to us from the west coast newsroom this evening. take us back through the case as we wait for the verdict this evening. >> we should know, we have no idea how long the jury will be asked to deliberate tonight. but they have three choices, guilty, not guilty and guilty by reason of insanity which is historically difficult to prove in texas. the defense showed that routh was suffering from schizophrenia. telling the jury on the way to the shooting range, kyle and littlefield were sitting in the front seat, routh in the back. littlefield texted quote he's right behind me, watch my six. a military term for watch my back. but the prosecutor tried to show that routh was faking, saying that he admitted to investigators on the day of the shooting that he used drugs, drank whiskey and knew what he was doing was wrong. and on the night of routh's arrest there is video in the back of the police cruiser, where you can hear the officer asking, hey, marine, you all right back there? routh responds, i've been so paranoid and schizophrenic all day, i don't know if i'm insane. the prosecution said today it was cold calculated murder. chris kyle's widow, taya kyle, took the stand and talked about the last conversation she had with her husband on the way to the gun range. she later texted him but he did not reply. we should get some type of warning before the verdict is read. but martha, as you know we've got to stay close on this one. >> trace thank you very much. things got pretty dramatic in the final hours before this went out today. casey seagal picks up the story from there. he has been reporting live from inside the courtroom. casey, tell us about that. >> martha, you know this was all extremely unusual. i've got to say, there was a point today when we as the press were sort of looking at each other in the morning saying there is no way they're going to get to closing arguments at the rate they're going. then it seems at the end here the judge started to go at a break-neck speed considering it is now a little more than 9:00 eastern, and considering every single day of this trial the jury has been wrapped by 7:00 eastern. i had a chance to not only listen, but of course sit and observe everyone. taya kyle stormed out of the courtroom during the defense's go at it. she slammed the door. everyone turned around and looked. we didn't know what was going on. it happened when a member of the defense team started saying that even chris kyle knew that eddie ray routh was not quite right, referring to that text that he sent his buddy chad littlefield that trace just told you about, quote, this dude is straight up nuts. kyle texted chad littlefield. chad said, watch my back. it seems almost for a second that chris kyle was on trial and taya was furious. now, many jurors were not taking notes, but they were paying very close attention as the prosecution flashed up those graphic crime scene and autopsy photos. the judge has not indicated how long the jury comprised of 10 women and 2 men from this county will be at it tonight, martha. >> casey, thank you very much. joining us now arthur, a new york trial attorney and fox news contributor. mike is a former prosecutor and criminal defense attorney. welcome to both of you. obviously the jury decided they were going to take this case tonight, arthur, after a very long day. who knows how long they'll be at it this evening. what does that tell you? >> that they're pretty decisive. the judge in every state, they always tell the jurors, don't talk aboutcase, don't talk about your thoughts about the case until i give you the law. but like in 3rd grade sometimes not everybody pays attention to the rules. they sometimes have whisper sessions. after a day like today they're exhausted. they've had people talking to them all day. they've had the judge giving them instructions. usually they say let's go home and let's start tomorrow. unless they kind of know what direction they're going in. i think it will happen swiftly. >> what arthur is suggesting is it committed some type of breach of the law by having discussions. i don't take that cynical approach. what i think is occurring is they're so eager to start communicating about the one subject matter that they have not been able to communicate about. they can't wait to hear what other people think about the case. >> now, mark, although mark would like to be correct on this one, i'm going to respectfully disagree. the biggest problem with the jury system right now is everyone disobeys the judges about not going on google not going on twitter, facebook regarding the cases they're on. across the board that's a problem. to think when they're at lunch, to think when they're at breakfast, or just their body language, just the sense they have of each other of we don't believe this man did not know right from wrong. if he didn't know right from wrong -- if he did know right from wrong because he jumped in that truck and drove away, that we have no choice the feds didn't prove that he suffered from a mental disease or defect and we have to find him guilty. >> interesting. i was on a jury years ago. before twitter. people took it very seriously. >> right. >> they did follow the judge's instructions. >> and i think they generally do, martha. i don't think arthur has any specific knowledge about them doing that in this case. >> i don't. >> and it's not as decisive as arthur suggests. there's a lot that the defense gave them to think about, including the fact that he was in a psychiatric hospital months before this took place, that he tried to kill himself and others. i still think he's going to be found guilty, but i think there's a lot for them to consider. >> gentlemen, stick around. good to have you with us. it could be a long evening. we'll update you with all the deliberations going on in the courtroom. no matter what happens, we're going to be live for all of this. plus, this big story tonight after the islamic state terrorists shocked the world by beheading almost two dozen christians we now have reports that the group kidnapped more than 100 this time. so why has the white house been silent on that story today. brit hume joins us with his thoughts, next. let me talk to you about retirement. a 401(k) is the most sound way to go. let's talk asset allocation. sure. you seem knowledgeable professional. would you trust me as your financial advisor? 