juvenile court. a lawyer has identified the suspect and deadly school shooting as 17-year-old t.j. lane and he says the boy's family is mourning, the quote. terrible loss for the community. doctors announced that a third student died today after spending the night in critical condition. daniel parmiter, russell king, jr. and demetrius, all dead. officials say rampage left two others hurt. according to witness accounts, the shooter appeared to be targeting one group of kids sitting together in that cafeteria. one student says a bullet grazed his ear description the scene. >> you see glass all over the playing and everybody is screaming and running in different directions. >> according to one students, one started dating the his ex-girlfriend. steve centanni, live in clar don ohio, courted appearance is moments away. >> reporter: that's right a juvenile court judge will have a brief hearing on just of a sort of detention hearing to keep f.j. lane in jail where he has been since yesterday morning. that will get underway in a few blocks away from here. young lane now in jail after opening fire in the school cafeteria yesterday and the magnitude of the tragedy continues to grow with three shooting victims now dead. two more wounded in the hospital >> shep: when are students expected to go back to school? >> reporter: school officials said they are going to ease the students and on the whole community back into a normal routine. they said they would open school again tomorrow. now, they pushed it back to friday. in the interim they will have a gay on thursday when students and parents can go to school together and see grief counselors together if they want to. the shock is still sinking in. one student described what kind of experience she had. >> we heard kid running down the hall, get down, get out then we heard the door slam. that is what i heard. everybody was calling my parents. i'm okay, i don't know what is going on. then we harder there was gunman at the school. there was shooting and then it really hit us. >> reporter: so that court appearance is minutes away as the investigation continues to find out how anybody could have done what happened yesterday. >> shep: steve live at the scene there. the suspect due in courtney minute. we'll be back live and the legal panel is here coming up moments from now inside studio "b." it's primary day, 59 delegates up for grabs and arizona is winner take all. romney and santorum have their eyes on michigan. keep in mind a loss there could spell according to the reporting of carl cameron could spell disaster for mitt romney. he was born and raised there, his father served as governor and the super pac out spent rick santorum in that state by more than a million dollars. but now folks head to the polls, rick santorum's campaign has a new plea to democrats. listen to this. >> on tuesday, join democrats who are going to send a loud message to massachusetts mitt romney by voting for rick santorum for president. this call is supported by hard working democratic men and women and paid by rick santorum for president. >> shep: is as you might imagine it has romney's team fuming. carl cameron is live in novi, michigan. these two candidates are going after each other? >> that robo call has caused controversy. it broke late in last afternoon and it has driven romney to distrack's. this is state he was expected to win. roysdz dropped a 15 points back now comes the robo call from the santorum campaign seeking democratic support and outrage from mitt romney. listen. >> i think republicans to have recognize there is an effort to kidnap our primary process. if we want republicans to nominate the republican to take on barack obama i need republicans to get out and vote and say no to the dirty tricks of a desperate campaign. >> reporter: that desperate campaign is supposed to rick santorum's but he is look for the possibility of a victory here. because it's an open primary, it's open game to court independent and democratic votes that can cast ballots here. santorum is making no apologies. >> by appealing to conservative democrats, asking whether 53% of the people in new hampshire volunteered who were not republicans. thank you. that is what you do. you hit him back. >> reporter: that is what bullies do, you hit him back, they whine. referring to mitt romney. in indicates of the robo call and the request for democrats to back arizona is, that has happened in michigan every four years of presidential politics and very seldom has it made a difference. they say it will be a late night as we have the votes tallied here in michigan. in a close race, handful of democrats could turn things. it's important to note this is a race not just for the popular vote but for delegates. in michigan the delegates are selected by congressional district and romney campaign believes they can win plenty of congressional districts across the state enough to take a lot of delegates even if they don't win the popular vote. that would be politically disastrous for romney. >> shep: we'll have all the coverage of the races today. michigan and arizona, arizona may not be so close, michigan, wow. it starts at 6:00. special report with bret baier right here. united nations human rights chief called for an immediate cease-fire in syria. that cry for peace falling on deaf ears. syria's military is still