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governor bob mcdonnell, often mentioned as a potential vice-presidential pick. back to the latest battleground state polls on a likely match up between president obama and mitt romney. chief political correspondent, campaign carl cameron is live in washington with more. carl? >> reporter: when we look at the electoral college map the presidency ultimately likely decided in five to 10 maybe a dozen states. quinnipiac has new surveys in three of them. let he is take a look. florida, decided presidency in 2000. right now a virtual tie. romney,-obama, within the margin of error. president obama leads real clear politics average of polls less than two points. ohio always critical, a bellwether for the entire nation. romney pulled into a virtual tie poll. down four points in the "real clear politics" average of ohio polls and trailing obama in last couple other surveys. finally pennsylvania, blue state in recent cycles, obama has a comfortable lead. mitt romney will be campaigning in pennsylvania tomorrow when he will meet privately with rick santorum for the first time since the republican from pennsylvania dropped out of the race. harris. harris: tell us about romney's former rival and potential partner. >> reporter: he will campaign with two today. the potential partner would be outgoing governor of virginia, bob mcdonnell. he said he would consider it if romney were to ask but makes the point he is not campaigning for it. not asking for the job. mcdonnell is term-limited. he can't run for re-election in virginia. he is definitely aware romney wants to company pain with as many as potential running mates as possible. like it or not, today for mcdonnell, amounts to something of an audition. joining romney, former rival, michele bachmann the minnesota congresswoman who founded the house tea party caucus and won the ames straw poll last year and no other states. she trashed romney pretty hard on the campaign trail but now four months after she dropped out of the race she will be standing on the stage with romney and endorse him today. romney continues to 19 up the party. there you have a great example of it. michele bachmann former rival from the primary stage and potential running mate, vp prospect campaigning with him the same day in key battleground, virginia. could be one of the battleground that decides the race all together, harris. harris: carl, thank you. in just a few minutes we'll talk with a political prognosticator and professor larry sabato. we'll show you more on the new polls and talk with him what they mean for mitt romney and the president as we now, as you heard carl say it, it is closing close. we're racing toward november. jon: new information on the apparent suicide of nfl superstar junior seau. they say seau died of a gunshot wound to the chest in his california home. a gun was found nearby but no note. circumstances of his death highlight a possible link between head trauma, mental illness and suicide. several nfl veterans have taken their lives in recent years. family and friends having a hard time understanding how the 43-year-old former linebacker could be gone. >> i can't really believe it. he is one of those people so inspiring and charismatic and filled with life you can't really imagine they're not there anymore. >> he was coming up to l.a. to be honored for something and he was really excited about it. and he was talking about his son going on a trip to fiji. he was very happy. there was no indication. but he was never somebody that just put his name on a gym and gave money. he was actually hands on there. they were serving food to less fortunate people, he was there scooping the mash potatoes. he really was involved and loved doing that. jon: joining us now on the phone is trevor pryce, a retired nfl all-pro who played for the broncos, ravens and jets. trevor as denver native and long-time bronco fan i always hated playing the chargers when junior seau was on the field. he was a force to be reckoned with. your thoughts this morning on his death? >> as sad as it is i think there's a bigger things that we need to talk about when these kind of issues with nfl players around head trauma because quite honestly i think the nfl is only a third of it. you have to think about college, high school and little league football. the thing about junior seau he has been playing football 40 years up to this point in his life. so when you take all that into consideration, even when you're 11 years old, blows can add up. nfl football is only a part of it. why are, you know, 12-year-old kids playing full contact football? i didn't playful contact football until i got to high school. there is a lot more we need to study. the long-term effects of kids that don't get to play nfl football and what is their effects later in life even if you played at high school level or played in college and weren't drafted. jon: you're not one of those who is pointing the finger at the nfl, saying concussions, brain injury are at the root of the problem here? >> no, not just at the nfl you can point the finger in football in general because if anybody thinks is the nfl is only place where a football player gets concussions you're sadly mistaken. the game of football is game of football. all the nfl does is expands how long a person plays football. it doesn't change the game. i will tell you this, over the last couple years, even the last 10 years the evolution of what the helmets look like and how the helmets react and every year during training camp our equipment managers would talk about new helmets and impact are supposed to wrap around the head around the brain but you didn't have that when you are 15. see what i'm saying? i think the nfl is a part of it and i think they are doing what they can to, you know, quell some of that. but you have to understand as players get bigger, faster, stronger for longer, those type of head injuries are going to happen. what happens in the future we don't know. can we point at this? i think you can but you have to look at long-term effects how long someone like junior seau who knew football like he was born just to play that game, how long has he been doing that. jon: right. you're one who was injured in nfl football. it is a rough game. if you have ever stood on the sidelines, folks, at an nfl game at kickoff time and seen the collisions between those huge and very fast players, it's pretty terrifying but what are you going to do short of, you know, changing the game or, you know, eliminating some parts of the game? >> i honestly don't know. i think what's going to happen is as the coaches and the game gets younger i think it will change a little bit. some of these coaches that have been in the nfl now been there 25, 30, 35 years. they're not used to the head trauma thing and concussions thing. that is not how they're wired. that is not how they were brought up. jon: and they are starting to, they are starting to pay more attention to that. >> now they have to but now the next generation of coaches now in the 30s and these guys that become head coaches that is all they know. back in the 1980s if a guy had concussion. he got his bell rung. he will go back in the game. jon: always a badge of honor before now. trevor pryce, who was an all-pro nfl player. thanks very much for your insights. >> absolutelily. harris: there was high drama in the john edwards trial, former aide matthew nelson expected to take the witness stand today. explosive testimony, just 24 hours ago he decribed a emotional argument he witnessed between then presidential candidate and his wife elizabeth. mocking him for his affair with rielle hunter. he said, mrs. edwards was pawing at her husband in a car saying quote, is this what you're doing in the car in new york city? our jonathan serrie is live in greensboro, north carolina. of course elizabeth edwards has passed away. very, very painful for her kid in the courtroom to hear. in fact one of them left yesterday. >> reporter: yeah, that's right. edwards' eldest daughter kate who is an attorney and actually been advising her father throughout the trial at one point she got up, left in tears. was visibly upset and this occurred during testimony from another former edwards' staffer, christina reynolds. she was just beginning to describe an argument between john and elizabeth edwards in a private aircraft hangar during that argument, she says the breast cancer patient pulled her blouse off, exposing her chest to her husband and screamed, quote, you don't see me anymore. john edwards reportedly called a doctor to ask for help and proceeded to board his charter flight and went onto a campaign stop in south carolina, harris. harris: well at one point in the testimony, jonathan, i've been reading about this today, a senior campaign staffer was said to be concerned, that in fact the whole team was concerned about what that lover rielle hunter would ever say if reporters approached her. >> reporter: that's right and josh brumberger was concerned about rielle hunter even before suspicions arose about the affair from the get-go. she approached john edwards. suddenly hired by the campaign as a videographer. he searched for her name on google and quote, what i found on line was pretty much, sex, drugs, rock and roll and astrology. brumberger said her individualinggraphy skills were shoddy and unprofessional. prosecutors played sample of her work to the jury. the video appeared to shake and times out of focus. harris. harris: we have a legal panel joining us later. we'll ask some interesting questions about this. thanks very much. good to see you. >> reporter: certainly. jon: a fox news alert. three special agent with immigrations and customs enforcement were