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[music throughout] ♪because i love you♪ [announcer] this is my business. i believe in it. i live it and breathe it. i put my heart and soul... ...blood,sweat and tears into it. i run on quickbooks. that's how i own it. a live look at the courthouse in stephenville, texas. the judge charged this jury around 7:30 eastern time this evening. they decided to work into the evening. some think that may be an indication that they are close to a verdict. we don't know. but we will be on it throughout this evening. the jury was given that option of taking the case this evening. we're waiting until tomorrow, they said tonight. the moment that we hear or see any news coming out of that courthouse courthouse, we'll bring it right to you. in the meantime, this also breaking this evening. the white house staying silent so far as we learn horrifying new details coming out of syria. isis targeting ancient christian villages in the northeast part of that country and taking upwards of 150 hostages. many of those that they have now abducted are women and many of them are children. the reports first surfaced about 24 hours ago. the pentagon saying it hasn't confirmed the incident. just a short time ago, texas senator ted cruz reacting saying he believes that this, what you are looking at, is the face of evil. the ref remembered franklin graham also speaking out, saying that he believes the president is defending islam, while chastising christians. of course, this is just the latest in the series of attacks that have been squarely aimed at christianity over the past several years in this region. in recent months, middle eastern christians have been told to convert, or die. terrorists leaving messages on an abandoned christian home long live the islamic state. in mosul iraq one of the first cities that they overtook, they are blowing up and torching ancient churches in many cases. huge symbols of christianity in the area the larger area in which is the birthplace of christ. so last summer, there was that humanitarian crisis in iraq jihadists attempting to starve those on a mountain. a video of 21 egyptian christians last week marched to a beach, and beheaded. where will it end. and where is the reaction. david curry, president and ceo of open doors usa, which is an organization focused on serving persecuted christians in more than 60 countries. david, welcome very good to have you here tonight. >> thank you for having me. >> you look at these stories and your mind just naturally goes back to world war ii. it goes to jewish families being carted off to concentration camps. and it goes to the knowledge that started to creep out that these atrocities were happening. then years later school children saying, how could that be done how could the world look the other way? yet we're living through this again, david. >> it's eerily similar. they're going city by city, building by building marking with the arabic symbol for end, these people follow the nazarene jesus, and then they attack and kill, in many cases behead. it's extremely difficult to understand why the world hasn't woke up particularly policymakers in the administration, and in other western governments, to what's really happening to christians which is a genocide by any definition of the word of christians in the middle east. >> the pope spoke out on sunday, talking about lent and talking about the battleground that existed between jesus and satan in the desert. and some people heard that, and they took away from that that he was making a ref remembers to this incredibly important significant and horrible battle that's playing out in realtime in this new chapter in history. >> since june of this year, christians have been on the run from isis. they've been attacking city by city, as i said. and you have people who are under tremendous stress and pain. they've lost everything. we were talking to folks on our team. we have a network of people throughout churches and partners throughout this region. and they're under tremendous pressure. they've lost everything. some of them literally stripped of the clothes op their back. yet people aren't recognizing what's happening. when they're attacking you for your faith specifically, it is a genocide of christians. it makes a big difference to society at large. syria is being unhinged because all the people who are using a biblical reference in syria iraq, are being forced out. >> yeah. people are discussing this as the end of christianity in this region. and it could very well be. david curry thank you very much for being with us today. >> thank you. >> big topic. joining us now is brit hume, our fox news senior political analyst. brit, good to have you with us tonight. >> hi, martha. >> your thoughts on this, and on the fact that the white house hasn't even mentioned the story