space station. that is all ahead unless breaking news changes everything. on "studio b." and there is breaking news, now, on "studio b" coming to us from indiana. 54 miles southeast of chicago. there is a hostage situation. it has been ongoing for the past 90 minutes to two hours. again a man walked into a prudential real estate office around 10:00 this morning chicago time. with a gun. and there were reports he fired three shots. police have not confirmed that. he now is holding an unknown number of hostages. the reports were from two hostages up to 15 hostages. police have identified the suspect. and they have made contact with him. they will not say exactly what kind of contact. whether they spoke to him on the phone or if they were in text message mode. but they have made contact with him. but they will not tell us exactly what he wants. this is happening as we speak. it is an all hands on deck situation. we are talking about swat teams surrounding the local building. we also have state police. local police. the f.b.i. was in front. and you can see police have cordoned off the entire downtown area setting up a perimeter three local schools are on lockdown and the local businesses in and around that area have been told to keep their employees inside and local residents are kept away. we do not know the weapon this suspect has and, again, we do not know the number of hostages. it is happening about 54 miles -- we will take this live to a news conference held from valparaiso. >> a gunman entered and officers arrived on the scene and a brief exchange of gunfire took place between the officers and the gunman. we can confirm the gunman is inside the building. a number of individuals that were in the willing, employees have gotten out of the building since this took place, and basically, we do know or can confirm there are people in the building and we can confirm we have been in contact with the individual inside the building. another swat team is on the scene to relieve the especially swat team to exchange the guys in and out. and the f.b.i. is on the scene as a negotiator in contact with the individual and negotiated with the individual. as far as we know right now no one inside the building has been injured currently at this time. including the gunman. >> has he made demands? >> i cannot talk about the communication. >> can you see him from the building? from a window in the building? >> i cannot. i don't know what their vision is. all have you made contact? >> everything is under investigation. i believe he was right at the door, inside or outside at the front door, the communication. i don't have the exact location. >> we hear two different stories of motive. >> i can confirm it is not a domestic disturbance but an issue over believing someone inside the building owed him money. >> did he come here yesterday? >> i cannot confirm that. >> we is seen a robot? >> that is from the bomb squad, they have a robot involved. it is just a camera. how many people are in the building? >> i don't have a count on how many have been released but a number have gotten out. >> anyone injured? >> i don't know to be honest. there is still confusion about how many have come out and injuries and that kind stuff and someone did exit the building with blood on them and they tried to determine what happened and someone bumped their head. we are trying to determine the situation. >> you know of no serious injuries. >> right. >> and the snipers? all that is part of the swat team, and i will not get into the swat team. >> did you know where he is in the building? >> i do not. >> and someone has been texting from the building? >> i cannot confirm. there were communications back and forth with the people in the building. >> police are going inside the building, in and out? >> we have had communications from inside the building. all did he lock himself in an office? >> i don't know. this is an ongoing situation so to try to get the information, and obviously, we are concerned about the safety of the people. >> was he specifically going particularly to an individual or this business? >> do this business. >> has anyone related to him been brought in or contacted? >>guest: i have no idea. >> is he a resident? >> that is honestly why know because there is some question about that. i can't answer that. we do know who it is. >> does he have a criminal past? >> i cannot say. all i can say, like i said, again, we have a number of police agencies here. from what i have been told until they get in here and actually get the situation under control at this time --. >> would you rush the building at any point? >> that decision is made bit tactical guys. >> were police responding to another crime involving him? >> no. no. we had a quick response. >> so there is nothing that suggests that negotiations will stop? >> as far as i know on my last talk at the command center they were still in communication with the individual. and, if they brought in the f.b.i., negotiators have come in to talk from the negotiation standpoint and they are working with him trying to resolve the situation. >> who initially called 9-1-1 >>guest: someone from inside the building. hopefully we will do it in an hour. i am public information officer and sergeant, mike grennis. >>trace: that is the public information