>> bret: not sure the message there. thanks for inviting us into your home tonight. that is it for "special report." fair, balanced and unafraid. >> shepard: this is the fox report. tonight, a man arrested for bringing a gun to the movie. the suspect says he did it for his own protection plus, a man accused in the arizona supermarket shooting goes before a judge and pleads guilty. >> there are multiple victims. we need a lot more units here. >> shepard: he is accused of murdering six people and wounding 13 others, including congresswoman gabriel giffords. and hours ago jared lee loughner stood before a judge to enter his plea.

enormous fire in one of the largest oil refiners in the nation. >> i thought we got bombed. >> shepard: the flames sending choking black smoke other several cities. investigators say a man left behind his belongings to try to fake his own drowning death. >> the man who got fired got desperate, perhaps. >> and today, his son was in court accused of helping dad commit fraud. but first from fox this tuesday night. the tucson supermarket shooter pleaded guilty today. jared loughner killed six people in that attack and wounded a dozen others including gabriel giffords. the plea part of a deal with prosecutors. it means he will not die for his crimes. but will never again be a free man. >> pursuant to the plea agreement entered today, mr. loughner will spend the remainder of his natural life in prison with no possibility of parole.

suffered from schizophrenia and they have been treating him for more than a year now. officers determined is he better now mentally competent that judge also asked loughner specifically about each person he shot and whether he intended to do it. over and over again jared lee loughner answered yes. the top federal judge in arizona john role. and a 9-year-old christina taylor green. today the family friend who brought her to the event where the shooting happened says she is happy with the deal while noting it does not bring back little christina. >> there is never closure because christina is never going to ring my doorbell again. the wound is always open. there is a hole in the world. and that doesn't -- judicial proceedings don't do anything. >> shepard: congresswoman giffords was loughner's first targeting on that january day.

according to a psychologist today stunned to learn that she survived. she said loughner responded that no one could have survived a shot to the led like that. and then he called himself a failure. gabriel giffords husband, the astronaut, mark kelly released a statement in response to the plea deal that reads, in part: we don't speak for all the victims or their families, but gaby and i have satisfied with the plea agreement. the pain and loss caused by the events of january 8th, 2011 are incalculable. avoiding a trial will allow us and we hope the whole southern arizona community to continue our recovery and move forward with our lives. alicia acuna with the news live outside the courthouse in tucson. other survivors today said that they believe justice is served here alicia. >> that's what they said, shep. they also expressed a bit of relief to move on with their lives. there were some tears in the courtroom today as the judge reads the charges and the names of the deceased.

but, in the end, gratitude. >> it is important to me that this individual never again is in a position in which he can cause harm to anyone else. the judge will officially sentence loughner in november, shep. >> shepard: some had expressed concern, alicia about how loughner might act in court today. how did he act? >> according to producer been to every hearing. loughner was noticeably more alert. even the judge commented on how loughner is a different person than in the past and said he noticed he was tracking meaning loughner was following the activity. our producer also says when loughner was pleading guilty to the numerous charges, he sounded very monotone. at the end of court, his parents were seen sitting the courthouse in. tucson. now the movie theater massacre in aurora, colorado.

we're learning just weeks before that shooting happened, the psychiatrist who treated the suspect, james holmes, contacted the cops at the university of colorado. the details are still unclear to us tonight. but sources tell a local station in denver, that the psychiatrist requested a background check on james holmes. last week, sources told abc and "the denver post" newspaper that the psychiatrist also warned the university of colorado's threat assessment team. those officials reportedly did nothing. ultimately dropping their investigation when james holmes quit the ph.d. program. less than two months later police say he opened fire during a midnight screening of the new batman movie kill 12 and injured dozens more. the chief fox report correspondent jonathan hunt has more on this story. jonathan, the psychiatrist must have thought this was serious if she took it to police. >> yeah, any doctor will tell you, shep, that they take doctor/patient confidentiality very seriously indeed. and it would be a marriage