of upwards of 100 people taken out of their homes? >> well i think it's pretty clear, martha, that the president does not want to frame this conflict with isis in a religious context. he refuses to label this as islamic terrorism. or even to say islamic extremism. he simply talks about violent extremism. the last thing he wants to do is frame this as christians versus muslims. so the white house is reluctant on this consistent with the way the white house has behaved before on issues of this kind. i'm guessing there will be something said in the next few days. the president does not want to fan the flames on this mostly christian country to say we need to go there and put a stop to this. in fact, what he's doing now which is the bombing campaign that he's carrying out largely in iraq, it seems to me is a result of public pressure that came from the beheadings of those americans. before that he was prepared -- isis was still the jv remember. and he doesn't want to engage over there. martha, he does not see isis as a threat to the united states in a direct way. yes, some americans have been killed and hideous atrocities are being carried out not only against christians but many muslims as well. but he doesn't want to be drawn into this. >> what we're seeing playing out, the president wants to do the bare minimum, keep them at bay, attack when he can but largely look the other way and hopes it goes away sooner rather than later. >> well, i think he probably almost certainly believes that the introduction of the kind of ground forces that would be needed to take on this isis army would have unintended negative consequences, would be extremely expensive, would be -- the united states once again tramping around in the middle east, would serb as a recruiting tool, in his view, for these terrorists, that indeed they are seeking to goad him into doing just that. i don't happen to believe that's true, but i think that's the kind of thinking that he endpajs in. i think that's where he is on this. that he believes that you don't want to frame this as religious. you don't want to have it seem to be a holy war. you don't want to give them that recruiting talking point. and the smartest thij tong to do is take them on, and for others to do more, bomb them and hope over time you can wear them down. but he doesn't really believe that despite the hideous atrocities, that isis poses much of a threat to the united states. perhaps to some of his interests overseas, perhaps to some of our allies, but not to the united states and certainly not an ex to extension threat. >> libya, the robe he backed the campaign in libya was because of an imminent impending humanitarian disaster that he thought was going to happen there, carnage. >> yes. remember responsibility to protect. that was considered part of the obama foreign policy docktrine. that's long since been abandoned. it's a further lesson that they have unpredictable consequences, that there's turmoil in the middle east. we can't know which direction it's going and we probably can't affect it very much for the better. i think he really doesn't want to lead here, because he doesn't know where it will go, and of course he's suspicious of military peril and the rest of it. >> meanwhile, these people wonder, where is the rest of the world while this is happening to us. >> exactly. >> brit, thank you very much. good to see you. >> you bet. so again, the kelly files, watching this breaking news story tonight all eyes are on this courthouse in stephenville texas, where we could get a verdict at any moment in the "american sniper" trial. that's why you see so much press posted outside that building this evening. the white house dismissing growing concerns over a possible nuclear agreement with iran as a deadline to seal the deal, fast approaches. we're going to talk about that up next. oliver north and ambassador john bolten on why these talks this moment this pact could have a lasting effect on the world. allegations of racism have some of the denver police department crying foul tonight. a detective calling this a bad case of political correctness. 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[birds chirping] the am. new aleve pm. it's the first to combine a safe sleep aid plus the 12 hour strength of aleve. for pain relief that can last all the way until morning. new aleve pm, for a better am. breaking tonight, a live look at the courthouse in stephenville, texas, where the jury is now deliberating in the "american sniper" murder trial. arguments. they have been deliberating now about two hours. we're told they could stay tonight until they have a verdict. and when that happens, we do expect to see it live. the jury must either decide if chris kyle's murderer was insane when he shot and killed the navy s.e.a.l. and his friend at a texas gun range in february of 2013. the moment we see or hear there's movement in that case we'll get a warning they've come back with a verdict and we'll take you there live. in the meantime, also tonight, there are growing concerns over a possible nuclear deal with iran. some republicans, democrats and even many allies are worried that this agreement being worked on could allow tehran to eventually build a nuclear bomb. chief white house correspondent ed henry filed this report for us from the white house. >> reporter: good evening, martha. after a closed-door meeting with the amir of qatar today, president obama offered something on the talks with iraq that might not assure israeli or arab allies. iran does not have a nuclear weapon now when in fact israeli prime minister benjamin