murdering men, women and children in the face of growing battle is pressure. regime has killed 40 civilians today in the rebel stronghold of homs and 8500 people since march. they held a meeting today. they called the international community to take action to stop the bloodshed. syrian delegation stormed out of the room in response. to jonathan hunt has been following this story since the beginning. u.n. human rights commissioners today suggested that president assad may end up in front of the international criminal court as a result of this. >> reporter: that coming at the beginning of the u.n. human rights council and passing another resolution condemning assad and telling him to step aside. couple hours after. that secretary of state hillary clinton testifying and whether assad should be considered a war criminal. here is her response. >> i think that based on definitions of war criminal and crimes against humanity there would be an argument to be made he would fit into that category. >> is there any effort to mistake make that argument before the world community? >> i think people have been putting forth the argument but i also think from long experience that can complicate a resolution of a difficult complex situation. >> reporter: the secretary of state's point seems to be saying that assad will definitely go to the international criminal court might dissuade him from voluntarily stepping down. tunisia one of countries saying if he would do that they would offer him asylum. >> a couple of journalists are injured and good news in getting them out of there. >> we heard from a colleague pourl paul conroy is now actually out of syria. he was wounded in an attack in homs last week he was smuggled out of syria by the rebels safely into lebanon today. mystery still surrounding the other journalist that was injured. president nicolas sarkozy went on national television and said that she was safe but hours later, he retracted the comment. we're still not sure about the bodies of marie colvin and the other journalist that was killed last week. >> shep: other journalists are wake for the remains and not leaving until they get them. we'll be chatting more about those stories. >> go to foxnews.com/shep. click on the hunt link and jonathan hunt will jump out of the computer. >> israel could bomb iran to slow down their nuclear program. whether it's true we have absolutely no idea. but we are getting word if it does happen. israel's leaders will not give the white house a heads-up. details on that. and according to a new report from the pentagon, some of the people, some of the remains of people who died in the attacks of 9/11 ended up in a landfill. coming up the man who is taking responsibility. 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[ male announcer ] for excellent fruit and veggie nutrition... v8 v-fusion, also refreshing plus tea. could've had a v8. >> shep: just in, a disturbing new report on the remains of some the victims on the attacks 9/11 more than ten years after they happened. we just learned that a military run mortuary made serious mistakes in handling the remains tossing some of the remains of the victims into a landfill. doug, what do we know? >> allegation that victims were tossed into a landfill first came to light in november when it revealed gross mismanagement o at dover air force base. news reports said cremated remains of 274 war dead were dumped in a virginia landfill. a later investigation headed by a retired general, the shocking policy begin after 9/11 when several portions of human remains could not be tested nor identified. so the partial remains were cremated and then given to biomedical waste contract hero incinerated them and took them to the landfill. that is today explained how this could have happened. >> executive agency was not strongly exercised by it. the chain of command oversight was not properly conducted. technical oversight was almost non-existent. rules and regulations, were not properly understood. >> reporter: as grisly this sounds, he took paints to point out that it was logical outcome of certain laws that require cremation of unidentified body parts and disposal at designated sites. the old policy ended in 2008 and new policies require a more dignified of remains that cannot be identified. >> shep: doug, thank you. the associated press is now reporting that israel will not warn the united states if israel decides to launch a preemptive strike against iran's nuclear facility. they reportedly confirmed that today. they also stress that israel has not made a decision on whether to attack the islamic republic at all. iran claims that it's for peaceful purposes but the watchdog says that iran could be secretly develop weapons. benjamin netanyahu is set to be in washington next week and iran expected to be a major topic of discussion. >> wendall goler is live at the white house this afternoon. there is so much back and forth with israel and united states. what is the white house saying about the new details? >> reporter: they won't say whether the u.s. would like advance notice of an israeli attack on iran but they do say it's not yet timed such an attack. israelis feel they are looking for our best interests by making it clear to the rest of the world that washington won't be green lighting the attack. it's best kept between the president and prime