countdown is on to the quote, zero hour. the item isis is threatening to launch attacks in rome. supporters say the group has its pillars in place. let's get to it. now shepard smith reporting, live from the fox news deck. and first from the fox news deck this wednesday afternoon, good news. very good news in fact. baltimore is calm there's prayer in the streets and there's music in the air. school's about to let out for the first time since the riot. we'll watch that. and as for baseball something kind of awesome is happening. we'll get to that. zero signs of a repeat of what happened this time on monday. far from it. we heard from police. cops are keeping an eye on a small protest when which they say is peaceful. also an eye on the dismissal of schools. they have resources ready just in case. last night, dramatically calmer than we saw on monday as thousands of national guard troops lined the streets. the cops made just three dozen arrests last night, way down from the 200 plus on monday but during the night, police did fire tear gas and pepper spray to scatter protesters that wouldn't leave, once the streets were clear, everything stayed largely calm up until day break. today maryland's governor says the curfew was a success. >> it was a terrific night, but you know we're still vigilant. we don't know that things are over with. there's still some raw emotions still frustrations and we're just going to make sure to continue to maintain the peace in the city so we have more niekts like last night and no more like monday night. >> now peaceful protesters are trying to turn the attention back to where things belong the death of freddie gray. its been ten days since he died. cops have not explained what happened after his arrest when a family attorney says freddie gray's spine was almost severed. no explanation either for why it took so long to get him medical help or why the police stopped freddie gray in the first place after he made eye contact with cops and tried to run away. the commissioner says police will have findings of their investigation on friday. but they won't say when the report will go public if it ever does. meantime as people clean up the mess that the rioters left behind we're seeing signs that the community is really coming together. ♪ that is the baltimore symphony orchestra holding a free concert earlier today. as you can see it was crowded outside. the concert one of really countless positive gestures out of baltimore in the l of days. we have pictures in the slide show i want to show you this afternoon. often these are bad pictures from something bad in the world, these are great. here are volunteers if i could make it work. here volunteers cleaning up in front of the cvs, really since the looters set fire on late monday. folks here they set up they set up a bouncy house for the inflatable kids fun, and then here's a guy on a bicycle, look at this. he's giving a fist bump to a cop. right on the street. everybody kind of smiling. and, a little more music on the streets. these are just every day folks out and about in the neighborhoods by the row houses. we're told this guy had just been hit with pepper spray. see what he's doing there, he's giving it the heart. nothing but love is the message there. the salvation army giving out food there on a beautiful day in baltimore, and not crowded. look at this. great sign for tomorrow. little boy, greeting a police officer, smiling and shaking hands. look at that yoga mat on the back there. another police officer in the back. signs of real progress. speaking of kids and cops that pic on the wall has become one of the most memorable images of this week. a child handing out water to police. it's just about everywhere. we have team fox coverage out of baltimore, rick leventhal's at camden yards, the white sox and orioles in an empty park. there's more to the story that's good. first, let's get to leland you're been through a lot, my man, what's it like today? looks nice. >> it does indeed shep yesterday, the overwhelming force, i'm standing with hundreds of police in riot gear today. it's overwhelming friendliness. look at the police. none wearing riot gear. high fives, fist bumps, kids were getting out of school. its been out for 30 minutes so far, and the fear of some kind of repeat where there'd be rioting and looting hasn't materialized even though there was chatter on social media. there was an overwhelming police presence. look on this block over here one, two, three, four five six, seven, dozens of officers up and down just this one block. there are many more all throughout the neighborhoods on the streets ready to respond but also to try and mend the bridges. at least so far has happened today. you do get a feeling right now that there is a sense of calm one officer told me we're praying for the best and planning for the worst. >> what else can you do? last night looked man, looked really good. >> it did look really good last night. and things were very calm but there was a lot of police presence. and right when the curfew happened at 10:00, almost everybody went home. i say almost there was still a lot of people who wanted to pick a fight with the police. and the dozens of numbers were taunting the police yelling at them cursing at them. two water bottles, not the rocks and pelting we saw before