netanyahu wants to make sure they can't get weapons. secretary of state john kerry, though is edging towards a deal with iran that would freeze the nuclear activities for as little as ten years. kerry today on capitol hill pushed back against the critics by saying there's no final deal yet, while republican lindsey graham said a weak deal will only embolden iran. >> iran will not get a nuclear weapon. and anybody running around right now jumping into saying, we don't like the deal or this or that, doesn't know what the deal is. >> we're dealing with people who are hell-bent on expanding their influence in the middle east in a destructive fashion. >> meanwhile, netanyahu declared today he will do everything to prevent any nuclear deal at all when he addresses congress here in washington here next tuesday. remember, that's the speech that vice president biden and some congressional democrats plan to skip. they're frustrated that john boehner politicized it by cutting the white house out of the invite. >> a showdown. joining us ambassador john bolten, and fox news contributor. but we begin with kermcolonel north after a meeting with lawmakers. colonel north, good to see you tonight. welcome. >> thank you. >> netanyahu said that basically he has to come to congress he believes. he's been invited. he feels it's his best forum to make a case against this deal that he thinks is pretty dangerous. >> he's right. what the administration is saying, that they're doing a better job than the bush administration is laughable on its face. this administration has made it clear they're going to reshape the middle east. 2009 when they had a chance to support the green revolution that offered democratic in iran, hundreds of thousands of iranians took to the street. hillary clinton was secretary of state and said nothing to encourage what might have been a change of direction. since 2010, the obama administration has been whetted to the idea of doing nothing, that will upset the shiite running the nuclear programs in iran. that's why we've done nothing since 2011. we bugged out of iraq because of that. that's why we've done nothing to stop assad in damascus. nothing to stop the iranian weapons from going to hezbollah and lebanon. nothing to stop the rockets going to hamas through sudan. that's why the north koreans are backing the iranians. because they know they'll get their weapons. >> former c.i.a. director, general hayden this morning he said we've sort of played gently with assad, played gently with putin, so that we don't disrupt this apple cart. and tick anybody off who is supportive of iran because they want this deal so badly. now you've got saudi arabia, i mean, amir of qatar looking at this arrangement with iran. they're not happy about it either. so we've aillienated israel and qatar to cut a deal with iran that many people may ultimately let them have weapons anyway. john kerry says nobody knows what's in this deal. >> here's the bottom line. in israel, the words never again, and never forget, are not political slogans. they mean it. and that's why it's so important that prime minister netanyahu deliver that message here in the united states. because the american people need to know, this is not just an existential threat to israel. it is ultimately an existential threat to us if the iranians get a nuclear weapon. >> all right. the president and john kerry say that will not happen under this deal. but a lot of people skeptical. thank you very much, colonel. good to see you. so this past weekend israeli prime minister benjamin netanyahu said he felt compelled to address the u.s. congress next week. >> this agreement between iran and the western powers is dangerous for israel. therefore, i will leave next week for the united states to explain to the american congress since this is the body that influences the fate of the agreement, why the agreement is dangerous to israel dangerous to the region, dangerous to the whole world. >> ambassador john bolten. ambassador, a lot of people in washington very angry that he is still coming. democrats very fired up. the president's not going to show up to see benjamin netanyahu speak. the vice president will not be there. but diane feinstein and nick durbin, the senators will sort of have an aside meeting with him in their offices. what's that about? >> ostensibly they say it's to avoid politicizing the u.s.-israel relationship. i think netanyahu should meet with them in the caucus of democratic senators. i think he should meet with anybody in congress, meet with him after the joint session to meet privately to discuss this. i think he's got a very serious concern. you know israel's a small country, half a dozen iranian nuclear weapons, there won't be an israel. this is what prime minister aerial sharon used to call the threat of a nuclear holocaust. it's why it was perfectly appropriate for speaker boehner to invite him. why the american people should listen to him. >> clearly the president and john kerry believe what they're saying, that the deal that they are cutting will mean that iran will never be able to have a nuclear weapon. so what are we getting in return for that deal? i mean, what kind of promises of inspections, and what other kind of larger deal for the middle east would we be getting and giving them this? >> let me say first, the notion that secretary kerry just put out that we don't know what's in the deal, is false. we don't know everything that's true, but we know what the administration itself has leaked over the past year, as a demonstration of their pride and what a great deal they're cutting. look, i