minister benjamin netanyahu but he says there has been no change in policy. >> without getting into too much detail and monitor their activity and have certain insight into their activity. we believe there is time and space to pursue a diplomatic path, a path that intensifies the sanctions, intensifies the isolation and attempts to unify international action to get iranian regime to change eighth behavior. >> reporter: its conversation that president and prime minister will likely have a week from monday. netanyahu is coming here this weekend. >> shep: you have to wonder whether this is good cop, bad cop or maybe do they really disagree or trying to figure out any way to apply pressure on iran because they know military option is not going to work? >> it may be all of the above. a way to keep the iranians guess to go get them conclude there really is military option another table. at least three senior u.s. officials, chairman of chiefs of staff, president's national security advisor have gone to israel in recent weeks to tell the israelis, not yet, it's not yet time for an attack. general martin dempsey told a hearing today, he wasn't telling the israelis to try to take the military option off the table. he seemed to walk back his assertion iran is a rationale player. >> i didn't -- we have had a conversation about the issue of time with israel. that will require a much longer conversation. but on the issue of rationality, i agree that iran is a regime that is dangerously misguided. >> secretary leon panetta if they don't reach a budget agreement, across the board defense spending cuts, that could hurt america's ability to deal with iran militarily. >> shep: shear mystery we're following, a firefighter rents a car and drives from maine to florida and then disappears thaesmt person of interest but so far no arrest. our legal panel weighs in on this one. 17-year-old accused of killing three kids and wounding two others at his school in ohio is about to make his first court appearance moments from now. live coverage coming up on fox news channel. ok! who gets occasional constipation, diarrhea, gas or bloating? get ahead of it! one phillips' colon health probiotic cap a day helps defend against digestive issues with three strains of good bacteria. hit me! 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[ dad ] i choose great taste. i choose boost. >> shep: 31-year-old florida firefighter went missing for two weeks, cops say they suspect foul play. investigators begin the search for this after his rental car turned up earlier this month at a walmart parking lot in maine, more than 1500 miles from his home outside in orlando. his wife says he was taking a week end trip and last heard his voice over the phone. >> it was a normal conversation that we would have. our kids miss him. my daughter keeps asking had b him. she stayed at a friend's house and played to bring him back. >> a friend of the missing firefighter he went to maine to sell prescription pills. the man's family denies that. now, the cops in maine have named 24-year-old daniel porter a person of interest. you can see him here with his girlfriend. they bought a used car and left town after he disappeared. they found it late in connecticut and impounded the car. the legal panel, steve razor, defense attorney, they have a person of interest. what say you? >> i think its clear case of an obvious problem. it's not a simple disappearance but more likely and sadly so a murder. it's mostly going to be run a murder investigation. the problem here is there is too many things that are out of place. the victim taking a rental car, driving it 1600 miles, the wife not being sure who he is seeing and why. the fact that the individual after he disappeared ditch a car. they buy a used car and ditch it and get another vehicle. what they are doing right now they are going to persons of interest because they don't yet have enough evidence to arrest, but persons of interest, what that is a starting point where more evidence can be found. another possible location for evidence is with the family. they have to be very open in this case because what they are indicating they don't believe he had any history of prescription drug sales or any kind of legal activity. if they know of any it's very important they come forward with that information and not in an attempt to protect him. if the information they have may lead to an arrest. >> no body, no weapon, no motive and suddenly it's a murder case. everything these people apparently did was all perfectly legal. there is nothing wrong with leaving town. i love, they abandoned their used car and different car. last thing i checked when i tried my car, it's not abandoning it. its joke. you could do all these things. he is a person of interest. >> shep: they are trying to smoke him out because it works. randy, come on, you live in fantasy land. nobody said he was guilty. that he a person of interest. the same thing they called it suspects before the o.j. case. you can't call him a person of interest if he is a person of interest in this case. they have impounded his car, what is wrong with that? >> because it's a terrible thing to do to somebody. how do you give his reputation back? >> shep: they don't have enough to arrest him. >> don't kill him with this person of interest thing. >> shep: you are acting naive