but the police were ready, they had reinforcements from the mid-atlantic tear gas, pepper spray, and some of those pepper bullets that came out as well. consider this number shep that is we're only about seven arrests for curfew violations. on the average day, they make more than 100 arrests anyway. so statistically, what we're seeing here is if there are agitators out thereto, it is a very very small number the question of course is everything is so peaceful now, as the sun goes down once again, in about five hours from now, how are things going to be and how do things process through the night on saturday we're told there was yet another march here planned in baltimore. then we'll have to figure out whether baltimore is really turned a corner or not. >> looking good. leland good to see you. then there's the other side to all of this. the police finish their investigation they tell us into freddie gray's death by friday. then the police commissioner says they'll hand it over to a prosecutor who will eventually decide whether there are any charges to file. and in addition to that the fbi and the justice department report that they're looking into whether police officers violated gray's civil rights. let's take it to the judge, senior judicial analyst, andrew napolitano is here with us on the news deck. you've been very outspoken about your thoughts based on the information that the police have released today. >> right. and the essence of the conclusion that i have drawn is that the trigger point for this as much as it was the death of freddie gray it was the absence of the identification of the cops and the charges presented against the cops. this was avoided in south carolina of course there we had a video of a cop shooting the guy in the back. it was avoided in south carolina by the quick identification of him, and the quick charging of him with what appeared to be reasonable at the time. they sense have adjusted the charges, but he's still in jail. people got the perception and the reality that the law applies to everybody. there's not one set of laws for the police and one for everybody else. now we are confronted with a variety of investigations. the police have an internal investigation to see what these cops did. why they stopped him. what each of the six say happened in the van. we have the -- >> they gave a report on why they stopped him. >> they have to have more than that. because that report simply will not hold -- >> normally the police report is the initial report of everything that happened, and it said -- >> correct, they stopped him because he made eye contact and bolted and they chased him. i tell you under the law everywhere in the united states of america, that is an insufficient basis, without more to chase, to pursue to restrain and arrest him. if there's more that they haven't told us what the more is. i would think by now, if there was more if they found a controlled dangerous substance on his person if somebody had said freddie gray is going to kill somebody or he's about to engage -- >> there's none of that. >> none of that. so the first investigation is the police of the police. the brass of the six officers. the second investigation is the district attorney of these six officers. the third investigation is the fbi of the police department as a whole and whether they are involved in any kind of a cover up. feds will probably wait because you'll have a dead human being here. and there has to be an explanation to the public about how his death came about. it would seem to me that this is a form of homicide. it is either second-degree murder, if they intended to cause his death, probably not likely or criminally negligent homicide if they put him in such a position and drove in such a way that it was more likely than not that he would suffer the series injuries. >> and under that circumstance you think what should have already happened? >> they should have identified charged, and arrested and had their first appearance in court. and the judge will decide whether or not they get bail. the shields have to be removed. >> the police officers. >> absolutely. suppose none of the police officers talk none of these six want to point to the other, then the government is confronted with the following dilemma. they have an obligation as police officers to report what they saw, their fellow officers do with freddie when he was alive and when he was dead. if they don't follow that obligation then they can no longer be police officers. so if they choose to remain silent as defendants and potential defendants can, and they have that right. they can no longer be police officers. then the government should choose the one it believes is least involved and give that person immunity. when you have immunity you have no fifth amendment right and that person would be compelled bay judge to testify against the other five. the government has to find out what happened here. they cannot be confronted with a blue wall of silence. the public has every right to know what became of freddie when he was in the custody of the police. >> and you mentioned what this would be like in reverse. >> if it were reverse, 6-3, and broken the neck and crushed the windpipe of the police officers civilians woufbl charged, incarcerated and got no bail and the process would have