wouldn't trust the current government of iran with any nuclear program at all. you know this is technically very complicated. but our fundamental mistake, the administration's fundamental mistake was conceding that iran had any right to a peaceful nuclear program to begin with. and certainly, the notion that they're allowed to have any uranium enrichment program is proof they haven't given up the objective of getting deliver rabl nuclear weapons. what we're talking about here is how soon we're going to find out that iran is violating the commitment it's made repeatedly not to go after nuclear weapons. the verification provisions are inherently inadequate. the international atomic energy agency has been stiffed by iran going on 20 years. there's not going to be any provision for no notice anytime inspections. the fact is, a lot of what iran is doing they may not be doing in iran, they may be doing it in north korea, they may be doing it in syria. >> the secret facility that was reported underground just the other day. ambassador bolton, thank you very much. good to see you. >> thank you. the stunning evidence today offered on what republicans call an ugly case of media bias. and we have an update from texas this evening where we're waiting for a verdict in the "american sniper" murder case. suddenly this is moving very quickly. we'll take you to the courthouse in moments. meet the world's newest energy superpower. surprised? in fact, america is now the world's number one natural gas producer... and we could soon become number one in oil. because hydraulic fracturing technology is safely recovering lots more oil and natural gas. supporting millions of new jobs. billions in tax revenue... and a new century of american energy security. the new energy superpower? it's red, white and blue. log on to learn more. 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[whistle] purina pro plan. nutrition that performs. you get sick you can't breathe through your nose... suddenly... you're a mouthbreather. well, put on a breathe right strip and instantly open your nose up to 38% more than cold medicines alone so you can breathe and sleep shut your mouth and sleep right. breathe right. breaking tonight a texas jury has now been deliberating for two hours in the "american sniper" murder trial. we're told they could come back at any moment with their verdict. casey siegel is outside the courthouse with the latest for us. >> reporter: martha, this is unprecedented. in fact, we just asked a court public information officer not long ago if the jury does not reach a decision tonight, how late will they be working, how late will the deliberations go his answer is we don't know. we could be here until 2:00, 3:00 in the morning. frankly, they've never had to deal with something like this here before. clearly a lot of national media international media has descended on stephenville as this trial has been under way. we understand from the court that we would get a 15 to 20-minute warning if there is some kind of indication from the jury whether they have a verdict or if they have a question. that would allow all of the family members and all of the parties to gather here at the courthouse to hear that read. closing arguments lasted about two hours or so, each side got roughly one hour. the prosecution went on painting eddie ray routh, the accused killer here, as a man who was a chronic user of marijuana, who smoked marijuana the morning of the murders and had whiskey with his coffee, and that it was his drug and alcohol use that caused the psychosis. the defense said he was schizophrenic and did not know what he was doing at the time was wrong. we're on verdict watch here, martha. >> casey, thank you. here's my bigger point. and i'm not comparing rudy giuliani to joe biden. but every single day joe biden says something that would end my career if i said that. [ applause ] and i never hear democrats having to answer for him. so i just wonder why is it that i have to always answer for people in my party. rudy giuliani is a big boy, he's a strong man, he can defend himself. so i do think that is a point to that bias. >> mark rubio talking about how the mainstream media is describing what he called a double standard for republicans and democrats. hoe's not alone. the rnc released what it called clear evidence that the media is not playing fair. trace gallagher has all of this for us. quite interesting stuff, trace. >> martha, last week the democrats were dealing with three newsworthy controversies. first the report that since she left her position as secretary of state, hillary clinton has seen increase in contributions from foreign governments. something even former obama press secretary robert gibbs called awkward. politico said sitting congresswoman wasserman schultz is anti-semitic if he had replaced her in 2013. the third story is vice president biden saying this. listen. >> it's a large, very identifiable somali community. i might add, if you ever come to the train station with me, you'll notice that i have great relations with them because there's an awful lot of them driving cabs and are friends of mine. >> the "washington post" gave that statement four pinocchios. for numbers presented to the republican national convention from an outside firm, those three stories combined were mentioned last week on radio and television, 548 times. but when former new york mayor rudy giuliani said he doesn't believe president obama loves america, it was mentioned more than 9,000 times. that's 18 times as much. the rnc thinks it's because the media kept the giuliani story going, by asking