but its farce. >> when your name is a person of interest, no big deal, i'm cool with it. >> shep: if i'm named as a person of interest, i'll call you. >> he traded his car in. >> why not a solution to the dilemma. identifying these people as persons of interest because they were last seen with the victim. that is the starting point. that is where they must begin and they are persons of interest. they're no way you could take that away. >> shep: you are so sane off camera. >> i take meds when no one is looking. >> shep: the teen is about to appear before juvenile court judge and complex case coming up. decision day in arizona, we'll take a look at issues affecting voters there. that is ahead on studio "b." >> announcer: announcing the first identity theft protection company that helps stop thieves from taking over your bank account and making it their own. because you never know when, but thieves can steal your identity, turning your life upside down in a matter of seconds. >> h >> hi. you know i can save you 15% today if you open up a charge card account with us. >> you just read my mind. >> announcer: just a little information and they can open bogus accounts, stealing your credit, ruining your reputation, even stealing money right out of your accounts. that's why you need lifelock. lilock has the most comprehensive identity theft protection available, to help stop the crooks before you're attacked, protecting your social security number, your credit, even the equity in your home. and lifelock is the only identity theft company that offers checking and savings account alerts that notify you as soon as we detect an attack on your accounts, protecting your hard-earned savings. >> i didn't know how serious identity theft was... until i lost my credit and eventually i lost my home. >> announcer: credit monitoring alone may only tell you as much as 60 days later that you've been attacked. as soon as lifelock spots a threat to your identity within our network, our advanced lifelock i.d. alert system directly notifies you, protecting your identity before you become a victim. >> identity theft was a huge, huge problem for me and it's gone away because of lifelock. >> announcer: while no one can stop all identity theft, if criminals steal your information, we'll help fix it. plus you're backed by our $1 million service guarantee. don't wait to become the next victim. call lifelock and get two months of identity theft protection risk free. that's right, 60 days risk free! use promo code: norisk. if you're not completely satisfied, notify lifelock and you won't pay a cent. order now and get this document shredder to keep private documents out of the wrong hands. a $29 dollar value, free. get the protection you need now. call the number on your screen for two full months risk free. use promo code: norisk. plus get this document shredder, free! act fast! call the number on your screen now! lifelock service guarantee cannot be offered to residents of new york. >> shep: i'm shepard smith, this is studio "b." time for top of the news. a live look inside the courtroom where the suspect in yesterday's school shooting in ohio is set to appear right away. according to the family's lawyer 17-year-old t.j. lane is accused of killing three students when he starting early yesterday morning. two other students were injured and the teenage suspect is set to face a juvenile court judge. this is a tough one. two more died, one more died this morning. that is three dead in a shool shooting. >> doesn't make any sense. we need a lot more facts before we can put it together. this kid apparently had some problems. he was attending a school near the high school where the shooting occurred because of behavioral problems. somehow this has to tie in with the actual attack. it's not yet clear it was because of an ex-girlfriend or something of that nature. one thing that will not change, this was a cold-blooded and it was a determined and planned out murder. >> putting aside the tragedy and not dealing with the legal. four issues, first thing, detention hearing, should the young man be permitted to go home. or locked up. judge has to determine whether he a risk of flight. they have to determine whether she should be tried as an adult or a kid. due to the heinous nature of the crime, it will go down as adult and come down to his capacity, what happened and then finally, whether or not you treat the young men who died because he was taken off life support if that is homicide. if they took him off life support typically it's cardiac. >> shep: supposedly a lot of violent history in his family? >> his father was in attempted murder case with his mother. it's not clear what his exposure was in that case but he does have family history. to what extent impinge upon his actions here, it should be noted that because of a tough childhood or even abusive childhood can never diminish or take away someone's can you please built of a crime this serious. >> i don't necessarily agree with you. something more for sentencing. we've seen that many times. family history on the issue of premeditation as opposed to some psychological issue which would create a lack of capacity or diminished capacity or heat of passion, but the kid just exploded. that is where he is entitled to a defense. so it's too early to tell. >> the reason you are not going to get