started. this is not to suggest that any of what we witnessed, and you and i covered this together midnight two or three nights ago, was it all justified. first amendment lets you say whatever you want about the government it does not let y you destroy property and threaten lives. and it's a happy ending that that part of this is now over. >> the rest of it is not happy. >> the rest is not happy, and it's just beginning. >> judge, thank you. >> you're welcome, shep. >> ahead, we've never seen anything like this major league teams playing in a completely empty stadium. white sox at orioles, no crowds cheering no hot dog venders, no fans watching. and frankly, there's been a lot to watch. what do you think the store might be? we'll get to tricky ricky leventhal in camden yards in just a minute, hang on. 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>> well i mean think about those three games they're going to play in tampa instead of here. today, no seats sold. you know 100,000 tickets or more that they could have sold that they're not. the concessions, the local merchants who will be selling beer all day today and for the next few days it's definitely in the millions. >> all right. rick leventhal at camden yards -- uh-oh, what just happened? something good. >> i don't know i can barely see. it's hard to say. >> looks like your average seat. >> it's still 7-2. >> all right, rick. we'll keep you updated. >> thank you, rick leventhal live at the park. i just saw it now, it was a foul ball that would have been close if it hadn't been fouled. anyway the family of an american al qaeda hostage sent a six-figure ransom to free him and the fbi helped deliver it. never saw freedom. years later the united states killed him in a drone strike. it's a bomb shell report from the wall street journal newspaper that's just out. and we'll talk live with the associate editor john bussy, think about that the family paying ransom fbi helping out, but we don't negotiate with terrorists. what happened? wall street journal managing editor, coming up. the united states government helped a hostage's family pay ransom to al qaeda even as the white house says it is against united states government policy to make any concessions to terrorists. so that's the problem. and the word is coming to us from the wall street journal newspaper. in an article that's out today. and in it the writer claims that the fbi helped the family of the hostage warren weinstein by checking the background of a courier who was to deliver the money in pakistan. this report indicates that the government also provided intelligence to help the pay-off happen. well the family privately raised a quarter million dollar ransom which the courier says he delivered, but the hostage still didn't go free. and now, the president announced just last week that a u.s. drone strike accidentally killed warren weinstein back in january. the white house has said that the united states will not negotiate with terrorists. we all know that. and the families of other american hostages accused the feds of threatening to prosecute them if they paid ransom money on their own. one of those hostages the journalist james foley died when his isis fighters cut off his head. isis is apparently still holding another american. this journalist austin tice. the mother told the wall street journal that a senior white house official warned her that paying ransom for her son would be illegal. the white house spokesman, or the press secretary, reacted a short time ago, take a listen. >> we'll look into this for you a little bit further. it sounds like maybe you should a conversation with the fbi about if they're so prominently featured in the story. the policy that's been placed throughout the six years the obama administration and, that was in place during the previous administration as well is one that continues to be in place right now. and that is specifically that the united states government will not make concessions can terrorists. >> and we've put in a call to the fbi to the people we normally communicate with there, they have not gotten back to us. wall street journal editor john busy is here with us. tell us the background. >> yeah the reporters are on this. it is a contraction, isn't it? for the administration. but tells you about the tough position that fbi agents are in. they are trying to help the family during a hostage-taking they are trying to guide them if they're getting an offer to pay a ransom and in this instance, what the fbi told the reporter the possibility came up within we were seeking to protect the family. we weren't authorizing it, we weren't approving it but what we did is say look we're going to check this out for you to let you know if we know he's a known criminal -- >> the guy delivering the money. >> exactly right. and we'll provide you with other intelligence what that was is not entirely clear, and the family went ahead. and as you point out, the ransom was paid in 2012 quite some time ago, and weinstein was not released. >> and the government has said what about what it did? >> well, the government's saying that its policy remains in intact. it does not condone the payment of ransom because it believes it would put at risk other u.s. citizens. criminals will seek to kidnap them because they know this is a source of