states for treatment within the next few days. john roberts is live outside of emory university hospital with more than. john? >> reporter: jon, decisions are made by the minute on ground in liberia, who comes back and how they come back will depend on how ill they are. dr. kent brantley and nurse mary writebol are medical missionaries for is a tear man's purse. they -- samaritan's purse. they are said to be in serious condition, according to samaritan's first, which means is a good thing because they did not get worse overnight. an air ambulance from phoenix air out of cartersville, georgia, filled with the centers for disease control bio containment unit landed in liberia. we don't know which patient will come back first. we know the plane will have to take make two trips because it can only take one trip at a time. earliest one patient would be here at emory university would be tomorrow morning. they will be housed in a special bio containment unit here at emory designed by the centers for disease control. a lot of public concern obviously about the very first cases of ebola on u.s. soil. the center director, dr. tom freeden, told me the public should not be concerned. >> the reality ebola is relentless and merciless virus but it will not spread in the u.s. if we have people who are exposed we can track them. report this medevac was arranged by mayor tan's purse by centers for disease control and the state department. it is a complex operation and a lot of sensitivities and governments involved. franklin graham told me two of their best people on ebola were infected shows how dangerous things are in west africa. >> we need god's help, jon. the world need to be praying. people of liberia need to be praying. we have to have god's help beyond this. this is beyond anything samaritan's purse can do. it is out of control, the united states government or any other government. >> reporter: should be pointed out sierra leone's top ebola expert died from this disease a few days ago. the centers for disease control is trying to make a difference. it is ramping up its personnel in west africa. sending 50 disease specialists and coordinators there the next several days. the cdc director said under the best-case scenario this thing won't be under control for another three to six months. jon: those are courageous people who are volunteering to go over there. >> reporter: they are. and i don't know if you know the story but dr. brantly, the other day showed an extraordinary act of heroism. received a vial of experimental serum to treat ebola. there was only enough for one person. even though he has a wife and two young children at home in texas he told his colleagues, don't give the serum to me. give it to infected nurse, nancy writebol. he really has been left with no treatment at all, jon. jon: john roberts, keep us updated. thanks. >> well that three-day cease-fire between hamas and israel collapsing before it ever really got started. heavy fighting beginning two hours after the truce began. now the israeli military saying one of its soldiers may have been captured by hamas. john huddy joins us live from israel-gaza border with the very latest. john? >> reporter: uma the search continues for the soldier as fighting does as well in southern gaza and northern gaza. we're hearing outgoing mortar fire, israeli mortar fire on that part of the strip. it has been an intense fight in the southern part of gaza. that is mortar fire again right there, i don't know if you heard that, after that soldier was according to military officials, captured, abducted by hamas militants. this again, as, we're hearing a lot of action here in, basically here's what happened earlier today. these are 155-millimeter howitzer cannons. they opened fire again after the cease-fire ended when according to military officials hamas militants ambushed israeli soldiers in the southern part of the gaza strip when they came out of one of the tunnels. now these started firing right after that targeting towards the city of rafah, trying to escape, prevent the militants from getting away. two soldiers were killed during the ambush. again the search resumes for that third soldier. and as i mentioned, we're hearing outgoing mortar fire hitting the northern part of gaza strip. you can see the smoke there in the distance. this as it was earlier, it was quiet earlier today, uma, but now the fighting, as you can see and as you can hear as well has resumed. back to you. >> we can definitely hear and see that mortar fire. stay safe, john, thank you very much. jon: on capitol hill house lawmakers hard at work right now delaying their summer vacation, trying to come up with a bill to address the border crisis. this after tea party conservatives with support from texas senator ted cruz, forced house leaders to scrap a vote last night. meanwhile the senate also failed in its attempt to address immigration before leaving town for a five-week break. let's talk about all of this with tom bevin. tom, you are the executive editor of "real clear politics." try to make the politics real clear for us. what happened yesterday? >> well i mean, john boehner suffered another revolt from the, tea party members of his caucus and, you know, yesterday morning, he was thinking and telling reporters he would have the votes to get this thing passed and, that kind of broke down. by the afternoon