone. once the s.w.a.t. team came in they were still trying to clear the theater. stephanie then, with the help of several others, carries ali across two parking lots to where the ambulance is waiting. >> reporter: the president said few would have had the presence of mind that stephanie did or the courage that ali showed. gregg. gregg: what a remarkable story that was among many incredible stories. but wendell, mitt romney's campaigning will be fairly limited for a different reason this week. what is that? >> reporter: the president -- romney, excuse me will hold a roundtable discussion with small business owners and a fund-raiser in southern california yesterday, then he will turn to foreign policy addressing the vfw tomorrow, and after that he will launch his first foreign trip as the presumptive republican nominee, attending the opening ceremony of the olympics in london meeting with officials there, in israel and in poland. in his campaign speech yesterday mr. romney avoided attacking the president by name. gregg. gregg: wendell goler live at the white house. thanks very much. martha: prayer and forgiveness, that's how some say they are beginning to cope with the tragic events of the colorado shooting massacre. around the country hundreds of worshippers are also turning to their faith at this hour and they are looking for the strength to get past what happened this weekend. >> as a roman catholic you're taught that you also pray for the person who harmed you. it's a very difficult thing. it's something you can wrestle with at night when you say your prayers. martha: so nine of the victims that were injured in friday's shooting remain in critical condition and they also are in everybody's thoughts and prayers today. gregg: also following breaking developments overseas in syria, where for the very first time today the regime is acknowledging that it does in fact possess a vast stockpile of chemical alan b and biological republicans and only intends to use it if quote, subjected to external aggression. dominique d-natali is live in jerusalem. what can you tell bus this. >> the syrian regime forced to respond after comments by israel over the weekend, that israel will be forced to take military action when the chemical weapons fall into the hands of hezbollah. we had a comment from the syrian government spokesman, take a listen. >> think unconventional weapon that the syrian army possess would never, never be used against civilian or against the syrian people during this crisis. these weapon are meant to be used only and strictly in the event of aggression against the syrian republican. >> they are aware that any intervention from the israelis could tip the faith of president bashar al-assad, his forces having regained damascus. now they are turning to aleppo with intense fighting there. gregg: thanks very much. martha. martha: more on one of our top stories this morning, the bombshell announcement for penn state's legendary football program. we'll tell you about the severe punishment that has been doled out, and not a statement coming out from penn state's football coach. that is coming up. gregg: plus, as the nation remembers the victims of friday's senseless shooting massacre we'll be speaking of the father of one young man who somehow managed to survive and will tell you the part-breaking story of his friend who was not so lucky. 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[ female announcer ] and you've earned a say. get the facts and make your voice heard on medicare and social security at earnedasay.org. gregg: welcome back. following breaking developments on an overnight crash involving a pickup truck that left at least 11 people dead. texas police say the truck was traveling on route 59 in g goliette, texas when it veered off the road and crashed into trees. the pickup truck was severely overloaded. 23 people were crammed in it. some of the passengers are suspected of being illegal immigrants. the exact cause of the crash is still unclear. martha: big news this morning as the ncaa delivers a severe blow to penn state overt handling of the child sex-abuse scandal that played out there for so many years involving former assistant coach jerry sandusky. they have imposed penalties including a $60 million fine against the university. they've also srae vacated awful the wins from 1998 to 2011 which knocks joe paterno from the winningist coach title that he held for so long. here is the head of the ncaa from earlier this morning as they make this announcement. >> we kept for most in our thoughts the tragic damage done to the victims and their families. no matter what we do here today there is no action we can take that will remove their pain and anguish. but what we can do is impose sanctions that both reflect the magnitude of these terrible acts and that also insure that penn state will rebuild an athletic culture that went horribly arye. martha: this latest one comes after 48 hours after the school itself removed the iconic statue of famed coach joe paterno. they put up a scaffolding around it, then shrouded it with a blanket and took it out of there. nobody knows p-l where the exactly where they put it into hiding right now. i have two guests with me. let me start with you, what was your reaction as you heard president emmert start to make this lis of very, very stiff penalties. >> i think they had to do two things and they did it well. they had to do one thing to help the victims. raising $60 million, whether it comes from penn state's budget, who cares. it goes to victims and future