financing. so the government's saying we're not for this but the fbi and the government and others have sent families mixed messages. at times said look in this instance was one of those, paying the ransom might, among all of the terrible choices be the best among them. the official line from the government though has been that no ransom should be paid. we don't condone it and we won't facilitate it. >> one hostage family has, prominent one came forward and said we were told if we get involved in any family-only money to pay a ransom we could be prosecuted. >> that's right. we're going to get in trouble. the government has also told other nations that they do not condone the payment of ransom. france for example which has, japan which did not earlier this year and duoof its citizens were killed. so there have been disagreement but it is a very difficult position. you could understand of the administration's long-time, the washington's long-time policy on this. this goes way back before the obama administration. that it does put other citizens at risk. or on the other hand you could understand it if the fbi agents who are almost in daily contact with families of a hostage, say look we'll do our best if that's the route you decide to go to protect you, to give you information about this person. >> think about this poor family. first they paid the ransom against all of this it didn't work. the hostage was not released and now news from last week it's just heart breaking. >> it's tragedy upon tragedy. it is. >> the conflict here in policy and love of people is a really interesting one. and the article's a great one at wsj.com right now. thank you, john. >> my pleasure. >> interested to hear what the fbi comes forward and says publicly so far, nothing. >> probably won't say anything publicly. look, this was a particular circumstance in which a couple of agents or the agency provided information, again, not approving the ransom payment, but just to protect the family. >> yeah. john busy thank you. there's word that islamic state militants are in rome now getting ready to attack there. the group has already vowed to conquer the city of rome. we've heard that. we'll have more in a moment. plus the feds could not tell the difference between a kite and a gyrocopter that gyrocopter thing that landed on the lawn outside the u.s. capitol. we'll hear what went over at the capitol today. that's coming up on fox news channel. 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"how can my car depreciate before it's first oil change?" you ask. maybe the better question is why do you have that insurance company? with liberty mutual new car replacement, we'll replace the full value of your car. see car insurance in a whole new light. liberty mutual insurance. agents who keep the nation's capitol safe cannot tell the difference between a gyrocopter and a flock of birds. that is the admission from the faa after he was hammered over the embarrassing security breach this month. the gyrocopter that landed didn't appear to be a threat on radar. it flew from pennsylvania into restricted air space without raising any red flags, listen. >> you have a dude in a gyrocopter 100 feet in the air crossing air ho's job is it to take them down? >> defense officials responded that a small aircraft create aztec any call challenge -- creates a technical challenge for them. he was protesting the influence of money and american politics. he could face up to four years in prison. islamic state militants are inside rome now waiting for zero hour. that's according to threatening photographs that were posted on twitter, ones like this one. somebody holding up a piece of paper that reads, #islamic state in rome. and there are more like this. some in front of the city's famous landmarks including the coliseum. officials in rome have stepped up security earlier this year the islamic state threatened to quote, conquer rome with ayala's permission in a video that showed masked terrorists beheading 21 egyptian christians in libya. katherine heatherage monitors stuff like this. >> they have known ties to the terror organization and they follow a pattern. each image shows a hand holding a handwritten note with the isis slogan and in the background city of rome a self-y to read the location. now we act with photos in your street soon we will act with our sharp knives. the future is not far away. and a leading terrorism analyst says the group's social media campaign has a clear objective to leave the impression they are everywhere when they really aren't. >> while this is probably noise, doesn't really mean anything at all optionally you have to be careful that they may havesympathizers. >> it had nearly identical images in chicago, also in washington, d.c. and also in new york city shep. >> and i mentioned they've stepped up security there across rome right? >> well the italians are paraknowed because isis has a track record of doing what they say. after the execution libya of the 21 egyptian christians the terror group promised that rome was next. and intelligence officials told fox news that isis wants to use libya as a kind of launching pad for regional attacks. italy is only a boat ride or short flight away and the group is weighing the foundation to do just that. so the isis threat outside iraq and syria is very