there is, if there is some sort of mental deficiency, something that compelled him to do this that is outside the norm. that is not going to get you there. you will need some sort of a mental distress. somebody that planned this how the out. he was acting with complete volition. he went to the school with the plan with the gun in his bag, sits down and waits for the right moment. this is not a heat of passion. >> but him being messed up, that will carry throughout. >> shep: described as a bully out cast and facebook post which said, die all of you. all of this will have potential to be part of proceedings and the judge will make the final decision. the hearing is delayed for a few short minutes for reasons beyond we're not sure. but we'll take you back when it starts. on the g.o.p. race in arizona, in just a few hours, whether mitt romney can hold on to his lead over rick santorum, sizable lead in arizona. many analysts point out big differences that matter to arizona voters compared to michigan. for example, you can bet immigration will be front and center here. john roberts is with us in phoenix. hey, john. >> reporter: you can bet immigration is big issue. every time arizona is in the news it's because of immigration but the issue for voters here go well beyond immigration. unemployment is higher than the national average. home foreclosures rank second or third worst in the nation. the sheriff is looking for a candidate that can do more for immigration. she having a tough time finding a candidate to endorse since rick perry dropped out of the race. >> i like newt gingrich. i like santorum. i like romney. i have to rule out ron paul. he is a nice guy but those three left, i have my opinions on all three. maybe in the near future come out with an endorsement. >> reporter: he has something el is he wants to get out of away, his investigation into president obama's birth certificate. that so thursday. he also says even though he endorsed romney in 2008 he is not going jump on the band wagon yet. >> shep: some voters are having a hard time to making up their minds? >> they have had to do a lot of work. stacy is one of those. she is one of 11% of mormons that pop late the state of arizona. she had to do all kinds of research to look for candidate. her husband is a doctor and small businessman. she wanted to make the right choice. >> it is a lot of work. i think it's because our country in such trouble. it is a bigger deal. that is four years and eight years is really going to determine a lot for our country and i am nervous about it. >> reporter: stacy waited the last minute to cast her ballot, remarkably, 300,000 people cast early ballots. 300,000 votes that accounts 50% of all the votes that were cast four years ago. >> shep: john roberts, live in phoenix. we have an update on carnival cruise ship stranded in the indian ocean. passengers won't see land in two more days. >> we're waiting for a court appearance in the ohio school shooting. it was scheduled a few minutes ago but we'll take you there live as it begins. that is coming up. i have copd. if you have it, you know how hard it can be to breathe and what that feels like. copd includes chronic bronchitis and emphysema. spiriva helps control my copd symptoms... by keeping my airways open a full 24 hours. plus, it reduces copd flare-ups. spiriva is the only once-daily inhaled copd maintenance treatment that does both. and it's steroid-free. spiriva does not replace fast-acting inhalers f sudden symptoms. tell your doctor if you have kidney problems, glaucoma, trouble urinating, or an enlarged prostate. these may worsen with spiriva. discuss all medicines you take, even eye drops. stop taking spiriva and seek immediate medical help if your breathing suddenly worsens, your throat or tongue swells, you get hives, vision changes or eye pain, or problems passing urine. other side effects include dry mouth and constipation. nothing can revee copd. spirivhelps me brthe better. does breathing with copd weigh you down? ask your doctor if spiriva can help. for a hot dog cart. my mother said, "well, maybe we ought to buy this hot dog cart and set it up someplace." so my parents went to bank of america. they met with the branch manager and they said, "look, we've got this little hot dog cart, and it's on a really good corner. let's see if we can buy the property." and the branch manager said, "all right, i will take a chance with the two of you." and we've been loyal to bank of america for the last 71 years. and they make my life just perfect. we were having too much fun, we weren't thinking about a will at that time. we were in denial. that's right. [ laughter ] we like our freedoms, but at the same time we have responsibilities to the kids and ourselves. we're the vargos and we created our wills on legalzoom. finally. laughter ] [ shapiro ] we created legalzoom to help you take care of the ones you love. go to legalzoom.com today and complete your will in minutes. at legalzoom.com, we put the law on your side. >> shep: live look at chardon, ohio, we are waiting for the hearing at chardon high school. it appears there is activity in the room but i wasn't anticipating but they are moving to the point where they will begin the thing. three people were shot and killed. two others still in the hospital. we are waiting to hear hear about this troubled