victims. child sex-abuse in our count tries not over unfortunately. they did that by raising the money. the culture of penn state was based upon football and football is king. if you have less scholarships you can't go to the post-season and maybe more to come with the big 10 press conference relative to tv, what exactly is penn state football? if you diminish that and you take that heroism, oh, joe paterno is a god, that's exactly what they had to do boy taking that out of there, help the victims and the culture. martha: let's try to pull this up on the screen. i will do everything in my power to not only comply but help guide the university forward to become a national leader in ethics, compliance and operational excellence. i knew when i accepted this position that there would be tough times again. this is a former patriot's coach who came down to take over this program. one of the things that goes through my mind when you look at awful this. is could penn state hav sta u.n. ched the bleeding, so to speak. could they have stepped forward when all of this started to unravel if they had been tougher on themselves stph-s. >> absolutely. what they did in terms of being tough on themselves is allow the freeh report to be the basis of all of these penalties. they sanctioned it, the board of trustees sanctioned it. this is unprecedented by the ncaa not to have due process and due diligence on their own part. and penn state sanctioned this report and they let everything happen that the ncaa wanted in terms of penalties. so they are really taking it upon themselves to say, okay. you know what, this is what we need to do. martha: one of the other measures that they tuckus that if you're a player who has been brought to penn state and now the program is not what it was promised to be to you you can leave and go to another university with no penalties. is it to late to the kids who are in the program now. >> it's going to be a feeding frenzy. as terrible as this is and we all know how bad it is. this is going to be every coach ph america thinking, do i need a quarterback, a linebacker, a running back and i'm legally allowed to call these people who i would never be allowed to talk to. there are two aspects to that. the good thing is if the student athletes want to stay at penn state and they don't want to be athletes, but they want to be students they will still have their scholarships paid for. author hose who may stay at penn state who may never play in the nfl they need to do something with their lives, and getting a further education will help them and that being paid for is a huge thing as well. martha: thank you very much. mike bake owe, evan cohen, big story today. good to have you both here. gregg: another big story an incredible story of survival in aurora, colorado, how one man fought to save his friend even after being shot himself. his father joining us next. >> i think they just were both down on the floor, so he reversed so he could help her. and she screamed. he said, mamma, she schemed screamed, and screamed, and screamed, and awful all of a sudden she stopped screaming and that's when he looked up and saw she had been hit in the head. use the points we earn with our citi thankyou card for a relaxing vacation. ♪ sometimes, we go for a ride in the park. maybe do a little sightseeing. or, get some fresh air. but this summer, we used our thank youpoints to just hang out with a few friends in london. [ male announcer ] the citi thankyou visa card. redeem the points you've earned to travel with no restrictions. rewarding you, every step of the way. looking back,oints you've earned to travel with no restrictions. it's amazing how far i've come. shriners hospitals have everything to do with that. i was in an accident. i was burned. i lost my hands, my feet. i really thought my life was over. shriners did a lot more than just heal me. they helped me put my whole life back together. caitlin's life is one of nearly a million changed by donations from people like you. send your love to the rescue. donate today. gregg: 24 minutes past the hour. jury selection set to begin today in the long delayed murder trial for drew petersen, the former police officer charged with killing his third wife, kathleen savio back in 2004. he is also the top suspect in the 2007 disappearance of his fourth waoeufrbgs stacey. in california more than 20 people recovering today from injuries after attempting to walk across hot coals at an event hosted by motivational speaker tony robbins. donations to the u.s. bus monitor topping more than $700,000. carol kline will get about 93% of the cash. martha: the heartbreak in colorado is still very fresh for so many people this morning, but among the most countless tragedies are some very miraculous stories of survival as well. brent and his friend jessica were both shot in that theater massacre. he has been training to be an emt and struggled to save jessica, who was shot first in the leg but then received a fatal bullet shot to the head. he was unable to walk but he managed to crawl out of that theatre. we are joined now on the phone by brent's dad, larry. larry, it's good to have you with us today, welcome. >> thank you very much, it's great to be here. martha: i know that you are -- went as quickly as you could from text cast to colorado t texas to colorado to be with your son. what was it like when he first told you he was in the movie theater that night but that he was going to make it. >> he called us at the hous early, early friday morning, he said he had been shot and he was at