officer from the police department, the two headlines from the news conference: one, telling us there was a shootout between the suspect and the police officers on the scene but no one was wounded in that shoot out. the second is he is knocking down the reports that this was a domestic dispute. there were reports earlier this man had an argument outside this prudential real estate office with his girlfriend and it went inside and he now is saying that is not the case. this is 50 miles southeast of chicago which is where mike tobin is watching developments. what else are we learning, mike? >>reporter: the police are ready to stick this thing out for the long haul. that is where he talked about bringing in swat teams from por taj e. so they are ready to wait this out and make sure you arrive at a nonviolent resolution. and we heard, also, from the gentleman that some people were spotted outside of the building with blood on them. that seems to be consistent with the information that we got from some of the family relatives saying that two women were struck with the gun and treated outside of the hospital. that didn't come from the police but possibly if they saw someone floody walking from the building that is consistent because we have not had any information that anyone was shot. we heard earlier in the day that sounds of gunfire initially drew the police to this office building and he now confirmed there was gunfire and, in fact, an exchange of gunfire with police officers which makes for a dramatic scene at the doorway of this building, trace. >>trace: it does. we were talking about the possibility that there were a number of hostages they did not know exactly what the number was. they had been in contact with this suspect. any word if it is phone contact? do we know? are they texting? >>reporter: what you her was the source with the police spokesman. what kind of contact do they have and he was not ready to give up the information. so we went to the best source how they are communicating. some communication has taken place and some of the hostages have gotten out of the office building but not clear from the latest information we had whether they are people released by the gunman or people who found a door and slipped out. >>trace: thank you, we will keep our eyes on this. up to 15 people could be held hostage inside. and, there is more breaking news this time coming from chapel hill, north carolina, police are responding to a either woulded shooting at an elementary school in chapel hill, again. we are being told that there was an adult who was shot inside. that no students were involved in the shooting. but, chip are being released from the building. it was locked down for a short period. we do not know exactly what happened f a student brought a gun. if someone walked on campus or a confrontation between adults. an adult, we learned, appears to have been shot. we do not know the condition of that adult or the circumstances surrounding it but as we get breaking information coming from chapel hill, north carolina, and more coming from the hostage stand off in indiana, we will get those to you on a busy day here on "studio b" today. the f.b.i. vetting a -- investigating a sophisticated cyber attack that stole social security numbers of 120,000 federal employees including at least 25 members of congress. details coming up and big investors lost a bunch of money on the facebook i.p.o. now there is a list of people looking to sue the social networking site and the company responsible. but the big question, who knew about facebook's weaknesses? and who, exactly, did they tell? the lawyers will get into that. six days and the jury in the john edwards is still deciding. what is taking so long? or creates another laptop bag or hires another employee, it's not just good for business, it's good for the entire community. at bank of america, we know the impact that local businesses have on communities. that's why we extended $6.4 billion in needit to small businesses across the country last year. because the more we help them, the more we help make opportunity possible. from a completely different city? tell your fnt door... to lock itself... and secure your home? even check in on your kids... when you can't be there? now you can. with vivint. simple, affordable home automation. vivint received a consumer digest best buy award for their full home automation package. if you're a homeowner, call or click now and see how you can get all of this for a one-time activation fee of just $199. vivint is home automation created for today's world. it's wireless, and you can control the entire system through your laptop, smartphone or tablet, and protect your family with vivint's state-of-the-art security system. it monitors your home every second of every day against fire, intruder, even medical emergency. convenience, control, and security month after month all for about $2 a day. why wait? call or click now and get your equivalent of your first month free. vivint. simply smarter. >>trace: the f.b.i. is investigating a sophisticated cyber attack that stole the social security numbers and other personal information of more than 120,000 federal employees including at least 25 members of congress. the department that handles the retirement savings plans for federal employees reports the attack went down last year but the department just started notifying those affected today. according to the government accountability office the number of attacks has skyrocketed in recent years. jennifer griffin with the news is live for us at the pentagon. how serious was this hacking attack? >> very sophisticated. 