real. late yesterday, the saudi arabian government publicly confirmed a series of raids towards an isis bomb attack in the capitol riyadh. the minister saying that more than 60 people were arrested. so the u.s. intelligence community says they have no reason to doubt the plot was credible and unfortunately, it fits the pattern. isis targeted the u.s. consulate in northern iraq shep. >> thanks kat. >> you're welcome. the iranians say they have a legal right to take control of a cargo ship flying the flag of the marshall islands. now u.s. officials say an american warship is nearby keeping an eye on things. >> under the u.s. republic of marshall island compact of free association, the u.s. has full authority and responsibility for security and defense matters in or relating to the marshall islands, including matters relating to vessels flying their flags. >> the ship's operators say iranian forces ordered that ship to go to a port in iran after firing warning shots across the bridge and boarding the vessel. this happened yesterday in the strait of hormoz a key shipping lane and the only water route to and from the persian gulf. this comes at a tense time for the united states and iran. last week american warships trailed an iranian convoy to stop it from delivering weapons to rebels in yemen. negotiators from the united states and several other countries are facing a june 30th deadline to finalize a nuclear deal with iran. the rest of this from leah gabriel now. iran is explaining why it did this? >> that's right. iran's foreign minister says this is not about freedom of navigation to the strait his country respects that and kmipted to that, he says this is about the ship in particular. and that according to lawyers, it either didn't pay for or didn't deliver cargo. about 15 years ago. >> simply our naval forces implemented the decision of the court, that's a legal case and it's being followed as a legal case. it's not a security issue or a portfolio issue. >> now, it's worth mentioning that according to the department of energy this is the most important choke point in the world in terms of oil flow. and shep as you know, iran repeatedly threatened to shut it down. the u.s. navy will not allow that. >> the shipping company, what are they saying? >> i spoke with an executive that actually chartered the ship they said that he has not been able to confirm the reason that the ship was actually seized but i also asked about possible ties between this activity and other geopolitical activities with iran in the region here's what he said. >> we really do not want to speculate into the political matters. we will focus on the situation at hand and make sure that we find out more details, the reasoning behind the vessels being held back. and then try to resolve the matter as quickly as possible to get the crew and the vessel released again. >> now he said that he has been in contact with the company that operates the ship itself. and the crew is safe. as for this dispute over cargo, shep he said it is not normal for a vessel to be forced off an international trade route like this. >> yeah iran tweaking. thank you, leah. here in the united states the economy grew at its slowest pace in a whole year between january and march. that's according to the commerce department. in fact the growth rate was just .2%, a lot lower than economists predicted, and down from the 2.2% in the fourth quarter of last year. so why? well the economists are blaming a drop in exports and less oil and gas drilling but analysts are saying they expected a solid rebound for the rest of this year just like we saw last year. jerry willis is with us 5:00 eastern time 4:00 in oxford on the fox business network. put the numbers this perspective. how does this live up to previous quarters. >> past quarter, december final quarter of the year last year was growth of 2.2% and people were disappointed by that. they didn't like this. first quarter of the year ago was negative 2.1% that looks like a plus 2% it's a negative .1%. the skmi skidding to a halt. and it's more than just a strong dollar that is not allowing us to sell our goods overseas. consumers are staying home too. economists were shocked by this because they were expecting growth they didn't get it. the administration here saying hey, the weather was bad, maybe that has something to do with it. >> on the whole, really americans have been on a spending spree, have we slowed that down? >> i don't see much of a spending spending spree, the almighty consumer feels the growth two-thirds of spending typically the consumer. look at these numbers. consumers spending at 1.9% look at that the, in the first quarter down from 4.4%. these are both increases, right. so this is a decline in the growth but even so you would have expected consumers to start opening up that wallet that's what we've been waiting for, that's what we're really looking for to push this economy ahead. >> in parts, we couldn't get out of the driveway six feet of snow. and they think maybe that's some of it? >> i think that's some of it but you've got to understand an economist knew that right, and they were still totally wrong be their expectations surprising. >> got to watch it. >> got to watch it. >> we'll watch for you on the business network, 5:00 eastern. capsule bringing supplies to the