east coast, 8:00 in los angeles and this is america s late news, fox news at night. breaking tonight, a middle school student running for commissioner of school spirit and patriotism was apparently told his speech could not have any reference to patriotism. we will have reaction. california lawmakers think the answer to skyrocketing retail theft is to put an employee at each self check out machine. kind of defeats the purpose. and a former new jersey gym owner arrested for staying open during covid just won a huge legal battle. but we begin with donald trump s fate now being in the hands of 12 anonymous new yorkers and after deliberating five hours and sending two cryptic notes, the jury was excused back the courtroom confused. nate foy is live outside the courthouse in new york with more on this. good evening. reporter: good evening trace. you mention the jury deliberated nearly five hours today and at the end of court they sent two notes. one has to do with revisiting tes
Public interest in sending that information out. reporter: one of the nine directors says the agency is concealing the real reason for keeping tapes in the dark. i uncovered a memo that indicated he wanted me to withhold releasing video for fear of creating racial stereotyping. reporter: the internal memo says releasing tapes of the crime was, quote, unfairly affect and characterize writers of color with a sweeping generalization and a high level of racially insensitive commentary. the robbery rate has risen 41% over the last year. a decision whether to release crime video is expected next month. heather: doesn t make sense to me. it would assisting in making an arrest. rob: in san francisco it doesn t surprise me. heather: major win to tell you about on the right to defend.