25 members of congress in both the house of representatives and senate had information associated with their accounts compromised. more than 123,000 accounts were affected, 79,000 i am told had their social security numbers exposed. some had bank routing numbers stolen and thrift savings plan is the main 401(k) style retirement plan used by federal employees and the military and there are 4.5 million account holders across the government. the plan assets total $313 billion, and the attack kurd on a single computer last july but the f.b.i. only informed the directors about the breach last month. >>trace: this was not just limited to federal employees boucles the military people? >>reporter: both active duty and retired service members and their families have accounts with the thrift savings plan. we are told that the attack came through a single computer, through a service provider through a defense contractor known as circo which works for thrift savings plan and both issued statements apologizing for the breach but they said there is no evidence yet that any money was dirted. the company reyets this incident and the inconvenience it may cause to some participants and payees whose personal data was involved. we have further filed our information measures and cyber defenses. the company is sending notifications to those whose accounts were breached and has sets up a call center to deal with inquiries from concerned account holders and the f.b.i. is now investigating. >>trace: thank you from the pentagon. a former intelligence officer raising serious concerns over how the white house has handled the case of the pakistani doctor thrown in jail after helping the united states track down osama bin laden. you will recall that doctor ran a fake vaccination program for the c.i.a. and collected d.n.a. samples to confirm that bin laden was at this compound early this week. pakistan sentenced him to 33 years in prison of high treason for supposedly betraying his home country. yesterday, a u.s. senate committee slashed $33 million in aid to pakistan. but the intelligence experts argue that the obama administration could have done more to secure the doctor's release. and a top government official in pakistan tells fox news the united states is just overracting and needs to "take a deep breath." he adds and i quote, "you've got osama bin laden and we're happy he got killed but the way it was done we are not happy with, we didn't like that." joining us is former intelligence officer for the office of the secretary of defense, mike barrett, now the c.i.a. of the security consulting firm "diligent innovation." mike, the question is, why wasn't this guy removed right after the raid? there was no plan in place? someone left him dangling. >>guest: it is a challenge. they may not want to come out fearing for their family or they love their country and want to stay. in this situation, we are not privy to the specific details but what we know for sure is that this was a huge case in america. everyone wanted the details. and a lot of the details were released. >>trace: if what you say is true he wanted to stay and was concerned about the family should the military have offered he and his family some type of protection? is it your sense this was handled preparely from the get go? >>guest: again, it is hard to know how this asset was brought to work for the united states. so, was he paid to do this? was it something he did because he thought it was the right thing to do? a chance to get osama bin laden? the biggest challenge dealing with pakistan, a group that is ultra nationalist and does not like the united states or islam. and a group the islamist and pro taliban crowd and the group that is in another area, and we do not know if he was just trying to do the right thing or paid. it is hard to say. but, again, way too many details of this strike have come out to the public. i used to work foreign policy for some of the issues at the pentagon and i am not allowed to say whether there is or is note a seal team six. >>trace: this is a former military intelligence officer saying "from what i hear did nothing, we did nothing diplomatically at all, didn't raise a finger from my sources theying me we did not try to help this guy." not fair? >>guest: that, actually, is another piece of the pie because the diplomatic thing is after. when the people are aware something has happened and the guy could actually get, you know, a lengthy prison sentence, you really do want to pull out all the stops but it goes to show that pakistan is critically, they know we are pulling out. it has to do with money how were we pay for access to the roads and has to do with drone strikes which many claim is a success. >>trace: what happens, mike, what happens when the united states needs more help from someone else to get another bad guy? do they say no, because the united states will not protect you? >>guest: that is the fear. it will be much harder to recruit us in the future because of exactly those concerns. we did not protect our sources we will not have very many. same thing happened with the underwear bomber a few weeks ago. >>trace: mike barrett, thank you, sir. >>trace: it has been a week since facebook went public and a rough week for the company. next, the lawsuits ramping up against zuckerberg and the folks in charge of that i.p.o. >> and the spacex capsule makes it to its destination. the big event and more on what it means for space exploration. are you receiving a payout from a legal settlement or annuity over 10 or even 20 years? 