they had to go ahead and pull the vote. now as you mentioned they're back at it today. all indications are that they're going to get something done, at least that is what the players are telling the media. that everybody is there at the capitol with their bags packed and ready to head out of town for the five-week break. jon: the idea was yesterday, you pass one bill that spends $660 billion, way less, more than 3 billion less than the president wanted for border security and then you pass a second bill that prevents the president from expanding the program that, you know, his ability to authorize illegal immigrants to get work permits and that kind of thing, right? >> that was sticking point, this daca bill, deferred action on children arrivals which was part of obama's executive order from 2012. jon: let me interrupt you there because that is what a lot of people blame for causing this current crisis because the president said if you're young and here you, you can stay and we'll give you work permits and so forth. a lot of people said that word went out in central america. and that has brought us to where we are today. >> right. and compromise that boehner tried to craft yesterday was to, you know, get everybody to vote on $660 billion measure to address the border crisis. have a separate vote on the daca bill. that wasn't good enough for members like michele bachmann, louie gohmert and some others who were in the meeting with ted cruz. they're back at it today. doing tweaking and trying to craft a compromise everyone can go ahead and vote on. this is real, it was embarass ment for boehner, yet another one. they don't want politics of this crisis on the border which so far i think hurt president obama and been hurting democrats a little bit. they don't want to see this turn-around on them as they head out for this five-week break and be blamed for not addressing the crisis. jon: because some of the boehner supporters were saying, you know that they have, by not taking that vote yesterday, they have played into the president's hand, by becoming what he says they are, a do-nothing congress. >> exactly. and, look, you know, as far as how this might impact the elections, it is unclear. one thing reinforces stereotypes out there, right? we have sort of this, you know, inaction in congress. you have a president who is bashing congress and republicans charging him for being incompetent and causing this crisis in the first place but certainly republican strategists on hill and republican members, especially moderates who stormed the floor yesterday and agitated with boehner, they don't want to go home without taking a vote on this they don't want to be blamed seen as doing nothing as this is a crisis that has been on going in the headlines for number of weeks now. jon: apparently we'll get a vote today. what are they going to be voting on? >> as i said, they're working out details. they're trying to craft some sort of a compromise. they were tweaking the language i think to the daca piece of it and i'm not sure if they will be putting it together or trying to hold separate votes. but it deed seem like hard-liners like steve king were indicating they thought they would get something done. we'll have to wait and see. they're bags packed and they will head out of town immediately after this vote is taken. jon: nothing motivates congress like a vacation delayed. >> exactly. jon: tom bevin, "real clear politics." let's hope they get something handled. >> thanks, john. jenna: she accused to try to stab her friend to death in order to please a fictional online character. will this 12-year-old clear be tried as an adult? our legal panel weighs in on the stuns case. a report saying u.s. officials working at migrant detention centers are being exposed to infectious diseases. the growing concern and what is done to deal with the crisis next. we have our live chat up. what do you think, is it wise to allow patients with ebola into the u.s. for treatment? click on "america's asking" tab to weigh in. live healthy and take one a day men's 50+. a complete multivitamin with 7 antioxidants to support cell health. age? who cares. can you fix it, dad? yeah, i can fix that. 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(vo) introducing the all-new subaru legacy. it's not just a sedan. it's a subaru. jon: right now increasing concerns about what many call a serious public health crisis along our southern border. this after agents oohs signed to detention centers housing hundreds of illegals reportedly were exposed to highly contagious diseases things like scab business, chicken pox and tuberculosis. william la jeunesse live in our los angeles bureau with that report, william? >> reporter: especially a problem with front line agents in daily contact with immigrants awaiting hearings. in artesian, new mexico, 600 immigrant families locked down indefinitely, no one at loud in or out, 89 testing positive for it. b. this is not suppose to happen. when they arrive at border they're supposed to be medically screened before being move intoed detention. problem chicken pox, three-week incubation period before you see symptoms. by then others can be infected. >> it seems quite odd and a violation of total common sense and cows and horses and pets all have to be quarantined, blood tested and certified free of disease before they can cross