teenage. >> first to a crippled italian cruise ship stuck in pirate infested waters and no air-conditioning. it won't reach land until thursday. the vessel was in the indian ocean when a fire knocked out all the power. two tugboats joined a french fishing vessel to tow back. the ship is part of the european line that flies under the line of costa cruises. the same line that ran costa concordia. carnival reports it's suspending onshore excursions in puerto vallarta after hooded gunmen ambushed passengers last week near a coastal city. >> cruise line out puerto vallarta i guess they have no way. >> princess cruise lines which is owned by carnival is going back in puerto vallarta beginning today. princess cruise lines had cancelled all their stops for the past five months but they believe it must be safe again. all the major cruise lines are pulled out of acapulco and mat zalt lan and now the mexican government is trying to get them back by placing security teams to watch over the cruise passengers. so far it doesn't appear to be working because none of cruise lines have signed up to go back to matzalan. >> shep: what the aboard the crippled ship, is everybody okay? >> reporter: they are okay. it's hot and humid and the ship is moving about seven miles an hour so the cruise line citizen, there is a little bit of a breeze to cool things off a bit. cruise line says the passengers are sleeping and eating on the deck because their cabins are so hot. 1100 passengers. navy ship did drop off a small generator to help with things like lights and ice cubes but not much relief there. here is the mom who had two children both the costa concordia and as well as the costa allegro. >> they were drifting powerless. it did make me think be an easy target for pirates. i feel better they are back and helicopters overhead and i don't think pirates are going to do anything now. >> they are to w but not into port until thursday very hot and humid two more days for those passengers. >> shep: trace gallagher, thank you. >> potential legally legal battle between two internet giants, yahoo is reportedly going to sue facebook if they don't pony up hefty licensing fees. yahoo claims facebook is infringing on somewhere between 10-20 of its patents. facebook is preparing for an ipo expected to fetch billions of dollars. and associated editor of barron's. owned by the parent company of this network. wow, google and facebook, its face-off? >> it is. is sometimes when you have a bad hand you might as well play it anyway. so it seems as if yahoo is focusing on this legacy value of early patents they developed. >> shep: they are hoping to get money to get restarted to started? >> you have to pay us a licensing fee they say patents being infringed upon or we are going sue you. this is game that gets played in silicon valley. one company insists somebody else has kind of misused their intellectual property. i do think yahoo had a couple of missteps even lately with management turnover and investors are very restless in yahoo. they want to see a mobilization of this business. >> shep: what is the sense where this is going? >> it seems as if there will be settlement down the road. it's not the kind of think that could derail a facebook ipo. it's going to be about the fine print. there is no way of knowing without seeing all this how it plays out. like what happened before the google ipo yahoo made a similar move and they got a chunk of google stock. who knows, it goes that way. >> shep: yahoo is not doing well and facebook is doing well? >> we do criminal cases. there we have a motive. last time i checked, certainly facebook is a person of interest. what you have here is real interesting simple reality they have privacy settings. all of a sudden, yahoo, wait a minute you are infringing. yahoo, where you have been. maybe you need some money. the other interesting thing, you know you got to prove every claim. when you make a patent infringement claim, you have to prove a, b and c and this one we have nothing. >> shep: we're not sure what the claims are here. >> that is true. there is no way to take the position on the case yet. the question is what is the technology that they are using and how similar is that to yahoo's. if there is a match then they will have a case. we have an open forum where two global giants are integrated together in a real sense. it's very easy to steal technology but it's also easy to develop new technology that quite different. if that were the case, in this particular case, there will be not any type of infringement. >> shep: the patent question, michael, is a specific one and it takes a lot of particularlys to prove it? >> a series of specific ones. not just going to be sit across this table and figure it out. this stuff goes on a lot. yahoo has a new ceo. it has great web traffic and has treg tremendous value. so maybe you should exploit thousands of patents you have developed. other companies have tried to do that. there was similar dispute with motorola. this is the standard procedure but right now it facebook ipo. >> shep: we've been watching in the courtroom in ohio as the movement has happened. i believe these are family members of the suspect. i cannot be sure at this moment. i'm pretty darn sure. we'll know for a second, they walked through the door. brown door in the center of the screen, judge was behind the door. he is expected to come in along with teenage suspect, picture of whom you see on the right-hand side of screen. this is scheduled to begin earlier in the hour. we have reason believe it will begin in a next couple minutes. we'll slide in a quick commercial break. breaking news ahead. 