gabe biel s body was not found. she is charged with kidnapping custodial interphones and conspiracy and lawyers are moving for dismissal on those charges because of technicalities. kidnapping charge requires the state to prove that joms son was worried about imminent fiscal danger to gabe real. johnson said she already killed him which the lawyer notes is not an imminent injury. rulings on that motion and a few others a due out later today. the trial resumes tomorrow with closing arguments. elizabeth johnson did not testify in her own defense. if she is convicted of only custodial interference she would walk out of jail only on parole, jon. jon: what a unbelievable story. patti ann browne. thanks. the middle east is falling apart. they re trying to spin what happened in libya, the truth of the matter al qaeda is alive and well and counter attacking n iraq there is doubling of al qaeda
sound barrier with the highest free fall ever. it is all happening now. . jon: good morning morn to you. we re one day away from the smoke doe down between president obama and mitt romney. i m jon scott. jenna: hi, everybody, i m jenna lee. we re glad you re with us today. both men are hard at work on their final preparations and there is a lot riding on tomorrow east townhall debate. until the next debate when there will be a lot riding. jon: of course. jenna: every debate is a moment we re playing attention to. governor romney transformed the strong performance into something in the polls. he is hoping to keep that going. meantime the president is looking for a little momentum of his own. his campaign promising a more aggressive performance tomorrow night. we ll see how that plays out. john roberts live in new york. off the road, finally, john. welcome back to new york city. how are things shaping up on the eve of the debate? reporter: considering i m based in atlanta i
0 martha: that is it for us, bill hemmer. we ll be back here tomorrow with the big warm-up show for the big night. bill: did you miss us last week? martha: all the time. bill: you re back in time. martha: two days away. i m glad to be back. bill: feel all right. now that we re good to go. martha: absolutely. they have a whole big show coming up. we ll see you back here tomorrow. bye, guys. jenna: different story indeed. we have brand new stories and breaking news. jon: the growing controversy over the white house response to the benghazi tear or attack. it is being compared to president bush s mission accomplished remark in the iraq war. we ll take a fair and balanced look. the next big outbreak. scary new details on the roll that animals might play into the spread of deadly diseases into the human population. plus leaping into the history books, the death defying dive from the edge of space. jenna: you re next, right? york. off the road, finally, john. welcome back to new york cit