shot serving warrants if the san francisco area. we're told the agents were taken to the hospital with nonlife-threatening injuries of the at least one suspect is now in custody. claudia cowan is on the story live from petaluma, california, with the latest. claudia? >> reporter: hi, jon. the three special agent with i.c.e.'s homeland security were shot while carrying out a search warrants, federal search warrants during a predawn sting operation in east petaluma, about an hour or so north of san francisco. you can see the scene is still very active with the yellow police tape and agents here on the scene, a number of them, dozens of them still surrounding this house. about two houses down the road here. and it's unclear exactly why they were targeting this house. we understand that they were carrying out high-risk, federal warrants related to an ongoing criminal investigation again, this house targeted at around 4:15 this morning. neighbors reported hearing quite a lot of gunfire. at a guests at best western hotel next door were put on lockdown for a time. the nature of this investigation is unclear of the as you mentioned one suspect is in custody and investigation into these incidents and related criminal case are both ongoing. the agents were transported to local hospitals. one was taken away on a helicopter. the other two by ambulance for treatment of what we're being told non-life-threatening injuries. really that is the only detail we can pass along, right now, jon. law enforcement agents really not releasing more information yet. we hope to get some sort of a statement later today but as you can see the scene very active. a lot of homeland security officers still out here in east pet loomma. back to you for now. jon: great to know those agents are going to be okay or so it would seem. claudia cowan thanks. harris: a lot of people not happy these days with airlines. extra fees. fewer perks. we leave hungry. i don't know. now one carrier is really hearing it over its treatment of a dying vietnam veteran. wait until you hear why thousands of strangers are rallying behind him. jon: also, it was five years ago today that she vanished. sparking an international search through the latest technology, now you can see what madeleine mccann would look like today. harris: and they have come out swinging. so how are the voters in swing states reacting? larry sabato breaks down some brand new presidential polls on three crucial states too close to call. those are four words you should practice until he joins us. stay close. 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[ kyle ] it's like we're connected. no we're not. yeah, we are. no...we're not. ♪ the allstate value plan. dollar for dollar, nobody protects you like allstate. jon: a fox news alert. another i.c.e agent, immigrations and customs agent shot in california. this one was fatal. it happened last night and developments this morning are that his 14-year-old son has been arrested in connection with his shooting. again, an unidentified i.c.e agent in carson, california was shot dead in their home last night. the 14-year-old home at the time. we're told that 14-year-old son of that i.c.e. agent has been arrested. as we get more information, we'll bring it to you "happening now.". harris: right now there are some brand new presidentialal polls out of three closely watched swing states and they show the race tightening in florida and ohio between president obama and mitt romney. a statistical dead heat in both those battleground states right now. meanwhile in pennsylvania, president obama has an edge at this point over the presumptive gop nominee. joining us now larry sabato, director for the center for politics at the university of virginia. good to see you this morning. first of all -- >> thai, harris. harris: as you look closely at these numbers, focusing on ohio and florida, if the race were held today, too close to call, what does it tell you? >> well it tells me the race is where it ought to be given the electoral conditions. i have a little poll test myself. i ask does this poll match electoral history and does it make test? these polls in florida, ohio, and pennsylvania match electoral history and they make sense. president obama is ahead in pennsylvania. it's voted democratic the last five presidential elections. obama carried it easily in 2008 but look at ohio and florida. if mitt romney is going to win, and if this is going to be a close, competitive race, frankly he ought to carry florida and he might carry ohio. it is going to be a very close race in ohio. that matches the results in 2008 actually. it was a close race in florida. it was a close race in ohio in 2008. harris: you know there is another element in this polling that we should look at today and it has to do with the economy if we can put some words up on the screen now. when you look at how voters say they feel about the economy and who can do a better job for instance in ohio, mitt romney wins this. that is outside the statistical margin. we're seeing something similar in florida. >> yes. harris: if we look at that now, mitt romney. what is resonating from mitt romney right now that isn't coming from this president? i want to throw in, larry the fact that unemployment numbers, 27,000 people come off the benefit rolls. there are many different reasons why that could happen. perhaps the administration would spin that in a good way. look what is happening in ohio and florida. >> yes and look, that is the significant question because while we may get off the interstate and onto a little dirt road and talk about this issue and that issue and this gaffe and that controversy, this is an election about the economy. to the extent that people believe that mitt romney will do a better job on the economy, he's likely to win. right now in florida, and ohio, and it's may but right now, in florida and ohio, romney is doing very well on that measure. that's a positive sign for him. the president has to hope that the economy continues improving to the point where people believe that it's going to be better in say his second term than it was in his first. harris: less about what's happening actually on the ground today? more it is about what people's perception of the future will be. couple things before i let you go. where you look at pennsylvania where the president isn't doing better you say picked up speed, you say traditionally a democrat would win there but there is if you reach inside this polling a mention of a gender gap, that mitt romney is not polling well with women particularly in that state. what is happening? >> in that state and frankly a lot of states around the country. you have a traditional gender gap. i would bet anybody right now on today, november sixth, mitt romney will carry men and barack obama will carry women. the question is, what's the margin? women are about 52 1/2% of the electorate. so you would much rather be doing well with women. but it matters. do you carry them by just two or three points or do you carry them by 10 or 12? the same on the other side with men for mitt romney. harris: all right. larry, thank you very much for breaking it down for us. >> thank you, harris. jon: one year after his death some of the secrets of usama bin laden are revealed. letters he wrote now posted online along with documents seized by the u.s. seals who raided his compound and killed that terror leader. coming up a closer look at bin laden's final words. plus new fallout for spirit airlines after it refuses to give a dying veteran a refund. harris: right now thousands of people are supporting a terminally ill vietnam veteran in a battle with spirit airlines. spirit refusing to refund the ticket he bought a couple of weeks before a doctor told him that he could not fly anymore. now spirit could lose much more than that $200 fare. laura ingle in new york looking into it for us. laura? >> reporter: harris, a lot of folks weighing in as a growing boycott of the discount airline picks up steam. the number of furious facebookers siding with has jumped to nearly 19,000 as of this morning which is up from around 700 two days ago. the airline nixed the 76-year-old vietnam vet's request for his refund of $197 after his doctor told him not to fly due to his deteriorating health. when veterans groups and the public learned of the refund refusal the web went wild with a call for the boycott and support of meekins. >> the publicity that i'm receiving and the people who have personally telephoned me and e-mailed, et cetera, has reinstilled my faith in america. >> reporter: and we have a sampling of comments from facebook to show you. here's the first one. this vet will never fly spirit airlines, nor will my family. as a business owner i see no sense in this heartless and selfish act on their part. another reads, i will be asking those that i know not to fly spirit. the core is a brotherhood and by doing this to one of ours, you did this to us all. spirit will lose money. $197, really? semper fi. meekins tells fox he doesn't care about the money anymore and it is about the principle and the hopes that the boycott grows. spirit airlines issued this statement yesterday. quote, our easy are visions are nonrefundable which means we don't do refund and we are not going to issue mr. meekins a refund. we receive many requests for refund every day for similar situations t wouldn't be fair to bend policy for one and not for all. we want to let you know that foxnews.com is conducting an interview with the ceo of spirit airlines now. we will have more on what they have to say later on. harris. harris: it will be interesting to see if a lawyer can turn up one exception they ever made and whether or not this would turn on that. laura, thank