concern that whatever prompt them to break what is a legal contract. equally in certain circumstances they have a legal duty to do so. a psychiatrist dr. keith ablow, a member of the medical a team told us today, quote: a psychiatrist can and should breech confidentiality whenever he or she believes there is a substantial risk for violence and when the patient cannot credibly convince the clinician that that risk is not present. in other words, the risk is imminent. we do not know exactly what dr. lynn fenton told the cops in colorado but one assumes that she must have believed, to break that legal contract, there was an imminent risk. the question then becomes why did police not act, shep. >> shepard: privacy. and another privacy issue here today in new york city, jonathan, as there was a threat against a broadway theater. >> yeah. this is a privacy issue between the nypd and the social media outlet twitter.

threats were made against the theater where mike tyson show is playing on twitter. they read in part, this blank ain't no joke, yo. i'm serious. people are going to die like aurora. gosh, i'm still making this hit list. damn, i want to kill a lot of people. i had last-minute plans and i'm in florida right now but it will happen, i promise. i'm just finishing up my hit list. the nypd asked exiter to reveal the identity of that person, they initially refused. and if you ask any two lawyers as i did today about this, you will find out it's a legal gray area. listen. >> it's an anonymous person, we don't have a true identity and in this world of internet what level of privacy do you have? and that's why people are on twitter. >> if someone is making a threat like that, overt threat saying i'm going to go out and kill a bunch of people in the theater, you have got to be able to follow that.

>> the nypd issued a subpoena to get information from twitter and in the last hour or so, shep, they have confirmed that twitter has given them some information. they will not say exactly that what that is, shep. >> shepard: police in ohio say a man caught with a gun and knives at a screening of the new batman movie was just carrying them for protection. happened over the weekend at a theater in westlake, west of cleveland. investigators there say a security guard and off duty cop stopped a man and searched his bag. they say he had a loaded 9-millimeter handgun. extra ammunition and four knives. he is behind bars now and police say he faces weapons charges. his attorney says the suspect did not mean to cause any harm. the feds announce changes at commercial airports after a close call involving three passenger plane. federal aviation officials say they will suspend the common procedure of reversing direction for takeoffs and

landings, that's the operation investigators blame for a near miss last week at reagan international airport in d.c. they say air traffic controllers directed planes to come in from the on sis direction to avoid the bad weather but that a miscommunication let three u.s. airways planes get dangerously close to each other. at a news conference last week investigators played a radio recording to explain exactly what happened. >> are you with me. >> yeah, with you on the river. >> 3329 turn south heading 180. >> the controller has just turned 2339 to turn south. you see something developing there. >> and a disaster was diverted when one plane swerved to get out of the way. federal safety regulators are looking to hammer american airlines with the largest fine they have ever imposed. this came out in documents and the airline's bankruptcy case. the f.a.a. is going after americans for more than $156 million for alleged problems with aircraft maintenance.

that fine would be six times the previous record, which was also against american airlines. among other things, the feds accuse the airline and its subsidiaries like american eagle of failing to fix wiring on its planes. investigators say american allowed more than 100 boeing 757's to continue carrying passengers before inspecting or repairing them. and american airlines spokeman says the company never operated unsafe planes. firefighters in california finally managed to put out the flames at a huge oil refinery. but a lot of people say the smoke that choked out their communities made them sick. and that is far from the only problem this fire is causing. now the analysts say it could also send gas prices way up. that's tonight from the journalists of fox news on this tuesday fox report. do you want a princess dress? yes

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when they taste the food that you cooked, it do something to your heart. i think what people like most about the grilled food is the taste. the flavor comes from that oak wood. the shrimp, the fresh fish, the steaks. locks in the flavor, it seals in the juices so that when you put the fork in it, it just goes through it like butter. it's beautiful. [ laughs ] i'm proud to be a grill master. i love food. my name is charles himple. i'm a red lobster grill master and i sea food differently.