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[ male announcer ] yes, it is. that's the cold truth! or annuity over 10 or even 20 years? >> shep: rules are much different, from state to state it's different. in some states, 12 to 13 years old. some states are 13 and 14 years old. but for the court purposes they will not allow pictures. it's my understanding he is walking to the courtroom in the hearing to detain him. whether you continue to detain as the process moves forward. you can guess there is fait accomplis here but he suspect is walking into the room right now. >> shep: lawyers are here. randy and steve raiser. randy a lot of care has to be taken by the court for the moment. the court is the guardian of this child and has to protect this child as if this would be the judge's own child. >> the judge has to figure out, if s he a flight risk. bail is not supposed to be punitive, it's to be sure. >> shep: here we are go. >> we are case 12 jd 102. present in the court today representing the state of ohio is the prosecutor david joyce. either yourself are have the folks representing the state please introduce themselves to the court. >> assistant nick berman michelle slowed frer your apartment. >> the court notes that attorney filed with the court today a notice of representation that he is representing t.j. lane the alleged defendant child in this matter. his presence in the court. would you and mr. lane please stand. would you introduce yourself to the court. >> may it please the court. the defendant is the defendant the minor child and grandfather and legal custodian, jack nolan. >> and would you please either you tell us the date of birth for the record. >> september 19, 1994 and would you confirm that t.j. is a resident of chardon county, ohio. purpose of this hearing is called a detention hearing pursuant to ohio juvenile rule 7. a detention hearing is required after a juvenile has been placed in preventative detention and hearing has to be held within 24 hours of placement. court will not t.j. was placed in detention yesterday february 27th, 2012 and the hearing has been conducted within the 24-hour period. before the court will be the issue whether or not under the rule that the child taken into custody shall be placed and continued to be placed sheltered care or if not considered to be a threat, returned to his home. before we get to that specific issue, i believe there are some other discovery and other issues pending to come before the court. court will recognize prosecutor joyce, do you have a motion? i move to take an order participant in this matter. >> thank you. do you have any objection to that motion. >> no objection, your honor. >> the motion has been made by the state and not objected by defense counsel the court's admonition talking to the media before i issued that order. i do want to note we're going to talk about the media's access to the proceedings as they go forward. the court understands the interest of the public due to the serious nature of the allegations and the media's right to cover the proceedings. but they would caution the media to be careful with the accuracy of facts as they are portrayed to the public. ultimate goal is to make sure the public understands the truth of what happened. but we do not wish the proceedings to mislead the public as to the factual basis of any allegations of the court. that having been said. we'll issue the order, defense and prosecuting attorney are restrained from issuing any public comments about the pending status of this case. the court will enforce this order with civil and contempt powers of the court. defense counsel and prosecuting attorney will not discuss this case pending further order of the court. it's my understanding there are two exceptions, one exception that is prosecutor will having some explanation after the proceedings. i have talked to defense attorney, and if he feels inaccuracies has been stated by the media, that he will submit to the court a response for the review and if they think it's appropriate to keep the facts in this matter, the court would authorize such release of information. is that correct? >> yes, that correct. >> is that correct, mr. joyce? >> that is correct. >> that brings one other issue before we get to the tentative issue, multiple media sources i believe, were up to 47, have asked to participate or appear during these proceedings. the court is well aware the case law in this issue including the case that involved this court 12 years ago, members of the media should have received a copy of the order the court issued this morning that spells out the rules for media participation in the court as well as should have spell had out a form and application and received a copy of the court. >> shep: it's sort of logistics matters. we'll let you know exactly what happens here. if you choose to watch this hearing, go to foxnews.com. we're streaming it live for you. neil cavuto will bring you the headlines but breaking news on fox news channel. we are above 13,000 on the dow jones industrial average