you very much. >> reporter: thanks. jon: right now we are finding out what was on usama bin laden's mind in in his latter days. letters taken from a raid at his hideout last year are posted online. they reveal bin laden was worried about dysfunction in the network and feared he was losing trust of muslims. he was focused on attacking americans and focusing on plots to kill u.s. leaders. let's talk about all this with general jack keane. former four-star general, vice chairman of army and fox news military analyst. these are only 17 of the 6,000 documents our navy seals seized but what do you take out of them? what have you seen from these few document, general? >> you're right, such a small dose of what will eventually follow probably and thank god our intelligence services have all this information to exploit but my takeaways are a couple. how invulnerable he felt after eluding us for 10 years. that he maintained so much information on his organization and the people that are in it. the second thing is how flawed his strategy, jon, is. he wants to reattack the united states. the attack on 9/11, while tactically brilliant and you have to give him credit for that, was a strategic failure because it has brought about the defeat of his organization which we are now on the cusp of. that is surely not what he wanted. what he wanted is because he believed he could defeat the american people by such a devastating attack we would pull out of the region and therefore he would be able to exploit jihadism in the region and defeat the authoritarian regimes in the region. actually iran's strategy has been much more successful. attacking the united states in the region using proxies in lebanon, in kuwait, in saudi arabia, in iraq and we have pulled away from a lot of those relationships that we have had. so it shows that his thinking about america and his understanding of the american people and our character and our nature is very superficial. he doesn't truly know us. the thought he could reattack again and do something to us to drive us out of the region is flawed. jon: he was credited with being the leader and founder of al qaeda but there are a lot of suggestions in those documents that he didn't have a lot of followers still, you know, heeding his call. >> yeah. certainly he was an iconic figure. shortly after 9/11, given the worldwide fame that he, that he enjoyed, and i think it helped him with recruiting to some degree with financial resources but in time he had no operational control over the organization. and listen, you have to give our intelligence services credit, in terms of what we did to them. jon: right. >> we were on them right from the beginning. we have been persistent, relentless and we pushed them back on their heels. this guy spent most of his time hovering someplace, trying not to be killed. that is the reality of it. therefore he did not have the much operational control of his organization. although he maintained contact wit it. jon: general jack keane, fox news military analyst. just to let our viewers know, if you would like to read those documents we have translations of them available for you. the link is there on foxnews.com. general keane, thank you. harris: some brand new developments now in the case of that blind human rights activist in china who pulled off a daring rescue, escape i should say, made it to the u.s. embassy inside the country. now he says he wants something from america and why it could turn into a diplomatic black eye for the current administration. we're live with the story. the hunt for madeleine mccann, the little bit ish girl that vanished exactly five years ago today. her parent speaking out about the investigation. we'll go live to scotland yard. are you receiving a payout from a legal settlement or annuity over 10 or even 20 years? 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[ male announcer ] it's a network of possibilities -- helping you do what you do... even better. ♪ so i wasn't playing much of a role in my own life, but with advair, i'm breathing better so now i can take the lead on a science adventure. advair is clinically proven to help significantly improve lung function. unlike most copd medications, advair contains both an anti-inflammatory and a long-acting bronchodilator, workintogether to help improve ur lung function all day. advair won't replace fast-acting inhalersor sudden symptoms and should not be used more than twice a day people with copd taking advair may have a higher chance of pneumonia advair may increase your risk of osteoporosis and some eye problems. tell your doctor if you have a heart condition or high blood pressure before taking advair. if you're still having difficulty breathing, take the lead. ask your doctor if incling advair get your first fl prescription free and save on refills at advaircopd.com. >> right now a delicate diplomatic situation intensifying between the u.s. and china. a chinese human rights activists says he no longer feels safe in his homeland. he reportedly wants the u.s. to help him and his family leave the country. this after he pulled off a daring escape from house arrest and safely made it to the u.s. embassy in beijing even though he is blind. but the timing of his request could not be more awkward for the obama administration. mike emanuel live in washington with the latest developments on this case. >> reporter: good morning. state department officials now acknowledge the chinese dissident had a change of heart and wants to leave china. chen guangcheng left the protection of the u.s. embassy to go to the hospital for treatment of a foot injury that he suffered after escaping from house arrest with supporters. he did not want to seek asylum and hoped to stay in china. hours after leaving the embassy he told reporters that he feared for his family. u.s. firms informed his of a threat that his wife would be beaten to debt if he did not leave the embassy. today the u.s. ambassador to china rejected that suggestion. >> no, he was never forced to leave the embassy. >> he was not threatened? >> absolutely not true. >> was he threatened to leave china? >> he was never threatened in any way. >> reporter: timing for u.s. an chinese officials is uncomfortable since secretary of state hillary clinton is in china to discuss economic issues and global security matters. the dissident told a "daily beast" reporter would like to leave on secretary clinton's plane. aides to secretary clinton need to consult with chen's family what to do and consider on shuns. a leading house republican said there is no safe place in china if you are a dizzy depth. >> many of the chinese dissidents have paid so dearly with their lives in some cases certainly enduring torture simply because they want democracy, the rule of law and fundamental human rights. it was a terrible, terrible, misunderstanding on the part of the president. >> reporter: from everything we're hearing it sounds like chen felt abandoned by the u.s. in the hospital and fear set in. jon? jon: mike emanuel there in washington. mike, thank you. harris: america's election headquarters and brand new analysis of the president's approval rating right now. 47% considered pretty low for any president who has gone on to be reelected but according to a "new york times" analysis it should exactly be even lower, especially if history is any guide. "the times" looking at the president's going all the way back to eisenhower finding their popularity hinges on several factors. we'll take a look. time in office, popularity, usually declines over time. scandals, or wars, which can push approval up or down and most importantly the economy, the better it is, the higher the approval rating, the worse, the lower, makes sense. taking all of that into effect "the times" calculated what president obama's approval really should be. the actual is the red line. the black line is what would be expected considering all those things. roughly a 10 point difference between them. "the times" is saying that discrepancy is more the exception than the rule. take a look how the last democratic president did according to "the times" model. president clinton's actual popularity tracking pretty closely with his expected approval rating. joining us now, angela mcglowan, fox news political analyst, and doug schoen, former clinton pollster and fox news contributor. good to see you both. >> thanks for having us. harris: angela, i which start with you. you say the president can tick down all those things, scandals while he has been in office, gsa thing, the secret service but still the number not moving all that much. why? >> not moving all that much, harris, there are three key elements winning elections or doing very well in polls and that is message, advocacy, grassroots and also fund-raising and obama and liberals are all in one accord. they have their message together and apparently it is selling to the american people right now. but, let's not count republicans out. it is a feignty away before election day. now we have our presumptive nominee, romney. we're getting our message and i think we'll be victorious. harris: affinity away, did you hear that, doug. it is racing toward it. oh, my gosh the time is ticking there is a lot of tile. you say still less than 50% this approval rating possibly problematic for this president?. >> yes its harris. i advised bill clinton when he was in the white house. i worked to enhance the approval rating and i understand when a approval rating is below 50% as the president's is now how problematic that is. at the same time, what "the times" pointed out is that the president benefits from likeability and the fact that large numbers of people still blame george bush for getting us into this recession