potential gop presidential candidates about it. so we checked it out. and it turns out jeb bush, scott walker, rand paul, rick perry, bobby jindal and marco rubio were all asked about giuliani, yet not a potential democratic candidate were not asked about it, not hillary, vice president biden, martin o'malley bernie sanders or elizabeth warren. the rnc is crying double standard and they believe the numbers support this. martha? >> trace, thank you very much. joining us with more on this, our fox news politic editor, and fox news contributor, welcome, guys. >> good to be with you. >> have at it. what do you think? >> well, look one thing we should be clear about, there isn't much of a democratic primary to cover. >> no there isn't. >> it's basically covering a shotgun wedding between hillary clinton and her party and it's not a pretty sight. but even accounting for that, even allowing for the fact that there's just more news and more interest on the republican side this cycle even with that obviously this is out of whack. and it's always out of whack. this is not a new thing. what's new here is data that actually supports in realtime with comparable things, which is maybe not even comparable, a sitting vice president saying a demonstrably false and racist-y kind of thing about somali cab drivers who aren't somali and aren't in delaware, versus the former two-times ago former mayor of new york city saying something at a dinner. those are not exactly equal things. and they were treated unequally and inverse correlation to their newsworthiness newsworthiness. >> we look at the numbers on this. joe, the clinton foundation foreign investment which even robert gibbs pointed out said, that's a little awkward. got 420 results. rudy giuliani's statements about the president, 9,092. not even close. not even a horse race joe. >> well, first of all, anytime somebody says something controversial about a president particularly someone like giuliani, it's going to get more coverage because of who he's attacking, or who he's making the comments about. but look, the fact of the matter is, there really is only one circus in town. i don't mean that in a pejorative, but there's only one game that anybody wants to about, and that's the -- it's an exciting race on the republican side. i think there's a bigger bias going on here. and i'm not -- there is clearly a bias. those numbers are so far out of whack that you can't claim otherwise. so i think the bigger bias and this is the one i think people should pay attention to, is that the press has a bias toward win noing down large fields. it's the largest in history. the media believes it's their job to get this down to two or three candidates as soon as possible. for a lot of reasons. they don't have the money to cover 20 candidates. and it's these 20 candidates or 18 candidates jockeying for position that's the more interesting story. and it's better -- again, it's about whittling it down. that's why they korcover the straw votes and everything. >> somebody will turn to hillary clinton and ask her about the foreign investment campaign, because it will be more even at that point. it will be interesting how long the story sticks around. joe biden, i don't know. maybe marco rubio is right. >> chris is right, there's no win ohhing down process. we don't know if there will be two candidates in the race. >> thanks guys. see you next time. our producer in texas obviously who's following this story closely, the jury in the "american sniper" murder trial could deliberate for another hour or two. or they could come back and say, we're going to have a verdict in 15 minutes. everybody get into the courtroom. so we'll keep you posted on that, watching that very closely this evening. plus should the denver police officer in this video be disciplined for his language. we'll hear from a denver detective who says no. that this is a bad case of political correctness. we'll tell you what's going on. fact. fast-acting advil is designed with an ultra-thin coating and fast absorbing advil ion core technology stopping headaches and other tough pain. fast. relief doesn't get any better than this. advil. ♪ with pain relief, we're all at the corner of "relief is good"...and "fast relief is better." good thing walgreens gets you in and out in no time... so you can find relief fast, with solutions like advil. at the corner of happy and healthy. doers they don't worry if something's possible. they just do it. at sears optical, we're committed to bringing them eyewear that works as hard as they do. right now, buy one pair and get another free. you total your brand new car. nobody's hurt,but there will still be pain. it comes when your insurance company says they'll only pay three-quarters of what it takes to replace it. what are you supposed to do, drive three-quarters of a car? 