international space station is spinning out of control above earth. this is happening right now. sarah has the late details. this was way unexpected. >> definitely unexpected. here's the capsule yesterday before takeoff. russian-made it was headed for the international space station to bring supplies shortly after takeoff, ground control lost communication with it. they made it into orbit, but it's spending out of control. >> is that the camera view? >> there's earth, and it goes around again. it can get dizzying to watch. it was declared a total loss of goods today. food, water, equipment, and clothing. one was waiting for that supplies is scott kelly, an american up there. he's a few months into his year-long stay on the international space station. he says the capsule's going to reenter the earth's atmosphere no one knows when that's going to happen. it's expected to disintegrate before it reaches the surface, and nasa says that those astronauts do have enough supplies to make it until the next launch can get up there. >> that's good. look at how they spelled his name. >> yeah doesn't quite look like scott to me. >> i guess that's because maybe it's in russian. >> i would imagine so yes. >> i can't even begin that one. >> that's weird. i'm surprised -- i guess they have to talk to the russians or something, here's my name. >> people from a lot of national distance up there. >> i don't know. thank you. thank you, sarah. well more than 5,000 people are now confirmed dead from that earthquake in nepal. the numbers just keep going up as the first aid shipments reach the center. live reports and the americans still believed to be missing and how we can all help if we're so inclined, that's coming up. across america, people are taking charge of their type 2 diabetes... ...with non-insulin victoza. for a while, i took a pill to lower my blood sugar but it didn't get me to my goal. so i asked my doctor about victoza. he said victoza works differently than pills and comes in a pen. victoza is proven to lower blood sugar and a1c. it's taken once a day, any time. and the needle is thin. victoza is not for weight loss but it may help you lose some weight. victoza is an injectable prescription medicine that may improve blood sugar in adults with type 2 diabetes when used with diet and exercise. it is not recommended as the first medication to treat diabetes and should not be used in people with type 1 diabetes or diabetic ketoacidosis. victoza has not been studied with mealtime insulin. victoza is not insulin. do not take victoza if you have a personal or family history of medullary thyroid cancer multiple endocrine neoplasia syndrome type 2, or if you are allergic to victoza or any of its ingredients. symptoms 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like you to know. we don't collect killer whales from the wild. and haven't for 35 years. with the hightest standard of animal care in the world, our whales are healthy. they're thriving. i wouldn't work here if they weren't. and government research shows they live just as long as whales in the wild. caring for these whales, we have a great responsibility to get that right. and we take it very seriously. because we love them. and we know you love them too. 13 minutes before the hour now. the first aid shipments are now reaching areas near the epicenter of nepal's devastating earthquake. police there now say at least 5,000 people died including four americans. but nepal's prime minister says the final number of dead would be as high as 10,000. food and emergency supplies are beginning to trickle in to remote villages four days later they tell us. officials say it'll take more time to reach survivors in isolated communities that are cut off by the landslide. the white house says president obama spoke with nepal's prime minister today, and said that the united states will do all it can to help the victims. and in the meantime hundreds of survivors blocked traffic in the capital city of kathmandu to protest the delays in the aid delivery. the united nations reports 1.4 million people desperately need food. and many americans are reportedly still trying to get to safety. our chief correspondent, jonathan hunt has more on this for us. rescuers say they're still hoping to find survivors. >> they are hopeful, shep even at this stage. frankly with every passing hour the likelihood of that happening gets slimmer and slimmer. not to say that there aren't miracles look at this a miracle until itself. this 27-year-old, three days after the earthquake hit, pulled from the rubble of a hotel. he had spent three days there as they say, basically given up hope he said when the rescuers finally got through to him. the aid is finally getting through, but it's simply not enough more food coordinated say they need more tents. it's not a question of the will the international community have stepped up but simply its infrastructure. kathmandu airport not built to handle the hundreds of aircraft that need to be taking off and landing every day if the aid is become enough to help the people of nepal, shep. >> do we know exactly how many americans are still missing? >> no quite simply we do not. now u.s. officials say they've been fielding fielding hundreds of calls about americans who are potentially missing, but they don't know how many