which we're still not out of. tough economic times weigh heavily on a president's approval rating but this president is buffered by feelings that george w. bush is at least partially responsible. >> and the reason why, doug, because this president still blames bush and the strategy with a messaging of this administration and obama camp, distract, divide and deflect. this president is about rhetoric and not reality. the rich versus the poor. your kids, they're educated in poor schools and their kids, they're in rich private schools. and that message is selling but once romney gets out there, and talks about, are you better off than you were four years ago? i think people are going to pay more attention. >> well, angela, i have to disagree with you. i think the governor has yet to articulate a clear world view. you yourself acknowledges that, moreover there is inequality in america. the president is stating obvious fact. harris: let me step in here although awfully fun to watch you to barb back and fact. inconsistency when you look at new polling by quinnepiac university today. ohio and florida where president is sliding behind mitt romney on key issue of the economy. >> it is absolutely the case the economy is an issue working for governor romney. he's ahead but ultimately in preference polls the president is ahead or even and his likeability, his favorability is higher than governor romney's. so it is a divided slate and ultimately if the economy turns up it will help obama. harris: with all due respect i have to say this, doug. you have millions of people out of work and angela, i let you have the last word on this. is there an opportunity there for any candidate, and we're saying that the gop presumptive would be mitt romney it, so it would be him to turn this in his direction even more so or ride the wave perhaps he is seeing in ohio and florida? >> he could turn this in his direction. if you remember bush one four more years in 2004 getting 16% of the black vote in ohio. what the republican party needs to do, they can not take any vote for granted, harris. they snead to reach out more to women. there is a gender gap and reach out to latinos and african-americans. i think that once we get our act together and we don't right now, we're going to do much better. harris: good to see you both. angela, doug, thank you. >> thank you. jon: madeleine mccann van anied five years ago today while vacationing with her family in portugal. her parents are still hoping to find their little girl alive they say. we'll have the latest on investigation in a live report from scotland yard, next. tracking taxis with what critics are calling big brother tactics in one major u.s. city. wake up! that's good morning, veggie style. hmmm. fohalf the calories plus vgie nutrition. could've had a v8. when i got my medicare card, i realized i needed an aarp... medicare supplement insurance card, too. medicare is one of the great things about turning 65, but it doesn't cover everything. in fact, it only pays up to 80% of your part b expenses. if you're already on or eligible for medicare, call now to find out how an aarp... medicare supplement insurance plan, insured by unitedhealthcare 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verizon. jon: to a case now that has grabbed headlines around the world, the disappearance of madeleine mccann. the little bit tish girl vanishinged five years ago. they went to eat at nearby restaurant. madelyn would be nearly five years old. this is age progression photo what she might look like. martin brunt from our sister network sky is live from london from scotland yard. >> reporter: the fifth anniversary of their daughter's disappearance is proving to be an extraordinary hopeful time for her parents. first they learned from detectives here at scotland yard who are reviewing all the evidence gathered so far that there are nearly 200 leads that the detectives here believe are worth pursuing. so much so that the review team at scotland yard believes there is still a good chance or possibility at least that madeleine is still alive. that has clearly fueled the parents's optimism. they always believed in the absence of any evidence that she came to any harm, that she was still alive. the key is persuading the portuguese authorities to reopen the investigation that was abandoned 15 months after madeleine disappeared. but today an even more extraordinary twist. the emergence of 100 logs of information that was passed to crimestoppers within a few months of madeleine's disappearance. this has emerged and never been shown to investigators before. it is information that was supplied by psychics and people who had dreams that they knew what had happened to madeleine. ordinarily detectives wouldn't hold a lot of store by this but this is new information that the team here is going to take on in the next few days. it will throw it into the pile of information they have and see if it reply indicates any information, anymore tangible evidence that they already have. jon: so tragic really to think that little girl five years later might still be out there alive and torn away from her family. martin brunt, at scotland yard. martin, thank you. harris: an odd an tragic story now under folding in california. a researcher died from what health officials say may be a rare bacteria. rick folbaum is here with the story. >> reporter: this happened fast, harris. the researcher began feeling sick friday night. 18 hours later he was dead. killed by the same strain of bacteria he was studying at the va hospital in san francisco. the man's name is not being released. we're told he was 25 years old. hospital officials say he was equaled to do the research he was doing. all workers are required to wear protective gloves and lab uniform. he was doing research on infections from the bloodstream, trying to come up with a vaccine to treat people with those infections. in his handling of bacteria he somehow got infected himself. now dozens of people who had come in contact with the man from his coworkers to roommates, his girlfriend, they're all being treated with antibiotics. the lab was closed. it was completely disinfected and the california state osha office is investigating now, harris to see exactly how this happened and whether all the safety protocols at the lab were in fact followed. back to you. harris: rick, you and i were talking about, some 60 people on antibiotics from this whole thing. hoping they're going to be okay. >> sure. jon: scary. federal prosecutors having their day in court trying baseball legend roger clemens on charges of lying to congress but mistakes in this and other high-profile cases are raising questions about the country's top lawyers. an amazing sight in the skies this weekend. a full moon like you haven't seen in a long time. where and to catch it. next down here, folks measure commitment by what's getting done. the twenty billion doars bp committed has helped fund economic and environmental recovery. long-term, bp's made a five hundred million dollar commitment to support scientists studying the environment. and the gulf is open for business - the beaches are beautiful, the seafood is delicious. last year, many areas even reported record tourism seasons. the progress continues... but that doesn't mean our job is done. we're still committed to seeing this through. jon: this weekend the earth is going to come into a very close path to another celestial body. we're talking about the moon. the largest full moon of the year will grace our skies saturday night. it will pass a mere 221,000 miles from earth. derek pitts, the franklin institute plan net tear yum's chief stronger with -- astronomer will explain. >> it is oval, jon, because what that means is there are periods when the moon is closer to the earth than others. it is perogee when it has the close path and more distant path of apogee tomorrow night we have convergence of the full moon and paogee. jon: it hits around the east coast, around 7:46, 7:50. when it comes up through the horizon it will look really big, isn't it? >> yes, it will. this is a very interesting optical illusion. we often think that the reason why the moon looks larger is because maybe the atmosphere is magnifying it somehow and in this case people are thinking that it looks bigger because it is a little bit closer to earth but actually this optical illusion of seeing the moon near objects of known size on the horizon that makes it appear larger. you can measure and see it isn't though. jon: really same size as it would be if were in the noon position? >> if you were to take a ruler, jon and measure the height of the moon or the size of the moon on the horizon, and then measure the moon again when it is almost directly overhead you find out it is exactly the same size. jon: there are folks who are saying we could be in for all kinds of problems, earthquakes and the like. any truth to that? >> well here's something to consider. you know the moon is only going to be 3% closer to the earth and gravitational effect that has may affect some tides but only to the tune of about maybe an inch or so difference in height. so in reality the pull of the moon is not going to have that great an effect on anything for volcanic eruptions or earthquakes or any of those sort of things. i think connection between the super moon effect and cinco de mayo that causes most interesting effects. jon: ah-ha. 3% larger but 16% brighter i understand. will be really cool looking. best place to see it? >> best place to see it is outside. any place that gives you a good view of the moon, preferably around the time of horizon. that will be greatest effect. coinciding of two events is 11:30 at night. you will still be able to see the moon