jonathan horton climbed all the way to the ceiling... in the middle of a department store. some parents might have scolded him. ♪ jonathan's parents gave him... gymnastics lessons. ♪ it's amazing how far you can go with a little help along the way. ♪ td ameritrade. proud sponsor of the 2012 u.s. olympic team. >> shepard: a big fire at one of the country's largest oil refineries shot giant clouds

of thick smoke into the air not far from san francisco. it sent hundreds of people to hospitals with breathing problems. and fuel experts predict it could push up gas prices on the west coast by as much as 30 cents a gallon. it started last night when some reported they heard loud blasts. one man thought it was a bomb. flames appeared and smoke poured into the sky for hours on end. officials at that chevron refinery confirm the fire broke out in its crude unit after a diesel leak ignited. they say crews contained the fire in about five hours. folks report they could see the smoke from files away. keep in mind that refinery is in richmond, california. it's just across the bay from san francisco. population more than 800,000. doctors at one nearby hospital near that refinery say the fire broke out and they have treated as many as 300 patients complaining of breathing trouble. trace gallagher is in our west coast newsroom this afternoon.

trace, i know they tested the air there. do we know results from that test? >> not yet, shep. they are supposed to get those results back sometime this hour. then they have analyze them so it could be a couple of hours before we know. still, people are showing up to local hospitals complaining of breathing problems. so this information clearly is key. now, the hazmat teams went out and got air samples from neighborhoods as far as away as oakland which is about 10 miles from richmond, when the fire first happened, people in the local vicinity were told to stay inside their homes, no heat, no air conditioner, no fans for about five and a half hours. keep in mind there is still a small fire burning at the refinery. but, chevron says that's on purpose. listen. >> there is a controlled burn that is a safety relief device similar to a flare to make sure no other hydrocarbons ignited. that has not changed. we cannot speculate how long that is going to take. >> chevron is holding a public

meeting in richmond tonight to answer questions for residents there and to let them air their concerns as well, shep. >> shepard: now the concerns about gas prices. trace, up 8%, 9%, 10%? >> yeah, it's going to be a lot. the damage hasn't even been fully assessed at the richmond refinery. there are some markets in california reportedly that have raised their prices 35 cents a gallon already. take a look at these numbers here. 15% of the entire region's gas comes from that refinery in richmond. it's also a special blend which is more expensive. today, the average price for a gallon of gas in california, $3.86 a gallon. by tomorrow all over the state, the experts say it will be above maybe well above $4 a gallon. washington, oregon, arizona, nevada will likely see their prices rise in coming days as well. and if this refinery stays off line for an extended period, prices could go up significantly higher. >> trace gallagher in los

angeles, trace, thank you. a judge has now set bail for a man helping his father pretend to be dead. police say the man reported his father missing on a beach in long island in new york last month. the father's wallet and shoes and clothes all left in a pile on the beach. rescuers launched a search that they say cost tens of thousands of dollars. last week, a cop pulled over the missing man on a highway in south carolina. the officer let him go. we don't know whether the father -- where the father is now. and today a judge ordered the son held on $10,000 bond. he faces charges including conspiracy to commit insurance fraud. well, did you hear president obama's latest attack on governor romney? well, the governor apparently heard it. and he is giving us his come back. we're live on the campaign trail. and would you look at this. we'll explain what happened to the crew of this chopper and what investigators say may have gone wrong. that's ahead as fox reports

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>> shepard: a battle of one liners in a fight for the white house. governor mitt romney sat down with fox news today and responded to president obama's latest attack. the president referring to a study that showed governor romney's tax plan would cost middle american families an average of $2,000 each. here is how he put it at a fundraiser last night. >> he had asked the middle class give another $250,000 tax cut to people making more than $300,000 a year. it's like robin hood in reverse. [ laughter ] it's romney hood. [ laughter ]