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[ announcer ] beneful. play. it's good for you. >>trace: some of the big investment firms involved in the botched facebook i.p.o. claim he is lost more than $100 million in the mess and it comes as nasdaq is still trying to fix problems with customers' stock orders. here is a look how facebook down now, down $1.53 from the original stock price so that is more than $6.50 lower. so, billions of dollars to investors. you may remember facebook's big debut on nasdaq was delayed after exchange officials reported computer problems but that wasn't the only issue. facebook now facing lawsuits claiming the company and its underwriters misled investors and told only a few select clients that the social network earnings outlook was downgraded. now we are hearing the plaintiffs in the lawsuits are seeking class action status. and now we bring in the lawyers, former prosecutor and criminal defense attorney. randy, the question is simple: if the big investors got information that facebook's financial status was not as great as it is supposed to be and the little investors didn't that is illegal. >>randy: it is interesting that you say "didn't get as much and wasn't as great," because initially the story the way it was broken that no one knew anything but a certain select people. in other words, the way the story broke it was, okay, certain insiders knew the revenues were going to come up short and the analysts were going to downgrade and everyone else knew nothing and now we are told, wait a second, the information wasn't enough, it wasn't substantial enough, so, the story is changing moment by moment. and at what point do we not let people shoot and then draw a target over what is going on? that is not the way we do cases. it is not the way cases should be prosecuted. it is wrong. >>trace: or is it the case that the big investeders got the information because they did their homework? and the little investors were just trying to jump on the bandwagon and didn't really investigate it as fully a they should have because the banks say the in fact was out there. >>guest: look, they are smiling. this is a number one i.p.o. in the world on the planet, and this is going to be the number one class action on the planet. did you think that zuckerberg, the most creative i.p.o. technical on his birthday would have not done the most effective job in bringing out this i.p.o.? ever hear the story of the scorpion and the frog? the scorpion never changed. this is the bank's big day. zuckerberg knew it. g.m. tried to tell the people about it. no one would listen. and they told them they were pulling $10 million out. and, no one took any attention to it. they were so manipulated that people bought just on hype. and in case you wonder --. >>trace: if you wonder, randy, the frog gave the scorpion a ride across the pond and the scorpion gave the frog a sting anyway. rain the -- >>randy: the lawyers will get the money. >>guest: no, the big guys get the money, the lawyers will get small class action money but the big guys got the money in the initial i.p.o. when they first brought it out. >>randy: heads i win, tails you loose. the market is a gamble. you can win or lose money. there is no sure thing. never a sure thing. >> and you can not go to las vegas and lose $50,000 and say you want your money back. >>trace: gentleman, thank you both. >> a judge in new jersey decide add woman who sent a text message to her boyfriend cannot be held liable for a car crash he caused while responding to her message. the lawyers argued she should be held partly responsible because it is reason build she knew he would get the message while driving. a lawyer for the text sender said the client had no way to control or predict when the recipient read the message and the judge agreed. and now the news like for us in new york. have we ever had a lawsuit like this? >>guest: good to see you. we watched it closely because it is believed to be the first lawsuit of its kind where an injured plaintiff argues someone was electronically present, not present, to a driver who receives or reads a question and they should be liable. new jersey makes it an offense to text or talk while you are on the phone and driving unless you are hand's free so liability against the driver in that state who received the text is very clear. >> a person who is responsible here, is the driver. the driver knows when they are driving. they know when they are pulled over. they necessity when they can use the phone or text at the appropriate time. the sender doesn't know. >> but they filed the lawsuit and seven states have no laws against texting while driving: florida, ohio and arizona, and 38 states addressed