again too. jon: i will be out there howling. derek pitts. >> thank you. harris: can we get video of that? jon: i will bring it in monday. harris: attorney general eric holder under fire, fresh fallout from the "fast and furious" gun-running scandal and could contempt charges be on the horse son for him? a developing story. federal agents shot in the line of duty. customs edge inswere pursuing a suspect. how it turned out agent were in harm's way. stay with us >> reporter: rick folbaum in the control room, brand new stories coming up over the next 60 minutes here on "happening now," including this top story. this guy is accused of killing his wife, his trial begins on wednesday, and wait until you hear the strategy that his legal team is going to employ. we have a preview coming up a little bit later. also, a new shift in mitt romney's strategy with some gopers now wondering if he's taking too big a risk. we'll explain what that's about. and then, adding something very simple to your diet could be a big boost for your memory. we'll tell you what it is. we've got that and breaking news as the second hour of "happening now" starts right now. jon: and we begin this brand new hour of "happening now" with developments in the fast and furious investigation. i'm jon scott. harris: and i'm harris faulkner, in if today for gwen that lee. house oversight and government reform committee chairman darrell issa laying out the case for holding attorney general eric holder in contempt of congress. issa sent a 17-page letter to committee members saying it would help them cast an informed vote on the issue, a key step for holding or citing the attorney general. william la jeunesse with the news for us now in los angeles. >> reporter: well, harris, the contempt resolution claims that fast and furious was a top to bottom scandal and the attorney general's attempting to cover it up by withholding evidence and lying. this is not a finding of contempt. that requires a vote. but it does lay out the case why there should be that finding for failing to comply with a subpoena and denying investigators access to those who know what went wrong and who tried to bury it. the resolution says, and i'm quoting: for over a year the department of justice has issued false denials, given answers intended to misdirect investigators, sought to intimidate witnesses, unlawfully withheld subpoena documents and waited to be confronted with indisputable evidence before acknowledging uncomfortable facts. house oversight chairman darrell issa says he hopes this forces doj's hand. >> we expect this to be either complied with or, hopefully on a bipartisan basis, the pressure will be on for the administration to encourage or even force eric holder to give us the kind of information that up until now he's been saying he would generally give and then in specific never giving. >> reporter: now, a subpoena in october demanded documents in 22 categories. issa says doj has yet to provide a single document in 12 of the 22 including who at justice should have known about the tactics used in fast and furious, how the department concluded the operation was fundamentally flawed and how the task force running the investigation failed. here investigators want to know why the fbi and the dea did not tell the atf that the cartel bosses that they were looking for were already on the federal payroll and were untouchable and unindictable. so justice, jon, maintains that it has complied with what they're asking for, that the attorney general's appeared before congress season times and -- seven times, and congress is not entitled to access to materials in ongoing investigations. so while there's no official timetable, next week is going to be critical. when members of the house return and either the committee is going to strike when the iron is hot, or this is going to be seen here as too political, and they could back off. harris: very interesting. lots of layers to the story, makes you wonder what we'll find at the center of it all. thank you for breaking it down, william. a fox business alert now, and movement in the jobs market. the u.s. labor department reporting 365,000 new claims for unemployment benefits. that's actually down, though, from 392,000 from the week before. peter barnes is senior washington correspondent for the fox business network. so, peter, what are the latest numbers telling us about the economy? >> well, harris, the economy is still growing, but it is likely growing more slowly. this claims number was down for the first time in a month, so it's been higher more recently, and it did come in below expectations, so that was good. but it's also becoming harder to look at these claims numbers as reliable indicators. once again, the number for the prior week was revised upward, this time by 4,000 claims. there's been an upward revision now in 60 of the last 61 weeks. >> the revisions create a lot of volatility in terms of estimating as it does for us, and it creates a lot of uncertainty and not a lot of reliability on where this number is. >> reporter: sylvia says the revisions come because the labor department is having a harder time factor anything weather changes, the impact of holidays like easter and their more difficult seasonal adjustments. now, tomorrow we get the big monthly jobs report for april. sylvia is looking for about 170,000 or so new jobs tomorrow, that's in the ballpark for a lot of other economists. but he gets to that number because the monthly jobs report has also been a lot more volatile lately. the economy created about 200,000 or so jobs a month earlier this year, probably helped by the warm weather, then created just 140,000 new jobs in march unexpectedly, so he's basically splitting the difference and thinks that 170,000 or so a month will be the true pace of job creation going forward each month. still, that is not enough to bring the unemployment rate down very quickly. harris? harris: yeah. and that's really the point, to get the whole view of all of this, peter, we appreciate getting it from you. thank you. >> reporter: okay. jon: as the prosecution in the roger clemens suffers another setback, there are more questions about the case itself. critics wondering why the justice department and congress would waste millions of tax dollars to investigate whether the baseball player used steroids. shannon bream is live in washington as the case proceeds. shannon? >> reporter: well, as you know, jon, this is the second time the government has mounted a case against roger clemens. it's estimated that it's already cost several million dollars to this point, and there is concern today that andy pettitte's testimony has thrown a wrench in the government's case. until this peek pettitte had -- week pettitte had sounded firm in his testimony that clemens had told him he had used a banned substance. on cross-examination wednesday, pettitte admits there was a, quote, 50/50 chance he has misunderstood. >> when you have these big, high-profile cases and a jury doesn't convict or a judge throws it out for some reason, it really raises questions about whether the government is putting its resources in the right location and whether they really have a good sense of what is worth prosecuting and what isn't worth prosecuting. >> reporter: clemens is accused of lying to congress under oath about using performance-enhancing drugs. a mistrial was delareed in the original case because of a mistake by the justice department, but attorney general eric holder says this is a case worth retrying. >> the charges there are serious ones. it's about testifying falsely before congress. on that basis, i think it was a justified use of our resources to bring the case. >> reporter: the case continues today, there is an expert testifying right now on the stand about physical evidence collected in the case. we'll keep you updated. jon? jon: please do. shannon bream in washington, thanks. harris: al-qaeda was a disorganized group of terror cells that usama bin laden had very little control over, that's the latest information coming from a set of newly-released documents taken during the raid on bin laden's compound in pakistan, and we're told all of this shows bin laden was frustrated with the incompetence of his al-qaeda members. and had a somewhat contentious relationship with them. katherine her ridge looking into this for us in washington. catherine? >> reporter: well, thank you, harris, and good morning. we're still poring through these documents released just three hours ago. they're 175 pages of arabic with english translation, and this is the very first time anyone has been able to get inside usama bin laden's head by reading his own words. what's key here is that the writings turn long-standing conventional thinking about al-qaeda on its head, while the picture that emerges was one of the al-qaeda leader isolated and adrift, the documents show he was in communication with at least six of his lieutenants in an effort to direct the al-qaeda network from hiding. based on the writings, bin laden was deeply frustrated with al-qaeda in iraq and the suicide bombing campaign that killed innocent muslim iraqis. bin laden inherently saw the negative publicity that was damaging the al-qaeda brand. he wrote, quote: >> reporter: as previously reported on fox, the leader of al-qaeda in yemen wanted the american cleric, al-awlaki, to take his place, but bin laden's writings indicate he had reservations about the cleric. quote: >> reporter: what's also worth noting is that this image of bin laden as a micromanager is confirmed by the documents. he wanted to centralize al-qaeda's media releases because he saw the pr war as vital as the ground war, harris. harris: so interesting. a lot of information in