>> shepard: governor romney is delivering a response and a new term of his observe today. campaign carl cameron is in chicago. sat down with the governor, what did he say, carl. >> in governor romney's -- mr. romney wasted no time attack for attack and slogan for slogan. this was romney's attempt to governor after obama's version of romney hood, watch. >> we have been watching the president say a lot of things about me and my policies and they are just not right. and if i were to coin a term it would be obama loney. he is serving up a dish which is simply in contradiction of the truth and t relates to everything from how i'm going to help the middle class to tax policy. is he just simply saying things that are not accurate. >> >> shades of newt gingrich who accuse mitt romney once of

pias bologna, we now have slogan for slogan with less than 13 weeks before the election day, shep. r ithepard: carl, the today for welfare as well. >> that's right. mr. romney is attacking president president obama for executive action taken in july in which the health and human services department suggested that t it was possible that there might be a waiver of work requirements in the 1996 clinton welfare reform, welfare to work law. this is a little bit of mr. romney now talking about what he says is president obama's attempt to gut that program. >> i hope you understand that president obama just the last few days has tried to reverse that accomplishment by taking the work requirement out of welfare. that is wrong, if i am wrong. if i am president i will put back in welfare. >> he trying to appeal to moderate to swing voters who

like welfare to work program. president obama through white house spokesman jay carney went after romney for not only those remarks but ad that romney is running on the subject. watch. >> from a policy standpoint, let me say that this advertisement is categorically false and blatantly dishonest. this administration's policy will strengthen the program by giving states the opportunity to employ more atechive ways to help people get off welfare and into a job. >> democrats accuse romney of hypocrisy because in 2005 he signed on to a letter with republic governors urging congress to loosen some of the restrictions and let states run their welfare programs more effectively. romney says he never once was suggesting they eliminate the work requirement, shep. >> shepard: carl, i'm told governor romney's wife ann olympic horse may have something to do with the running mate announcement. >> we haven't gotten the who but win.

mrs. romney's horse did not qualify for the medal round. the horse's involvement is over in the united kingdom. she will now come home and get together with her husband the presumptive nominee on friday. we're giving to believe that an announcement on the running mate will happen after this coming weekend after the closing ceremony of the olympics when mr. romney can have the national stage and won't have to share it athletes. shep? >> shepard: carl cammeron. two small planes got close to president obama's fundraiser last night. the military reports f-15 fighter jets accepted those planes when they flew into restricted airspace in the president's event in connect couldn't researchers tell us this is at least the seventh time this year that fighter jets have intercepted planes during presidential visits. newly released recordings capture the chaos when a man opened fire on innocent worshipers at a temple and word that suspect's ex-girlfriend is now facing charges after investigators turned up something at her apartment. plus, the woman in this video

may look like a nurse. but cops say she was a kidnapper on a mission. we'll tell you what happened. and, later, wild weather giving many folks something they have never been expecting. as we approach the bottom of the hour and the top of the news on fox report. people with a machine. what ? customers didn't like it.

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i've been fortunate to win on golf's biggest stages. but when joint pain and stiffness from psoriatic arthritis hit, even the smallest things became difficult. i finally understood what serious joint pain is like. i talked to my rheumatologist and he prescribed enbrel. enbrel can help relieve pain, stiffness, and stop joint damage. because enbrel, etanercept, suppresses your immune system, it may lower your ability to fight infections. serious, sometimes fatal events including infections, tuberculosis,

lymphoma, other cancers, and nervous system and blood disorders have occurred. before starting enbrel, your doctor should test you for tuberculosis and discuss whether you've been to a region where certain fungal infections are common. don't start enbrel if you have an infection like the flu. tell your doctor if you're prone to infections, have cuts or sores, have had hepatitis b, have been treated for heart failure, or if, whilen enbrel, you experice persistent fever, bruising, bleeding, or paleness. [ phil ] get back to the things that matter most. ask your rheumatologist if enbrel is right for you. [ doctor ] enbrel, the number one biolog medicine prescribed by rheumatologists. >> shepard: helicopter went down in the middle of a farmer's field in texas. it happened in ellis county south of dallas. reports are the crew was taking part in some sort of