the hospital and it was kind of sketchy. it didn't really sink in right away. the details weren't there yet, but i know that when i finally got my wits about me, then i started the process, okay, i've got to get there, and so i started in my mind making plans on how to make this trip, and i left san antonio airport, got into colorado late friday evening and went straight to the hospital. we were really blessed, because we had a family member already in place, his name was alan, and alan was there, he was talking to brent, so we know that -- we knew that it wasn't hopefully going to be too bad, but alan picked me up at the airport, and we went straight to the hospital. martha: when you got there, what did your son tell but that night and about what happened? >> tell, it was very sketchy, because, again, brent had -- when i got there he had already undergone surgery, so he was in and out. he could hardly talk. he just said kind of pretty much when the canister started flying and he told jesse to get down, he knew something was not right, so they hit the floor. as soon as they hit the floor that's when the shooter started spraying bullets around the theater. and jesse got hit in the leg, and she started screaming, i've been hit, i've been hit. and when that happened brent turned and kind of moved back in her direction and put his hand over the wound to try to stop the bleeding anyway. and she was still screaming, and i'm not sure when he got shot, if he got shot before or while he was applying, you know, first aid to jessie. but at that point she quit saying anything, he felt her body kind of go limp, and he looked up at her face, and he could tell that she had been shot in the face. and so she was shot twice. that's when he decided to start thinking of himself, and he stayed low until the shooting subsided, then he kind of raised up to look to see what was going on in the theater, and he saw some movement in the back, and that's when he started crawling out down the aisle out, and he crawled to a curtain wall in the theatre, and found a spot along the wall that he thought he was safe, and he stayed there until ems and police got there. martha: i mean, you just can't even imagine that life is ever going to take you through an event like this. and you didn't know your son was going to the movies that night, and why would you? he's 27-years-old and the next thing you know you're hearing about this horrific scene and finding out your own child had been caught up in it. you did what any parent would do and rushed to his side. we are great full that your son is doing well, and we are so sorry for the loss of his friend and know he did everything he could in that situation. our best to you and your family, thank you very much for being with us today. >> he's on the mend, he's doing better, thank you very much. martha: glad to hear it sir. good to have you with us. >> bye-bye. gregg: fears over european debt surging and that is forcing u.s. stocks down considerably. the dow jones industrial average down about 207 points. it was down 240 points. the price of crude is dropping $3.50 per barrel below, $90. martha: a big question right now is whether the suspected colorado gunman will plead insanity during his court appearance down the road. he will be also appearing in court about an hour if now. that is the first time that we will get a look at him after this event. one survivor shot in the chin in the adjacent theater to where this happened is now revealing what she thinks about 24-year-old james holmes. >> it's sad to see someone who is so brilliant, had so many things for him ahead of him and just troeut awa throw it away because he's pa thet particular. that is the one word i have for him honestly. martha: that young girl is so strong and she stood there today with a bullet lodged in her children. sh chin. she doesn't know when or whether she'll be able to take that out. a very tough young lady. the police chief says it's clear that the suspect carefully land this attack. listen. >> he started receiving shipments of all this stuff around four months ago. obviously we don't know now, if we knew we wouldn't really share it with the media what else he was doing prior to that. i think, as i said yesterday, i think that four months of this type of activity, accumulating this material in the manner in which he did amounts to pretty serious cal collision and deliberation on his part. martha: let's talk about the inc inch insanity flee. judge a alex is with us. and we have an educationl psychologist from drexel university. thank you both for being here. let me start with you, this is a question that inevitably comes up. as the captain was talking about there, pre-med indication, does that necessarily override the insanity plea? >> premeditation does not necessarily override it but it's certainly one factor to consider. the mcnaughton advertise the most common test and that focuses on the defendant's ability to distinguish between right and wrong, conform their conduct to that behavior, their behavior to that knowledge. the prosecution has a lot of ammunition in this case. he clearly is going to plead insanity a hundred percent and the prosecution has a lot to do with this because they can show, for one thing there is all that planning, and secondly he didn't walk into the theater carrying all that ammunition and the weapons and the assault gear. he clearly knew that would be inappropriate. he exited through an emergency exit, went to his car, geared up and came back in. they are going to focus on his behavior, not