that. catherine, thank you. >> reporter: you're welcome. jon: some fascinating documents. was it murder or a bad reaction to spray-on suntan? a real estate developer on trial for the death of his wife offering a novel defense. and mitt romney tries to widen his appeal by seeking support from the center. rick folbaum is at our web wall. rick? >> reporter: well, we're watching foxnews.com, and the story that caught my attention, the newest member of mensa, the high iq club, and it's not me, is a 2-year-old little girl. a 2-year-old little girl, they almost didn't even realize how smart she was because she needed glasses, and they didn't realize it at first. read all about it at foxnews.com, one of the most popular stories right now. we'll take a quick break, and we'll have more "happening now" coming right up. don't go away. jon: mitt romney's presidential campaign enters a new phase now that romney is running as the likely republican nominee. he is shifting his focus toward mainstream votest in the center of the -- voters in the center of the political spectrum. bob cusack is managing editor of "the hill." this is always a difficult shift to make. is mitt romney, first of all, making it? is he moving more toward the center after the republican primary battle? >> yes, jon, he is on issues like student loans, especially on immigration where he said he would initially veto the dream act, a scaled-back comprehensive bill on immigration reform, then he backtracked and said he would only veto part of it. this happens all the time. barack obama did this in 2008 after he defeated hillary clinton, and mitt romney is going after those independent voters that embraced obama in 2008 but then rejected democrats in 2010. jon: well, it was one of his campaign advisers a couple of months ago who made that famous etch a sketch comment. he said you start over in the general election, you kind of shake the etch a sketch and start over. is that what's going on here? >> it is. obviously, they don't like to say that term, but it is. i mean, they are trying to do this. it's very hard for romney, though, it's tricky because democrat have already attacked him as a flip-flopper. they're saying he's not changing his position, but he is softening his tone, and congressional republicans, by and large, are getting behind him. now, this is going to irritate the republican base. they want obama not to get a second term, but they don't like this shift, and that's going to be something that's one to watch because i think a lot of these republican activists on the right are going to speak out. they already have to some degree on immigration. jon: right. well, he has always been tar with the the label of being a flip-flopper, that's what his campaign aides and the candidate himself have to worry about and watch for, right? >> that's right. especially in this youtube era when you can look back at what he said when he ran for the senate in the 1990s. it's going to be a delicate one, and i think it's going to be interesting to see how much democrats go after him as a flip-flopper and possibly use the script that george w. bush's campaign did against john kerry in 2004. jon: one of the interesting things the romney campaign is saying now is that the detroit bailout, as practiced or as put into place by president obama, essentially came from mitt romney. >> yes. a lot of democrats, they laugh at that suggestion, and they point to op-eds that romney was writing at the time. this is, i think, about ohio. obviously, the bailout affected michigan, but michigan is a blue-leaning state. republicans need to win ohio, and there's some residual effects of that bailout that a lot of ohio voters like. so president obama, vice president joe biden have been talking a lot about that bailout. they think it can help them win ohio. jon: well, at the same time any voters, and i'm talking about conservatives who might not like to see this candidate moving more toward the center, are unlikely to cast their votes for barack obama, are they? >> no, they're not. they're definitely not going to vote for obama, but it's a matter of turnout. they say that if you move too much to the center, we saw a lot of white house hopefuls like rick santorum indicating this, that you can't elect a moderate because a moderate is not going to beat barack obama. democrats, though, have always been concerned about mitt romney. they know he can appeal to independent voters, and the polls show that now. but romney has a tough goal here. he's got to get the independent voters and not deflate the base. that's going to be very, very difficult. jon: and it's always very hard to unseat an incumbent, especially a president. bob cusack from "the hill," thank you. >> thanks, jon. harris: actor ashton kutcher in the hot seat, drawing some fire from critics over a controversial new web ad. to tell us about it, rick is here. >> reporter: this could be more a sign that the world has seen enough of ashton cupper and have absolutely nothing to do with political correctness. do you know what pop chips are? i didn't either. they hired kutcher to do some online ads for them, he plays a different character in each one. he plays a southerner with tattoos all over him, he plays another one, you can see him there as a rastafarian type guy, and another one he's some kind of weird fashion person. and you might have seen in these clips we're showing you now, in one of them he is covered in brown makeup. he's dressed as an indian movie producer named raj -- there thee is right now -- who says he's looking for love, and that is, evidently, what got people upset. the company has taken the ad down, they've pulled it off the internet there after people complained that it was racist. the snack food company says the ad was meant to be funny, not meant to offend people. kutcher, who doesn't ordinarily skip opportunities for publicity, is not comments on this controversy. harris: and he won't be doing that over twitter because he has his pr people. by the way, his wife is looking for suggestions. she no longer wants to be mrs. kutcher on twitter, she needs a new -- >> reporter: his wife? harris: his ex-wife. there you go. >> reporter: okay. jon: just demi, maybe. one of the greatest defense football players in nfl history is dead, apparently a suicide. why this tragedy could open up a pandora's box for the nfl. plus, a former aide back on the stand after emotionally-wrenching testimony for john edwards and his family. why his daughter ran from the courtroom in tears and what's happening today at his trial. 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[ dennis ] dollar for dollar, nobody protects you from mayhem like allstate. is now within your grasp with the all-new e-trade 360 investing dashboard. e-trade 360 is the world's first investing homepage that shows you where all your investments are and what they're doing with free streaming quotes, news, analysis and even your trade ticket. everything exactly the way you want it, all on one page. transform your investing with the all-new e-trade 360 investing dashboard. harris: right now john edwards back in court after a day of emotional testimony. a former staffer recounting excruciating details of an argument between edwards and his wife, elizabeth, after news reports surfaced of his extramarital affair back then. it was all too much for his daughter, kate, who ran from the courtroom in tears yesterday. so how will emotional testimony like this factor into the jury's decision on whether edwards broke the law? let's bring in criminal defense attorney rachel self and former prosecutor, faith jenkins. faith, so with all of this going on the defense doesn't prep the family on what might come out? i understand john edwards at one point and turned to his daughter, i don't know what's coming, you might want to leave. >> with well, harris, at any point there could be testimony that could come out, and they may not know at which point it's actually going to happen. but, obviously, this testimony, there will be a lot of testimony that will have an emotional impact on mr. edwards' parents, on his daughter who's in court and even on the jurors. i mean, look at what the prosecutors are doing now. they're focusing on john edwards' behavior because they're trying to show, they're trying to reveal his character. this is who john edwards is, these are the things that he did, and they want to make the argument at the end of this trial that this is the person who was not just concerned about his family, obviously, but he wanted to use this money to buttress his chances of becoming president of the united states. harris: i'll get more to what that may have or how it may have effected to see his daughter run out of the courtroom, but, rachel, what i want to know from you now is just how -- and we can put some words up on the screen -- how this comes into play. apparently, the jurors are all about rielle hunter, the prosecution saying yesterday to one of its witnesses, christina reynolds, a former edwards' staffer, wanted to know about ms. hunter. the prosecution said: harris: rachel, why is this key to know? >> well, i think that what they're trying to show is that they were concerned that she would effect the actual presidential election. but the bottom line is i feel like every time i hear something about this case, we're casting sleazy, the musical. i don't know how i like less. [laughter] no, seriously. it's like nobody's likable, and the jury's not going to like anybody in this case. but the prosecution trying to show what a bad person john edwards is doesn't necessarily make it a beyond reasonable doubt case of campaign finance reform law violations. they need to show beyond a reasonable doubt that but for the