borders, why are we having 300,000 and more illegal border crossers unscreened, untested and dispersed out into the public as fairly quickly as possible? >> reporter: now last week after a lot of anecdotal stories we heard public health concerns nationwide we asked the administration a simple question. out of all their medical screenings, 290,000, how many immigrants have been quarantined, tested positive for communicable disease or been hospitalized for pregnancy, pneumonia and any illness? we got nothing. zero statistical data. yesterday the inspector general reported this. numerous dhs employees have been exposed to communicable diseases including tb, and becoming sick on duty. agents reporting contracting scabies, lice and chicken pox. two say their children got chicken pox after they were exposed. immigrants unfamiliar late with bathrooms resulted in unsanitary conditions and exposure to human waste. the bottom line is, the administration is concerned about misinformation but isn't giving out any information to contradict it or provide context and scope, jon. taxpayers are paying millions of dollars to house and medical screen this population but are not being told anything about the results. back to you. jon: very serious side of this current crisis underway. william la jeunesse, thanks for bringing us that report. uma: so-called nightmare nanny, remember her? the one that refused to leave her employer's home? is making headlines again today. we'll tell you why. international investigators finally reaching the flight of mh17. we're going to tell what you they're hearing. listen up... i'm reworking the menu. veggies you're cool... mayo, corn dogs...you are so out of here! ahh... the complete balanced nutrition of great tasting ensure. 24 vitamins and minerals. 9 grams of protein... with 30% less sugars than before. ensure, your #1 dr. recommended brand now introduces ensure active. muscle health. clear protein drink and high protein. targeted nutrition to feed your active life. ensure. take life in. when folks think about wthey think salmon and energy. but the energy bp produces up here creates something else as well: jobs all over america. engineering and innovation jobs. advanced safety systems & technology. shipping and manufacturing. across the united states, bp supports more than a quarter million jobs. when we set up operation in one part of the country, people in other parts go to work. that's not a coincidence. it's one more part of our commitment to america. could help your business didavoid hours of delaynd test caused by slow internet from the phone company? that's enough time to record a memo. idea for sales giveaway. return a call. sign a contract. pick a tie. take a break with mr. duck. practice up for the business trip. fly to florida. win an award. close a deal. hire an intern. and still have time to spare. go to comcastbusiness.com/ checkyourspeed if we can't offer faster speeds - or save you money - we'll give you $150. comcast business. built for business. jon: all right, now, an update on a legal battle in california that made headlines across the country. 64-year-old nanny diane stretton was fired nearly two months ago but refused to leave her employer's hope. the california couple hired her as a live-in nanny for their kids and quickly fired her when the family says she refused to do her job. well, stretton says the family kept making more demands, even claims they fed her dog food. well now a new report out of los angeles says, stretton has finally moved out. uma: moving overseas now, investigators in ukraine finally able to reach the crash site of flight 17 today, more than two weeks after the passenger jet was shot down killing 298 people on board. today fight fighting in the region continuing to escalate. earlier today at least 10 ukrainian soldiers were killed by pro-russian separatist it is. now we're receiving reports of people in the east beginning to question their view of russia. joining us now the director of foreign policy at brookings institution. welcome. great to see you, sir. >> nice to be with you, thanks. uma: it is very interesting to note now we're seeing reports that the people of ukraine are so disappointed that a once trusted russia may be manipulating them. >> yeah. you know, eastern ukraine is not necessarily, and never has been this bastion of pure pro-russian support that some people have alleged, starting with vladmir putin himself. you know, there are people who want to be friendly towards russia, even as they're also part of ukraine but historically the information that i have seen over the years suggests that even russians speaking ukrainians value ties to both countries and are not necessarily going to come down in favor of separate tim or secession or annexation by russia. then certainly as you point out what has been going on the last few months is going to harden some of those attitudes against russia. now ad it he hadly there are people who take either position. some people blame ukraine and blame their own government for not doing good enough job stopping separate tim, having mismanaged the economy for two decades. they created a lot of these grievances first place. but the main point you make i think is correct. there are a lot of people in this part of the country very dubious how vladmir putin is behaving. uma: is there a single event has started