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>> that's a good point. >> i mean, what -- they weren't being aggressive. >> he told his sister, if i didn't take their souls they were going to take mine. that seems to support the insanity defense, mark. >> no question there's points that the defense made. the point the prosecution will make is number one, we don't have to prove motive. you never do. who knows why someone kills someone. the second thing is there might be evidence that he suffered from a mental illness, just for a moment. but that is only one hurdle. the question is from the facts, him fleeing from the police, him leaving the scene. all the other facts seem to suggest that he knew a very low standard, right from wrong. the prisons are packed with people who are nutty. >> right. i will tell you, one last thing, because everybody's talking how long will this go. if i'm the judge here i don't let it go too long tonight. you know, the judge plays the role as the big daddy, the supervisor. he has to say listen, you guys have had a long day. you processed a lot of evidence. we don't need to rush into this. there are a lot of lives and families at stake here. go home, get a good night's sleep and come back in the morning. >> we'll see. we'll continue watching the courthouse. up next, we'll talk to a denver detective about the racism allegation causing controversy for that police department. i love life, whether i'm on the go, spending time with friends or with my favorite date. i take care of myself, and i like what i see when i look in the mirror. i've often been told i'm the best pair of legs in the room. the so slimming collection only at chico's and chicos.com. i have the worst cold with this runny nose. i better take something. dayquill cold and flu doesn't treat your runny nose. seriously? 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[ bleep ]. i'm not your homie either. just walk around. we're trying to do our job. walk around. >> detective victoria oliver joins me now. victoria, welcome. thank you for being here tonight. tell me about this. what did you see in this video in the context of it, that made you have a different take than everybody else? >> what i saw was an officer attempting to control a scene. and you have somebody who's trying to undermine the officer's authority by going right through the scene. and he calls the officer the "n" word. and the officer says, i'm not that. please go around. the male then says homie, i need to go this way and he says, i'm not your homie, go around. what's interesting to me about that is the officer even though he was written up for this, he accomplished what he was trying to do. he got the person to go around the scene. >> yeah. so the words that he used, he was echoing from the other person who he was trying to redirect, correct? >> correct. this person called him something and he said, i am not that. if it was me on the street and somebody came up to me and you think about the historical context of the word and they said that to me i have every right to say i am not that. that is not unprofessional. that's just stating a fact. >> what about the body camelment of this. is this the first time you've had a body cam in this kind of case? >> from my understanding, this is the first time the body cam has been used as evidence against an officer in a situation such as this. but the good thing about the body cams it is presenting transparency. and i just hope the people who are utilizing them, such as the manager of safety or independent monitor, when they're watching these body cams they're also trying to interpret it properly instead of just trying to hem somebody out. >> very quickly he's got a mark on his record. any other repercussions for him? >> well, the problem with the written reprimand that he received he has no -- he can't fight it. once you receive a written reprimand, it just goes on your record. and then it can be used as an aggravator if something else happens down the line. and he can't fight it. >> victoria, thank you very much. good to have you with us. there's nothing more romantic than a spontaneous moment. so why pause to take a pill? and why stop what you're doing to find a bathroom? with cialis for daily use, you don't have to plan around either. it's the only daily tablet approved to treat erectile dysfunction so you can be ready anytime the moment is right. plus cialis treats the frustrating urinary symptoms of bph, like needing to go frequently, day or night. tell your doctor about all your medical conditions and medicines, and ask if your heart is healthy enough for sex. do not take cialis if you take nitrates for chest pain as it may cause an unsafe drop in blood pressure. do not drink alcohol in excess. side effects may include headache, upset stomach, delayed backache or muscle ache. to avoid long-term injury, get medical help right away for an erection lasting more than four hours. if you have any sudden decrease or loss in hearing or vision or any symptoms of an allergic reaction stop taking cialis and get medical help right away. why pause the moment? ask your doctor about cialis for daily use. for a free 30-tablet trial go to cialis.com ♪ how did i set a new personal record today? i started with a test run. then i got a solid night's rest in a great room. and before i hit the road, i hit the breakfast bar where i got my fuel for the next 26 miles. great endings begin here. and now when you choose choice twice, get a night at no price at 1,500 hotels. book now at choicehotels.com ten women and two men working on coming up with a verdict in the "american sniper" trial. right now, the case has been deliberating for a couple hours already. as soon as that comes in we'll bring you those developments when they happen. i'll see you tomorrow morning at 9:00. tonight, isis kidnaps 100 more christians and they put out this disturbing video training children and jihad. a disturbing report from the middle east. lieutenant colonel ralph peters is here tonight to analyze. >> how did you grow up, giuliani? a privileged cracker? >> lewis faracon the racist anti-semitic with a violent attack on rudy giuliani. will obama condemn it. the clock is ticking. as i stand here there is nothing from congress to fund us beyond that point. >> and as the obama administration playing politics on homeland security by trying to scare you the american pe