presidential election, he would not have wanted to coffer up this affair -- cover up this affair. i don't know about you, but i certainly know men who don't need to be running for president who do everything they can to cover up their affair. harris: yeah. >> so this is a very, very interesting thing. i think it's they're trying to make it a soap opera when, truly, what matters is the black and white letter of the law, and the statute is clear, and i don't think they've going to convict him. and if they do because the jury doesn't like him, an appeals court will most likely overturn it. harris: all musicals and reality tv aside, what is real about this case is emotional. seeing the daughter, cate, run out of the courtroom in tears, do you consider putting john edwards on the stand now to try to turn this around for the defense just in terms of the image that's left in the jurors' minds? >> i think that's exactly what you'll see happen, i think mr. edwards plans on taking the stand and offering his account of everything that these jurors are hearing from the prosecutor's witnesses. and at the end of the day, i mean, it's really his credibility and his character that will make or break this case. so i think he's absolutely planning on taking the witness stand and testifying to explain some of these things. harris: all right. real quickly, this comes from jonathan serrie, our reporter who's covering this on the ground, he and i e-mail back and forth. he says one of the things nobody's talking about is whether or not that former aide, andrew young and his wife cheri, will face any charges with all the money going around. that's at the heart of this case, rachel? >> andrew young, it's clear he was granted immunity. i'm not sure what happened with husband wife, but the federal prosecutors did grant andrew young immunity, so i don't see them going after him for any criminal action as a result of his testimony and cooperation in this case. harris: all right. thank you so much to both of you for joining us. each day brings about new and more drama in the courtroom. i understand that there are two more former staffers who are on the stand right now. we'll update our viewers as the news happens on this. thank you. >> thank you. >> thank you. jon: there are new questions about head injuries and football players after the apparent suicide of nfl great junior seau. coming up, dr. michael baden on whether there might be a connection. plus, her disappearance sparked a search which uncovered multiple victims of a possible serial killer. now police in new york have new information on shannon gilbert. what an autopsy is telling us today, and what it could mean for this investigation. 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[ male announcer ] for fruits, veggies and natural green tea energy... new v8 v-fusion plus energy. could've had a v8. jon: fox news alert. a tea party favorite is jumping on the romney bandwagon. congresswoman michele bachmann who made her own run for the republican nomination for president is now endorsing mitt romney as part of the endorsement she writes, the only opportunity, this is the opportunity i should say for conservatives, independents and disaffected democrats to join me and governor romney in denying mr. obama a second term. michele bachmann, the congresswoman from minnesota and the former presidential candidate, officially endorsing mitt romney for president. harris: new details now on shootings of three i.c.e. agents in california. federal officials say they were shot while serving warrants in the san francisco bay area. it's a story that has been unfolding since we've been on the air. latest on this with claudia cowan in petaluma, california. claudia? >> reporter: harris, still a heavy police presence in east pet-- petaluma a hour's north drive from san francisco. this was part of a widespread gang sweep that involved multiple locations throughout the bay area. no official word on the exact nature of this operation. that is what we are being told now. locals have been telling us this particular neighborhood is no stranger to drug and gang activity. special agents with i.c.e.. jon: immigrations and customs enforcement, were out here executing high-risk criminal warrants as part of what they're calling an on going criminal investigation. the agents knew the person they were after in this house would not go quietly. they employed a rare tactic, night service, execute search warrants before the sun goes up with the s.w.a.t. team already in place. at 4:00 this morning local time, neighbors report hearing a whole lot of yelling and a whole lot of gunfire. one woman told me it sounded like fireworks going off. guests at nearby best western motel were told to stay put while dozens of law enforcement agent converged on the scene. want to give you a live look at the house. one result of the police action is gaping hole in the garage door there. it is about the size of a person. three homeland security agents were injured, they were all transported to local hospitals. one was taken away by a helicopter, a life flight chopper that landed here in this intersection. we understand one of the agents was shot in the arm. that all three are expected to be okay and one suspect in custody after a very tense morning here in east petaluma. harris, back to you. harris: boy, i can imagine what people in that area must have thought seeing a chopper land in the middle of street seeing this unfold in front of them. thank you, claudia. jon: some new information in the tragic death of junior seau, considered one of the best nfl defensive players of his generation. the former san diego chargers linebacker shot dead in on apparent suicide. there is speculation that traumatic brain injury might have played a role. dr. michael baden, forensic pathologist and fox news contributor is with us for what can be learned from seau's autopsy. as far as i know there isn't any indication that the repeated heats that you would naturally take as an nfl linebacker played, played a role in seau's death and suicide, but, there are a number of other prominent nfl players who have taken their own lives and said, either they said or their families said, that traumatic brain injury, con discussions -- concussions and so forth were responsible. will they do an autopsy in a suicide case and what will junior seau's brain be able to tell them? >> yes. they will do an autopsy. they will see if the initial police determination of suicide is correct from the autopsy findings. and, they will look at the brain. now, dave duerson shot himself in the chest a year ago and left a note that he wanted, football player with the bears i think, and he left a note saying he wanted his brain examined for evidence of it. bi to help other football players. if the family of junior seau wishes to do the same thing they can and it's interesting because dave duerson and seau both shot themselves in the chest which is unusual for gunshot suicides. the great majority of gunshot suicide are through the head. jon: right. >> if you shoot yourself in the head, that destroys the value of the brain for research purposes. >> right, duerson left that note suggesting that he want his brain preserved so the nfl and doctors could study it. >> right. jon: in seau's case, there was indication in 2010, he drove off a cliff, drove his car off a cliff in california on the day he was charged with domestic battery, assault or something like that. >> right. jon: he later said it was not a suicide attempt but a lot of people wonder. >> jon, you're absolutely right. the problem in evaluating suicides is there are many different reasons why people commit suicides and many times we don't know why. so with the interest, the concerns about brain injury and football players, and boxers, it's a matter of looking, if there is a greater incidence of suicide under these circumstances and look at the brain for evidence of long-term injuris. just because somebody doesn't get hit in the head or knocked out, joe louis didn't get knocked out. muhammad ali didn't get knocked out much but they did suffer brain damages. if the brain is examined for tbi as a research project and then the chemical analyses and looking at hundreds of slides under the microscope will help define the kind damages if any that junior seau has and compare it to other football players who have died and their, his super bowl year, there were eight other players that have died under the age of 45, even though he is the only suicide. jon: right. >> deaths of athletes has become an issue. jon: right. those were enlarged hearts, car accidents and so forth. but one thing real quickly. >> right. jon: anybody who is in the limelight and he was a great player for 20 years, all of sudden the limelight is gone, that could result in depression that has nothing to do with brain injury. >> you're absolutely right. the one risk factor that we know about for suicide is depression. and there are lots of reasons why people get depressed, especially if they have been way up in the world and they come down, for example. but very few people, the incidence of depressed people committing suicide is very small. but, the incidence of suicides is 90% under depressed. jon: dr. michael baden. always good to talk to you. thank you. >> good to talk to you. harris: attorneys for a florida man accused killing his wife working on a very interesting defense, claiming her spray tan played a critical role in her death. rick is here with the story from new york city newsroom. rick, spray tan? >> reporter: that is the defense. prominent florida real estate developer, adam kaufman. is set to go on trial this week for murder of his wife he will la nor. he claimed he found his wife dead on the floor in the bathroom. it was two years that before her death was declared murder. it would be consistent with someone strangling her. the defense is offering another explanation from death of 33-year-old woman. they say he will la nor suffered violent reaction to spray tan she applied the day before. then she fell back on top of a magazine rack in the bathroom which caused her to choke to death. the prosecution scoffing at the defense's version of events but the state could be facing uphill battle at the trial, harris, there doesn't seem to be a motive here. no reason why the husband would want to kill his wife. a lot of eleanor friends are supporting him. they say he is innocent. they are expected to take the stand for his defense when the trial gets started. we'll follow it and keep you posted. harris: rick, thank you. jon: a new study shows you can lower your risk of developing alzheimer's just by eating certain foods. that information coming up. 