the issue of the all too common and dangerous practice first of texting while driving. >>trace: what exactly did the judge decide, and why? >>guest: legally this boils down to two questions: was the t by the sender the direct cause of the crash? was it reasonable for her to know the recipient, the driver, would read it while driving which he admitted he did. the decision leaves the texter in the clear at least for now because in a call that we had with the attorney that represents the couple, they are suing and each of them had lost a leg in the crab, and their attorney, they told us he is going to file an immediate appeal but he would not be specific on any monetary damages that he hopes to win for his client. >> what damages are you seeking? >> in new jersey compared to new york we don't specifically ask for dollar amounts. i believe the cooper's mission was simple: they wanted to make sure that the public was aware, and try to reduce the injuries on the highway. >> a noble purpose and he admitted the awareness of the case probably accomplishes that. but he also refused to tell me if any insurance companies either representing the driver or the texter made any offer of settlement and in a separate case a decision further impacting the couple who were injured, the husband's claim for disability benefits despite the fact he lost a leg has also been denied. trace? >>trace: wow, fascinating case. thank you from new york. an update on the top story: a gunman holding several people hostage in a real estate office and we will speak with a woman just released by the gunman, like, in indiana, next. plus 33 years ago today a six-year old boy went missing in new york and his face was among the first to appear on a milk carton and cops say a man has confessed to luring the child into his store with a soda before strangling the young boy. ♪ [ engine turns over ] [ male announcer ] we began with the rx. 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ask your doctor if spiriva can help. >>trace: breaking news from valparaiso, indiana, where a man is holding 15 people hostage inside a real estate hostage. the f.b.i., swat teams, state and local police are all on the scene. we have now learned this was a shootout between the gunman and police. nobody was wounded. we still do not know the exact number of hostages being held. and police have been in some sort of contact with this gunman but they will not say what his demands are. i want to bring in the woman who saw the gunman. give me an idea of what you saw and how this began? >> a gentleman came to our office and had a scuffle at the front desk with the receptionist and our marketing manager. i came around to see what was going on, and i yelled, told him to get out of the office and at that point he pulled a gun and i backed into my office and shoved my door shut and locked it and share an office with the station manager and she called 9-1-1 and we drove under our desks and we were if there for an hour until the swat team got us out. some other employees in the office were able to make it out so he now has two has two hostages. >>trace: do you know, carolyn, what the gunman wants in is there a land for him to give up soon? >>guest: i don't. he came in looking for another individual who is a real estate agent and he supposedly this person owes him money and he came in looking for the money, and we told him that he was not there and i think that ... once he pulled the gun out and ran around he felt like he was trapped and had to take hostages. one of the agents fled the building right away and found a police officer and flagged him down and asked him to go into the building right away. >>trace: we assume that is when the shoot out began. did you hear or see any of the shoot out between this gunman and police? >>guest: no, we were in our office with the door shut barricaded under our deck. i share an office with the manager and we called 9-1-1. >>trace: describe the gunman if you can. >>caller: he is probably 5' 10", 200 pounds, a little scruffy. about 50. caucasian. male. >>trace: and aside from the fact that someone owes him money, by the time you left, was he threatening? more afraid than the people inside the building might be afraid or do you think he has potential to wound or hurt someone? >>caller: well, he pulled the gun and i upped into the office he could have shot at us. but he did fire two shots but we have heard in shots so i think he fired those up into the ceiling or something. he could have, you know, it is an office door and not that secure but we did barricade it but he could easily have come at us and he did not. >>trace: very fortunate now, carolyn. they said there are two people being held hostage inside the real estate office with the gunman. police have surrounded it, and they are trying to make contact with him and well bring you updates as they come in from valparaiso, indiana, 50 miles outside of chicago. >> psychologist today questioned the man would claims he kill a six-year old boy and put his body in a box back in 1979. police yesterday arrested the new jersey man and charged him not murder of evan patz, who disappeared exactly 33 years ago today. as you may know, evan patz was one of the first children, ever, to appear on a milk carton vanishing while walking alone to the school