to change the tide of opinion there, that started the whole thing in terms of getting ukrainians to perhaps question what russia's been doing? >> no. that is a good question. i'm not sure i have a great answer but i do even think before the tragic shootdown of the flight two weeks ago you already were seeing limits on the support for the separate rate of it is, which is part of why they frankly, as i understand it, are losing the war. i think that despite russia's help, the ukrainian government, for all of its military weakness is nonetheless gradually quelling some of these disturbances. that may not continue. russia doing utmost to try to change the course of the battle, but part of the reason that the ukrainian government is doing okay because the amount of inherent support for these separate raves may not be as great as they want to believe. and i think that has been true, really now for actually several months, if not the entire war. uma: what impact do you think this will have on the psyche of putin, knowing that, you know, this can't go on, perhaps as long as he had hoped in terms of manipulating their fears and going forward, how do you think this will play out? >> you know, i want to agree with the way you asked that question. i hope it proves to be the case, that putin will simply realize it is just not worth it. that he is not necessarily going to win. he is killing people along the way. he is isolating russia. he is leading to more and more sanctions. i would like it that he would do a cool, rational calculation here, the way your question i think correctly implies that he should. i'm not convinced that is the way vladmir putin views the world. i think there is a chance he will keep doubling down until all avenues are tested and failed. and even then, even if he take as year or two off from this, he may come back the eight in 2016 or 17. i am afraid this guy doesn't accept setbacks and view the world in the same calculus that you and i do. uma: appreciate that. few weeks back now we are just hearing reports of people finally able to go back to that crash site and take a look around. what is your assessment over all as you've been observing last couple weeks the way the whole thing has been handled and the fact that we are still hearing there are bodies in that region sand that some keel elements and key details are lost from the investigation? >> well you know, it is unbelievably tragic an every time you think about this terrible disaster, you just, you know, get sad and sorrowful and i'm sure we all feel that way and the fact that the some of the bodies have not been handled is incredibly distressing on top of all that. the silver lining, as i understand it the malaysian government persuaded russians to transfer black box and some of the other bodies repatriated at least is step in right direction. i couldn't imagine a situation where there is absolutely no international access at this site and we had to contemplate our options in that scenario. thankfully it has not been that completely you know acceptable and but it has been pretty bad. we should keep up international pressure and all bodies and data and information can be properly addressed. uma: it has been a disturbing situation all the way around and as we watched and observed events way they unfolded past couple weeks surrounding investigation. thanks for joining with us your insights today. appreciate it. >> thank you. nice to be with you. jon: a new scandal involving a northeast governor, this time's new york's andrew cuomo facing ethical questions after shutting down an anticorruption commission. now a u.s. attorney is getting involved. and the obama administration issues some criticism of israel over civilian casualties in gaza. now there are questions about the validity of those death counts. vo: this is the summer. the summer that summers from here on will be compared to. so get out there, and get the best price guaranteed. find it for less and we'll match it and give you $50 toward your next trip. expedia. find yours. uma: welcome back, everybody. still to come in this hour of "happening now," an update on a case we've been following very closely. 12 yield girl due to appear in court today. she is accused of stabbing her friend nearly to death to impress the fictional internet character, "slenderman." she along with another girl could be tried as adults. rare insight into the health problems of some of our ancestors. what ct scans of mummies are revealing about an ailment that is common today. the coast guard called in to rescue two people trapped on a burning boat 11 miles away from shore. democratic governor mentioned as a possible 2016 presidential candidate could be facing some legal troubles. this after new york governor andrew cuomo shuts down a commission to root out corruption in his state. manhattan u.s. attorney may investigate the cuomo administration for witness tampering. chief political correspondent carl cameron joins us live in washington with more on this story. carl? >> reporter: what it boils down to federal prosecutors want to know if new york governor andrew cuomo corrupted his own anticorruption commission. he has lawyered up. it was originally called the more land commission. the governor created it last year but shut it down march of this year. u.s. attorney for southern district of new york picked up unfinished