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[ male announcer ] glucerna hunger smart. a smart way to help manage hunger and diabetes. harris: new developments now in the death of shannon gilbert. she is the young prostitute found in a marshy area of new york's long island. search for her remains let police to 10 other sets of remains, bodies who may be the victims of one or more serial killers. medical examiners say gilbert's autopsy was inconclusive and her cause of death unknown. what does this mean for the long search for a possible serial killer or more than one in new york? let's bring in retired new york detective patrick brosnan and dr. michael baden, forensic pa thol exist and -- pathologist and fox news tore. dr. baud ben i want to start with you, undetermined, what does it mean for a cause of death? >> means when the autopsy was done 19 months after she disappeared they couldn't find the precise cause of death and therefore they couldn't find the cause of death or the manner of death and they're leaving the whole thing undetermined. although under these circumstances adpri with the mom who is saying she was murdered. she was last seen running from a house with her person who brought her there, chasing after her. she is not seen anymore. i think that person has to be high on the list of persons of interest. harris: yeah. you know we have 911 calls that we know about from that night. we also have the fact that the body was found in a swampy area. detective brosnan, i'm curious to know how, not knowing how she died figures into the investigation at this point? >> well, harris, the thing is that the nonconclusive determination is actually consistent with the facts that we knew at the time. dr. baden points out that there was a 23-minute 911 call where shannon was literally and figuratively running for her live from the individual who we have to put at the top of the pile was the pump who brought her to that john's house that morning. in route to running for her life through this very, very dense, very difficult to navigate marshland, i've been out there with your colleague, she slammed on the door of a neighbor, gus coletti, begging for help. so again, it is consistent with the fact as we knew at the time from two years to the day that she was running for her life. somehow she expired in that, you know, in that series of facts but as far as it being part of one serial killer i have never bought into that theory. i still don't. there were 65 bodies found up in pelham bay park in the bronx over a seven-year period. all the bad guys, know, harris, when you want to dump a body, bring it to the booneys. that is where you go. harris: video you see with jenna lee. i'm filling in for her today. you were out there. i remember one of those things jenna said from the coverage that is tough area to 1/2 fate in the day time let alone at night but you're saying detectives don't necessarily suspect murder. i want to go back to dr. baden about the mom who has seen and talked with the medical examiner over time and bones from the neck were missing and other indications that she might have been murdered. what would be your opinion if you were working this case, dr. baden? >> harris i think she was strangled. i think this is enough to be called a murder. bones from the medical exam uper, bones in the neck, adam's apple and little bone above i had, the hyoid bone, those are the two bones that get damaged during strangulation but there are also two very small bones so that because they waited 19 months before they find the body, those two bones often deteriorate and rodents take them away. given everything there is no other reason for death. there, she is a healthy person and i think it's a farfetched to say she drowned, conveniently drowned at the time she was running away and trying to escape somebody. harris: i want to make this point -- >> i also think, if i can, harris, one thing, the differ a little bit with pat. i just think this all be one person doing the murders especially the craigslist prostitutes. harris: interesting. so you're thinking it is one serial killer but i want to go back to the point with the parents now. >> yes. harris: detective, there were some tests that were done. found no cocaine on shannan's hair but they didn't do more drug testing according to the family. how much would be maybe, routine? and do the parents have a beef that's legitimate that not enough has been done? >> well to the first part of the question, routine would be, there's a almost a chinese menu of different controlled substances that can be tested for in the hair specifically cocaine is one and that's the one they did but there are others as well. there is heroin, marijuana, different opiates and chris tell methaphetamine. i concur with the parent's beef there should be broader controlled inquiry of the controlled substances in her body at the time. harris: as we look at this case we find out all this started and they were looking for shannan gilbert and came across all the remains in that same location. now we don't know how she died. doctor, from what you're saying we may never know. gentlemen, thank you. >> thank you, harris. harris: you want to lower your risk for developing alzheimer's disease? change your diet. we'll tell you which foods can do wonders in keeping your mind sharp. stay close. 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. harris: right now a new study out on memory loss find eating foods rich in a certain nutrient can decrease the gettingals himmer diseases rick folbaum has the latest. >> reporter: omega fatty acids, walnuts, kale, tofu and flax seed. one gram of omega-3 fatty acid, half a piece of salmon, reduce the levels of protein in the blood that is associated with alzheimer's disease and they reduced it by 20 to 30%. the study found the more owe make fwa 3 you eat the -- omega-3 you eat the lower protein drops. this comes out on the heels of a study in 2010, who found out ate a diet rich of omega-3 had 40% lower risk of developing alzheimer's disease. at the time research don't know why this is working out. this new study seems to explain the connection. i suddenly know, harris, what i am having for lunch. harris: yeah, i'm hungry. thank you. jon: just in, some new video of the challenger disaster from 1986. phil keating live in miami with that. phil? >> reporter: hi, jon. this is now just the third-ever home video of that 1986 challenger disaster to surface and the second one this year. >> are you taking this now, steve? >> reporter: that the late hope and her friends being videotaped by hope's late husband steven on as you can see a very cold florida morning on january 28th, 1986. hope was a retired school nurse. so she had a special enthusiasm for christa mcauliffe who was nasa's first teacher to go up in space. >> go, chris. go chris, go chris. beautiful. >> reporter: just like for many witnesses at the time, at first, there was confusion, and then painful despair. >> something is wrong. they're coming back. oh, no. [inaudible] >> oh, no. no. [inaudible] >> oh, no. charlie, they're all gone. their vehicle exploded. they're gone. oh. they were here and now they're gone. >> reporter: and towards the end of this clip hope in her very shaky voice, offers this prayer for the seven dead astronauts. >> may their souls and all souls through the mercy of god rest in peace. >> reporter: they both died in the 1990s but recently their neas, tricia hunt was going through all of their home videos looking for her wedding footage. she has yet to find the wedding footage, fascinating for all of us she found this 25 minute clip of tragic american history. jon? jon: that is still so powerful and moving all these years later. >> reporter: so true. jon: phil keating thank you. and we'll be right back. n... and a choice. take advil no and maybe up to four in a day. or choose aleve and two pills for a day free of pain. way to go, coach. ♪ way to go, coach. greetings from the people here sure are friendly but some have had a hard time understanding my accent. so to make sure people get every word of the geico savings message i've been practicing how to talk like a true chicagoan. switching to geico could save you hundreds of dollars on car insurance... da bears. haha... you people sure do talk funny. geico®. fifteen minutes could save you fifteen percent or more on car insurance. harris: i'm live on twitter, and everybody's talking about their favorite stories. mine was the big moon. jon: the super moon. it's tomorrow night. kind of what it might look like if you're near the lincoln memorial. harris: nice. jon: people are unclear on this, it reaches its closest point to earth at about 11:35 eastern, but you don't have to wait to see it,

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