just the fact that maybe he dressed up as the joker and died his hair, everybody who plays tkupbl d u.n. geons and dragons would be insane in that were the case. he was quite an accomplished student, there is a whole loft things, insanity defense i think will be very, very difficult for him to prevail on. martha: dr. williams what do you think? >> i think judge alex makes a good point about the fact that there are many people who may engage in-kind of fantasy play, he mentioned d u.n. geons and dragons. i'm sure kids this halloween are going to be dressed up as spider-man and batman and none of them are hell bent on this type of destruction that james holmes perpetrated in aurora, colorado. however, his behavior is bizarre, and although it may be premeditated it's bizarre, it farce outside of the raining o the range of normal behavior. this is sociopathic behavior. maybe he had a psychotic break, and maybe then he started planning all this kind of thing. i think that is something they'll handle when he get in court later on today. martha: judge alex would you buy an insanity plea based on what aur hearin you're hearing hear? >> there is a big misconception among the public. they think that somebody who is not, quote unquote normal, must be insane. if that were the case every serial killer would get off the hook, every murderer would get off the hook. martha: i think of john hinkley whose conviction was from the insanity plea. he went to an institution, he has all kinds of liberty. >> just because you have mental illness does not mean you are legally sane in the eyes of the law. you have to be mentally ill and crazy in order to go out and kill multiple people or kill anybody. people get convicted because that is not legal insanity. martha: in terms of being able to decipher right from wrong dr. williams, that is one of the measures that goes into making this judgment, right? is there anything that we can say about him at this point with regard to that? >> i have to be very clear, as someone who is trained in psychology, insanity is not a clinical diagnosis, it's not something we treat, it's not something you can give medication for or talk about, it's purely a legal term. what we would talk about would be psychosis, i talked about the possibility of there being a brief psychotic break. clearly his behavior is psychotic. whether it reaches the threshold where in the legal community he would be allowed concern kinds of leeway, i'm not sure. in my opinion one of the reasons why we try to figure out whether or not this was caused by severe and persistent mental illness is because we can learn from it. there is a difference between someone who is going out and shooting and killing and maiming because they are angry because it's about revenge and they want to engage in this inappropriately aggressive behavior, and someone who is mentally ill, sick, and goes out and does those thins. we can treat those types of people possibly at our mental health facility. martha: thank you gentlemen for being here. >> thank you. gregg: the growing mystery surrounding the disappearanceit. why police now say they have reason to believe they are still alive. [ male announcer ] fight pepperoni heartburn and pepperoni breath fast with tums freshers! concentrated relief that goes to work in seconds and freshens breath. ♪ tum...tum...tum...tum... tums! ♪ [ male announcer ] tums freshers. fast relief, fresh breath, ♪ tum...tum...tum...tum... tums! ♪ [ male announcer ] tums freshers. 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. gregg: iraqi state television saying prime minister -- tens of thousands of refugees are streaming out of the country. the idea of syrians fleeing toee evacuate is notable. now the refugee traffic is going the other way. the f.b.i. is ebbs panning now its search for two missing iowa girls. the agency saying that they have reason to believe that the ten-year-old and her eight-year-old cousin may still abducted. rod wheeler is a fox news contributor and former d.c. mom side detective. rod, has the behavior of at least one set of parents been suspicious to you? >> it's been suspicion to me and the police department there in iowa ever since day one in which the little girls went missing. real quickly the police department conducted this investigation as we all know as a missing persons investigation. and during the process of conducting that investigation the parents of little lyric, i think she is the ten-year-old, her parents were acting very strange. we know that the parents of both of these little girls have had criminal records. but because you have a criminal record that doesn't drive the investigation. what drives the investigation are the facts and circumstances. so the parents kept saying all along that they knew for a fact that the little girls were not in the lake. well the police was wandering all along, how do you know that? so the police have been very relentless and have pursued any and every lead coming through. we have new information that has led the police to actually make a statement that they believe the two little girls were abducted, and are still alive. gregg: the f.b.i. says look the parents have not been totally cooperate cooperative here. is it possible that this same set of parents is trying to hide the children for some particular reason? >> you think like an investigator, and that is exactly what us investigators would think in this type of situation. you know, both -- here is the thing, both of these parents, especially the parents of little lyric morissey, they both