bus stop in lower manhattan for the first time. a distance just two blocks. police and the f.b.i. launched a massive search but the case went cold. in 2001 a judge declared evan patz legally dead. the suspect says he was 18-year-old clerk at a grocery store near his house when he promised the boy a soda, took him to the store, choked him to death, and put his body in an alley. th nypd police chief ray kelly says he signed a confession and set for arraignment today but this case is still not closed. and now, rick has the news live if us in new york. rick, what do we know about the arraignment? rick: supposed to start any minute but herman degrees is -- hernandez is in a hospital bed where he was property this morning because he was deemed a possible danger to himself having some mental issues and there for a psychiatric evaluation. he will appear by video conference. the family and attorney were here at the courthouse earlier and would not answer any questions. >> do you believe he killed that boy? do you have any statement if -- for the public? >> there is in statement. >> how does this help? all hernandez was then to investigators 33 years ago but was never questioned. he lived in the neighborhood and worked in a corner deli and a family member contacted police after hearing about search of a basement where they diagnosis through the concrete just down the block from evan patz home. one of hernandez family members contacted police saying that hernandez had confessed to them years ago, that he had done something bad and killed a boy. investigators talkd to her unanimous degrees and he confessed but, trace, there is still no body and no direct evidence of a murder and some investigators remain skeptical. >> what about the people would know the suspect? what did they say about him? rick: the people who knew him back in the day describe him as being very exchange, walking by himself, never talking to anyone else, and keeping to himself and we have heard from his neighbors in new jersey where he lives with his second wife and 20-year-old daughter and they paint a similar picture he is very quiet. keeps to himself. the only time they saw him was when he was on the front porch smoking. he has in control record but the nypd seems confident they have the right guy and the arraignment is expected to begin any minute now. >> i think it will, at least now they will know what happened and they don't have to search any more. they don't have to suffer anymore waiting whether he is alive or what happened or who killed him. rick: that was his brother-in-law speaking of the parent would live in the same apartment since he went missing. the father is inside the courthouse right now. trace. >>trace: thank you, rick, from new york. there is now breaking news in the john edwards trial. we hear that court officials just sent all of the reporters out of the room. you are looking, live, outside the courthouse in north carolina. we will get an update on the breaking news with the john edwards trial, day six of jury deliberation. next. we don't have a word for retirement. in the latino community the word that we use is jubilation. as you're getting older, you should be able to do the things that you love. but proven technologies allow natural gas producers to supply affordable, cleaner energy, while protecting our environment. across america, these technologies protect air - by monitoring air quality and reducing emissions... ...protect water - through conservation and self-contained recycling systems... ... and protect land - by reducing our footprint and respecting wildlife. america's natural gas... domestic, abundant, clean energy to power our lives... that's smarter power today. listen to what mvp justin verlander thinks about it. i would say the source of most of my muscle pain would be in my shoulder. my trainer kevin rand recommended it to me. i was kind of skeptical at first, but i tested it out, and bayer advanced aspirin relieved my pain fast. feeling 100% every start, every fifth day, i think definitely gives me a little bit of an edge. but don't take his word for it. put bayer advanced aspirin to the test for yourself at fastreliefchallenge.com >>trace: this is breaking news on the john edwards trial with officials ordering all the reporters out of the room with conference with the tomorrows over a "matter with the jury." not sure what that means but abc news is reporting that one of the female alternates has been flirting with john edwards for days. you will recall the former presidential candidate is facing possible prison time and huge fines. and the prosecution claims he used nearly $1 million in campaign funds to hide his pregnant mistress, rielle hunter, back in 2008 while his wife was dying of cancer but the lawyers say the only thing he is guilty of is being a bad husband. yesterday, the jury asked to see more of the evidence presented in the trial including hand written nets from one wealthy donor who gave john edwards hundreds of throughs of dollars but john edwards' lawyer insists the donations were not campaign contributions. and now, outside the courthouse in north carolina, what else do we know, doug, of the matter with the jury? >>reporter: well, we did not know anything. to be honest. it can be any number of things. i want to get to the matter