cases meantime launched an investigation in april why cuomo shut the state panel down in the first place. that investigation is expanding into potential witness tampering an okay instruction of justice amid allegations that the governor interfered with the commission when it looked into groups close to himself and. the idea that governor disband banded his own anticorruption panel and told members what to say about is radioactive as it can get. son of a popular former new york governor. former attorney general himself. cuomo is governor 3 1/2 years and up for re-election and looking running for president in 2016. he tried to explain in 13-page memo in "new york times," his view, basically people who work for him couldn't credibly investigate. he wrote, commission appointed by staff and staffed by the executive can't investigate the executive. it is a pure conflict of interest and would not pass the laugh test. well, whatever those ex-state whigsers were looking into is now being investigated by the u.s. attorney of the southern district of new york preet bharara. it is a federal case. political and legal implications are huge. governor cuomo is fighting back saying he is declaring his innocence but this will not be over anytime soon. uma. uma: this story is filled with lot of fireworks. >> reporter: lots of political fallout. jon: we have watched the conflict in gaza play out over the last several weeks. we have heard reports more than a thousand palestinians have been killed in this conflict. that 82% of them were civilians. the obama administration even calling on israel to do more to avoid civilian casualties. but as "the wall street journal"'s bret stevens rights, these death tolls come from the palestinian health ministry run by hamas. can we even trust these figures especially since they list exact same percentage of civilians killed in another war a few years ago? talk about with judith miller, pull lets irprize winning investigative reporter and fox news contributor and tammy bruce, radio talk show host and fox news contributor. that was really interesting, bret pointed out that five years ago when israel and hamas were fighting, hamas puts out statistic 82% of the deaths are civilians. now, present day, flash forward, five years, 82% of the deaths are civilians. is that a little too convenient. >> isn't that coincidence? amazing. this is part of hamas's pr strategy. you put out casualty figures. you count down to the last child, you only show dead children which is horrific for anyone to watch and everyone deplores the loss of life but fact of the matter is, these children for hamas are a pr weapon. jon: it's interesting, tammy. you get video from the conflict and every time an ambulance pulls up to the hospital then the door rolls open you see a couple of children inside. here's another example of it. this shul that you see. >> it is horrible and look, it is equivalent of if we were relying on boko haram to tell us how those girls are that they kidnapped and to have only footage of girls harmed as an argument to leave boko haram alone. palestinian people are also clearly being held as hostages by this terrorist group. that is the construct. what you don't hear from this administration or the u.n., is the fact that this is like a home-invasion robbery. you have people being used by terrorist group, whether in nigeria or people now in iraq who also are not embracing isis but they don't have a choice. so instead of really looking at this as the way to eliminate a threat, to entire group of people, including children, which would also of course save israel, we're looking at it and treating hamas as though they are legitimate entity, that they should be dealt with as though they're the victims in this dynamic. even the u.n. has, u.n. commission on human rights has said, well, israel should share its iron dome technology and give it to hamas. now, why would we want to do that? that is like suggesting that we make sure boko haram is armed enough so that it can fight back against the people trying to rescue the children. jon: iron dome being the system that the u.s. and israelis jointly developed to help protect israeli civilians from the rockets from, that hamas launches. >> i worked in gaza and reported from there after the last confrontation which was in 2008-2009 and at that point the palestinians were saying, oh look, the israelis were actually starved our animals at the zoo to death. when i got back to israel i learned that it was hamas that had actually wiredo explode because they knew when the israeli soldiers came in, they would go to protect animals and would all be blown up. this, you can not be too cynical in a conflict like this and you can not forget the context of this. right now if gaza is open-air prison as the hamas organization asserts, it is that way because hamas seized power in 2007 and has refused to do anything to forward the peace talks, will not recognize israel, and continues to carry out terrorism. now it is even controlling its journalists. the journalists in gaza see only what hamas wants them to see. jon: so why does ben rhodes, part of the president's national security apparatus, why does he issue these sort of warnings, suggesting that the israelis should do more to limit civilian casualties? >> i think imagery is affecting all of us. i think they have clearly had disasterous