are facing criminal charges and have criminal histories. and that's fine. they have not been cooperating with the police. the father of lyric made a statement that he thought the police was focusing too much on him. now why would he say that? only because the police have turned up the heat. so i think right now the police are believing that these parents probably gave those little girls to someone in another state, maybe a relative, because the f.b.i. has said that they have expanded the search outside the state of iowa at this time. gregg: all right. let's assume for the moment that the parents are not telling the truth. how do you force them to tell the truth? >> you know, that is an excellent question. sometimes in these investigations we cannot force people to cooperate, but that doesn't mean that we are going to stop aggressively pursuing all leads. the police have interviewed over 100 people so far in looking for these little girls. and i honestly believe, not being involved in this investigation, but i honestly believe that they are on track, because i think they are getting information from somebody, and because they actually made a statement that they have threadable evidence tha credible evidence that will show that the little girls are still alive. they are obviously getting information from someone who knows something. gregg: i hope they are alive and are safe and are found soon. thank you very much. martha: new concerns that taxpayers may be footing the bill for somebody else's lottery tpeubts? we'll tell you about the claim from state governments about the latest form of welfare fraud. gregg: an award show process takes a dangerous and eerie turn, why a fog machine had people fearing the worst just days after the colorado massacre. >> there was a lot of concern in the sense of panic especially when it was a fog, they continue see their hands in front of their face and you had people screaming because they were actually being burned by this cryogenic fluid. three words dad, e-trade financial consultants. they'll hook you up with a solid plan. wa-- wa-- wait a minute; bobby? bobby! what are you doing man? i'm speed dating! 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[ revving continues ] ♪ during the golden opportunity sales event, get great values on some of our newest models. this is the pursuit of perfection. welfare funds being used to purchase lotto tickets? because that's the claim from several state governments who are now working over time to prevent some welfare recipients from using taxpayer money for some very questionable purchases. eric shawn is live in our new york city newsroom with more on this. eric, what is going on here. >> reporter: this has to do with the electronic benefit transfer, or ebt cards. they are like atm cards, intended to be used for essentials that food stamps don't cover. there are reports that some people shockingly use the taxpayer money cards for alcohol, lottery tickets and even at strip clubs. new york is one of several states taking action against what lawmakers say are brazen ebt abuses. they passed a bill that would bar card holders from buying nonessentials or making atm withdrawals with those words at certain places like liquor stores. >> it could be up to some $300 that they then take and buy cigarettes, beer, and lot lee tickets witness. lottery tickets witness. they've been used at atm's in casinos and liquor stores and we have evidence that they've been used in various strip clubs. that's what we want to stop. that's not right. it's taxpayer money, it has to stop. >> at least nine states have passed legislation clamping down on the cards to make sure they are used properly and not at strip clubs. martha: that seems like a pretty good idea, doesn't it. hropbl logic should kick in. what are they saying about it. >> reporter: three senators voted against the bill. there are critics that say it's not a massive priority. they say telling people on public assistance how they can spend their money actually restreubts thei restricts their freedoms. >> it's not a problem where government has to come in and tell what people can buy and use an atm. it's redirected resources and plays into a stereotype. >> reporter: she says the priority should be getting the unemployed back to work not worried how they spend relatively small amounts on their ebt cards. martha: there is the debate then. eric shawn in the newsroom. gregg: a terrifying case of deja vu after a fog machine mishap suddenly inspires fears of a colorado-style massacre. a pre party for the teen choice awards descends into chaos after a fog machine malfunctions and creates near zero visibility in a room of people. many people were taken to the hospital as the club went into full lockdown. >> a lot of people were coughing heavily, running around. it was crazy, crazy. i saw a couple of girls like really coughing. hopefully they are all right. >> we couldn't go anywhere. we were on lockdown. it got even more severe, we were in the dressing room and continue go anywhere and we were anxious to find out. it was crazy. >> a 6-year-old was reportedly the youngest person to be hospitalized in this incident. that had to be frightening. martha: fox news alert as we wait now for our first look at james holmes the suspected gunman in the horrific shooting that played out over the weekend in colorado. when he will appear in about 30 minutes from now in the courtroom in centennial, colorado, that will be his first court appearance since that event. 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