of those calls are doubling up on names with how many americans might not actually be in nepal. there is some good now though some americans have been missing, we told you at this hour yesterday, shep about cat heldman, she was hiking with her husband and two other americans in the province where a national park where that huge landslide also hit yesterday. i spoke to caroline her sister this morning, she tells me that a military helicopter rescued the party today. they are all navigating their long and happy journey home to san diego, shep. >> good news jonathan thanks so much. well supreme court now saying it's like burning people alive, about a drug that some states use for lethal injections. the controversy coming up. tylenol was ok, but it was 6 pills a day. but aleve is just 2 pills all day. and now, i'm back! aleve. your mom's got your back. your friends have your back. your dog's definitely got your back. but who's got your back when you need legal help? we do. we're legalzoom, and over the last 10 years, we've helped millions of people protect their families and run their businesses. we have the right people on-hand to answer your questions backed by a trusted network of attorneys. so visit us today for legal help you can count on. legalzoom. legal help is here. at red lobster's create your own seafood trio... ...if it looks tasty you order it. choose 3 of 9 dishes for just $15.99. like baked lobster 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made it all the way to the supreme court. justices heard arguments today in a decision that could mean big changes in the way states execute prisoners. this case centers around a three-drug combination which these states use for lethal injections. it starts with a sedative to put prisoners into a deep sleep before another kicks in shutting down breathing and stopping the heart. but officials have had trouble getting their hands on the sedatives to knock out the prisoners so these states have authorized the use of another drug. well critics say the alternative isn't guaranteed to work making a cruel form of punishment. they point out to a case in oklahoma last year. a prisoner woke up during his execution. it took more than 40 minutes to put him to death. oklahoma officials say that they've since increased the dosage to make sure that the sedative worked. shannon bream is in washington. got pretty heated in the court today, huh? >> at one point justice alito referenced guerrilla warfare. they make sure the two drugs states used previously to induce the coma-like state won't be available and then when states are forced to use less reliable drugs they get sued. justice scalia jumped in saying to the inmate's attorney, quote you want to come before the court and say, well this third drug is not 100% sure. the reason it isn't 100% sure is because the abolitionists have rendered it impossible to get the 100% sure drug. well the question becomes if you can't be sure a prisoner is unconscious and unable to feel pain is the entire protocol then unconstitutional shep. >> the critics are claiming this can be a very painful way to die. >> yeah and justice kagan repeatedly emphasized that and said if the first drug that is supposed to put you in a coma-like state, the second drug gives the person the feeling of being burned alive from the inside. and the attorney arguing on behalf of oklahoma said, quote, suppose we said we're going to burn you at the stake but before we do we'll use an anesthetic of completely unknown properties and effects, maybe you'll feel it, maybe you won't, you can't tell and you think that would be okay? oklahoma solicitor general said that's not the h sides agree that the initial drug the state is using will render a person unconscious within 60 to 90 seconds. we'll see how it comes out. a decision is due in june. we'll come back with a nod at this day in history and a look back at one of the most notorious riots in u.s. history. on this day in 1992 riots broke out in los angeles. a jury had acquitted four lapd cops after video showed them brutally beating rodney king a then unarmed black man. the crowds flooded the streets to protest and soon it turned violent. people set fires and looted stores burning buildings even pulled drivers out of their cars and beat them. over the next three days 55 people died and thousands were hurt. finally u.s. marines and soldiers and the national guard came in to help calm things down and rodney king asked, can we all get along? after the city of los angeles descended into chaos, 23 years ago today. when news breaks out, we'll break in because breaking news changes everything but, man, it's quiet in baltimore. fingers crossed. school's out. everything seems pretty good and the weird scene at camden yards, the "os" are up 8-2 nobody's watching. well forget defriday did baltimore's mayor say let them loot this is "your world." store owners are dealing with at this very hour their shops ripped to shred and we are getting information on the ground that may be adding insult to their injury. did their own mayor say let the protesters loot. it's only property. we'll get reaction from the owner of this shoe store in a moment. first to the ground. leyland? >> reporter: this is coming from a very senior law enforcement official with direct knowledge of the orders that w