foreign policy they have lost libya. benghazi, just been announced terrorists claimed benghazi. they're in control of benghazi now. clearly iraq seems to be three states. one of them is caliphate. egypt is lost. egypt is better friend of israel than we are. seems if these are, may i say young people, who are impacted by images, who do not have the experience, frankly i think of judith miller was in decision-making position we would be hearing something very different, much more functional and much more realistic. this is the problem. inexperience. die ma'amic people moved by what they see on television and desire to try to look strong in front of someone. israel, a nation which cares about what we think. i think they're looking for some kind of an easy victory which i think is quite pyric at this point. jon: good points to keep in mind as people watch ongoing coverage of this battle. but it will not end -- >> which will continue. jon: judith miller, tammy bruce, thank you both. >> thank you. uma: well, they didn't have processed food or drive-throughs but new study revealing people who lived in places like ancient egypt suffered from heart disease any way. they have the ct scans to prove it. how could this happen? what does it mean about the way we treat the disease today? scary situation for two passengers on the high seas after their boat goes up in flames. we have dramatic rescue coming up next. stay with us. p÷úññ @úñx uma: time to check out what's ahead on "outnumbered" at top of the hour. sandra and kimberly are standing by. >> we're starting out with the madness at the capitol. lawmakers scrambling to pass immigration reform bill before the long say race. -- vacation. will it happen? >> ruth bader ginsberg calling out supreme court justice who voted against hobby lobby in contraceptive case. >> one a-list actress not supporting president obama. what did she say and is hollywood changing tune on politics. >> our hashtag #oneluckyguy on "outnumbered" at top of the hour. uma: we look forward to it. jon: dramatic video of crews rescuing people off a burning boat. it went down off the coast of san diego. u.s. navy and coast guard crews rushing to the scene. taking one of the passengers on to inflatable boat. thankfully they boeing walked away without any injuries. the cause of that fire now under investigation. uma: well this he didn't have tv or fast-food but eye-opening study now revealing that people who live in ancient times did actually suffer from heart disease. researchers looking at ct scans of mummified remains from five dirt countries found they showed evidence of a condition known as atherosclerosis. hardening of the arteries that could lead to stroke. we have a head of vans cue lar institute of from long beach, california, lead author of the review published in the journal, global heart. welcome, doctor, great to see you today. >> thank you. >> i found it fascinating that despite all the stuff we're dealing with today in modern times that the ancient mummies revealed people actually did suffer from heart disease. >> they did, worldwide. we're finding that ancient cultures had atherosclerosis that can cause heart disease when people get older. >> why is that? why did the cultures suffer from heart disease when we tend to think it is due to lack of exercise, eating fatty foods, high cholesterol levels? >> when our team started investigating this, we thought the same thing, you couldn't get heart disease without a modern lifestyle. what we find looking at people, finding calcium in their arteries showed they had blockages. there must be other things in addition the things we know are bad causing atherosclerosis. there that there is much more to be learned. uma: you think diet has anything to do with it among ancient cultures? >> i think we don't know what the best diet is. we're been urging american heart association, low-fat, low cholesterol diet. now we push a mediterranean diet. we know some diets are better but we can't find a diet where people don't develop heart disease at all. uma: this surprise you as investigator who was leading this team. >> we were shocked. when we first saw that ancient egyptians having blockages of their arteries including blockages of their heart 3500 years ago, we were amazed at that development. uma: what does it say about what we can learn from the study for modern times? >> well we think that perhaps infections, ancient cultures were plagued with infections and parasites. maybe infections revved up their immune response or inflammatory response to cause blockages but it also means we're all at risk for atherosclerosis whether we were born 3,000 years ago or born in the last century, we have this tendency baked into our genes and things we know we should do to keep weight down, cholesterol down, blood sugar down, we should do because we're all at risk. but we still have much more to learn about other things that eventually could decrease or cure atherosclerosis in the future. uma: fascinating study indeed. doctor, thanks so much for joining us today. >> thank you. jon: a key hearing to determine whether a 16-year-old girl should be tried as an adult in a chilling plot to murder her father. our legal panel takes up that case. plus a family of four miraculously survives a fiery plane crash. what police are saying bit. celebrate your love of crab with gthis year's largest variety!. 