of the alternate. there are 12 on the jury composed of five men, excuse me, eight men, four women, five african-americans, one hispanic, the rest white. we do know at this point the four alternates you spoke to, throw of them are young women and they have fallen into a habit of dressing identically, there is conjecture among the reporters about this report that one them was flirting with john edwards and other reporters out here on street have cast doubt on that, but there has been some eye contact, some smiling and the characterization of it as "flirting," is some a lot people out here would not do. so, that is where that stands. now, as to the matter going on right now in the courtroom, all the reporters and the public were summoned out of the courtroom a matter of moments ago and attorneys called in to deal with the matter with the jury. what that matter is, we simply do not know. it could be a hung jury. it could be one on the jury who is not agreeing. they could be close to a verdict. perhaps they want a little bit more time to deliberate before the long holiday weekend comes up. this is a departure from what we have seen from the previous five days of deliberation because here it is ten mens to 4:00, and they have traditionally stopped at 3:30 each day so they have gone beyond the ordinary recess time, and what it means we do not know. we are on stand by. all ears or open and listening and we will stay in touch. >>trace: it was understanding that the judge asked what time do you want to break and they said 3:30, same as every day. question is they are looking at a wealth of evidence, they want to look at every exhibit that was in the trial, so this could take some time. >>reporter: yesterday they asked for 20 exhibits and one of them is particular interest, a hand written letter that a ben benefacters, a multi-millionaire donors sent to a campaign aide, mr. young, and in that fedex package he had a handwrittenned let exercise $1,000 in cash and he said, old chinese saying, use cash, not credit cards. some people suggest that speaks of a conspiracy and others say it does not. that is the basis of what this trial is. it is what the jury is deliberating right now. what their answer is we do not know. >>trace: back to you with breaking developments and we will have continuing coverage of the john edwards including a report that a female juror was flirting with john edwards at his trial during the trial! that is according to abc news and our legal panel will weigh in on what that means for the outcome the case. 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[ dennis ] dollar for dollar, nobody protects you from mayhem like allstate. >>trace: breaking news again coming from the john edwards trial. we are told that reporters have been ordered outside of the courtroom. something is beginning on. we are not sure what. separately, abc news is now reporting that a female juror has been "flirting" with john edwards at his trial. one of the alternate jurors, an attractive young woman with jet black hair, she clearly instigated the exchanges and she smiles at him, he smiles at her, she giggles, he blushes, and now the lawyers. randy, what can i say, flirting with john edwards at the trial? if true which we do not know, what does it do to the case? >>randy: well i am going to suggest to you, trace, it is not true. it is an old tactic of trial lawyers, when you are on trial, you are looking for any indication from the jury. looking for a smile. even looking for eye contact. smiles, laughing jurors do not convict. a juror who makes eye contact with a member of defense it gives the defense some degree of comfort because if you are going to convict my client you are not looking at me. i suggest it is probably not anything more than john edwards being an old trial lawyer, and a client, looking for something from the jury. >>trace: moving beyond that, now they have been ordered out of the courtroom and the reporters and the jury wanted to stop working 30 minutes ago. what do you sense is happening there? >>guest: well, first of all, this woman is a little more than the average ... she was flirting and the judge will dismiss her as an alternate and if this is any v between her and the rest of the jury, he will go about what is going around now, probably question all the other on the jury and seeing they are not tainted by any of that flirtation or inappropriate conduct. and this way --. >>trace: what is happening now, randy, inside the courtroom they ordered the reporters out, is it your sense something is happen, possibly a verdict, late, on preholiday friday? >>randy: unfortunately and i have learned this the hard way, the jurors faced with the prospect of coming back after a long weekend, suddenly invariably, many times decide, let's come up with a verdict. my sense in this case is the jury have been so diligent and said, give me 2,000 exhibits, fine. i doubt they have a verdict so quickly. but it could be they are deadlocked and they are saying, judge, it doesn't matter, we asked for 2,000 exhibits and we cannot grow. >>trace: gentleman, thank you. we are watching breaking information from the john edwards trial. is there a verdict? we will know very shortly here on "studio b" but that is it for me. 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