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>> this case she should be tried as an adult. in maryland, you're 14 or older you commit the crime of murder you can be tried as adult. the defense is trying to transfer hearing to bring her back to juvenile court. why? because the penalties are less severe. she showed no remorse and i think the court will keep her in adult court with enhanced penalties. jon: there is difference in treatment she expects if she goes to juvenile court or adult court. lay that out for us. >> that is why this hearing is absolutely crucial because she is being charged with first-degree murder. this is not a simple assault case. if this remains in the criminal court and she gets convicted she faces life in prison. if this gets kicked back to the juvenile court where i think it belongs the focus will be rehabilitation and she will probably be out in a few years, but that is why it is critical also for the defense to focus on the fact is she not lonely little 14-year-old girl but she suffers from mental illness. she has a long history of meant hal illness. she is schizophrenic. she has diagnosed with add and anxiety disorder. she belongs in juvenile facility to rehabilitate her and productive member of society, not in prison with grown adults. jon: phil, those things may be the case but there are a lot of kids, a lot of 14-year-olds with add who don't conspire to have their father slashed to death. >> a little 14-year-old girl? this is not the in the girl you're making her out to be. she was very calculated and very precise. in fact she wanted her dad to be killed or stabbed 10 times and girlfriend to be stabbed 15 types. she knew exactly what she was doing. to hide behind the defense she has adhd and depressed not good enough excuse in this case, based on these facts and seriousness of the charge. an adult sentence is appropriate. jon: evidence suggested that she approved the knife that her boyfriend was going to bring over to the house. she told him she would leave the door unlocked for him. she wanted him to let her know when he was close to the house. i mean, you can't get much more involved in an actual killing than that. >> well, the issue here we have juvenile courts for a reason, jon. it is established in the medical community a child's brain isn't fully developed, particularly the part of the brain that can distinguish between right and wrong or can control impulses. so that is why we have a juvenile system because the issue is, can these kids be rehabilitated? of course this was a gruesome crime but if she didn't have the mental capacity to formulate the intent, to know what she was doing, wouldn't it be better for her to go at this young age, get dream, get medication for her illnesses to come back into society? >> there is no proof she didn't have the mental capacity in this case. that is why maryland specifically carved out an exception for murder. that punishable by life in prison or debt, if you're over the age of 14, that you qualify and if any individual over age of 14 would qualify for enhanced penalty to go to adult occur, this individual based on this heinous act. >> that is rebuttable presumption, right? jon: what. >> that is rebuttable presumption. >> that is. that is why there is a transfer hearing. >> that is exactly why the defense will have to make these arguments for they don't want to get convicted in criminal court. she faces life in prison here. that is why this hearing is absolutely crucial. jon: what about the boyfriend though? i was a teenage boy once and i know when a teenage firm asks you to do something, that is all you want to do is make them happy. this kid was 16 years old. had mental problems of his own. he is doing 30 years. why should she not be subjected to same kind of treatment. >> that is definitely what the prosecution is going to argue in this case. and obviously, look i'm not defending the crime here. all i'm saying that the issue is, should this child be treated as an adult. i'm not saying she shouldn't be punished. not shouldn't go through the criminal court system but my position she really belongs in juvenile court, not criminal court where she is in jail with bunch of other convicted felons. how will that benefit society in any way. jon: the reverse could be asked. how is it benefiting society, a 16-year-old serving 30 years for this crime? >> you're making blanket statement under age 18 should be tried as juveniles. why cough r carve out exception for like they did in maryland charged with this type of crime. i'm sure the doctors come in at end. day, when you look at seriousness of the crime and is she a danger to this community. the answer in those cases is emphatic yes. i think the court will try her as an adult. jon: we'll have to leave it there. >> don't forget -- jon: i'm sorry, running out of tile. good discussion. we'll let our viewers know what happens in this case. thank you both. >> thank you. >> thank you. uma: brand new stories we're working to bring you in the next hour of "happening now." cia director john brennan taking a lot of heat on capitol hill as two democratic senators now say he should resign. we'll tell you why. groundbreaking research on fitness. why staying in shape could take a lot less time than you think. stay with us. something to share? 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