training flight when the chopper crashed. two people on board. told both are okay. federal investigators reportedly looking into whether a problem with the tail reporter caused that crash. i'm shepard smith. this is the fox report. it's bottom of the hour. time for the top of the news. and we're hearing the dramatic radio transmission from police. minutes after a man opened fire at a sikh temple in wisconsin. >> i'm taking report of an altercation sikh temple. there is is a lot of noise. unable to get much info. >> man with a gun in the parking lot. white t-shirt. [sirens] >> one shooter, unknown if he is still out here. >> shepard: we're also learning details about the suspect police say shot and killed six people and critically wounded three others. including a police officer. that was before they say another cop shot him dead. here is a picture of the suspect. his name wade michael page. a private intelligence firm reports he identified himself

as a member of a skin head group based in texas and he he apparently posted hundreds of messages on internet forums urging white supremacists to stand and fight. we're told one post read, stop hiding behind a computer or making exus could says. rick leventhal live for us in oak creek, wisconsin with the top story at the bottom of the hour. this suspect's ex-girlfriend is facing charges now. >> yeah, apparently, shepard. one of our producers actually spoke with that ex-girlfriend misty cook. she didn't want to speak on camera and asked our crew to stop recording. they got a quick shot and you can probably see her on the right side of the screen. called the shooting a tragedy. shouldn't try to sensationalize it she was arrested later today for allegedly having a gun inside her apartment where the fbi spoke with her for at least three hours. the story on foxnews.com two departments in the milwaukee area is not connection with the shooting.

apartment. not allowed to possess a weapon. she is also tied to a racist neo nazi organization. >> the last few months, okay, i would see him coming and going. he wouldn't even acknowledge, you know, somebody if you even waved to him or said hi. and misty, she really doesn't, you know, acknowledge nobody either. >> and neighbors say the longer that cook lived with page, the more withdrawn and quiet she became, shepard. >> shepard: what else have we learned about this suspect, rick? >> well, neighbors are saying that in recent weeks, wade michael page lived alone with almost no furniture. he had almost all his possessions in two black plastic trash bags. he reportedly lost jobs for drinking and discipline issues. including leaving an application for the kkk on his desk. known for calling nonwhites dirt people. and we have learned that the

discharged army vet bought his 9-millimeter semiautomatic handgun legally within 10 days of the shooting. two of the three surviving victims are still in the hospital that includes the oak creek police lieutenant brian fur if i who is in critical condition shot or 8 or 9 times in the neck and extremities. he was wearing ballistic vest and that may have helped save his life. >> rick leventhal live on scene for us, thanks. police in southern california now say they have arrested a woman who tried to kidnap a newborn girl by hiding that child in a tote bag. investigators say surveillance video shows the woman wearing scrubs. walking into a hospital in garden grove south and east of l.a. posed as a nurse and distracted the newborn's mother. >> she walked into the room, told the mother that the doctor was on her way in to see her. wanted to take a shower or something to that effect. the mother got up, went into the shower and when that happened, she took the newborn and put her inside theote bag. >> what she didn't know was

that baby was wearing a special sensor that tripped an alarm as the kidnapper tried to leave the building. police say a hospital staff grabbed the woman and the baby is perfectly safe now. investigator say they don't yet know why the alleged -- why she allegedly tried to kidnap that little girl. the nation's largest for-profit hospital group is now under investigation in the state of florida. u.s. attorneys are looking into weather doctors at some hospitals in the state performed risky and unnecessary surepgs in an effort to drive up profits. stuff. it only reportedly came to light after a nurse blue the whistle. that hospital group is hca healthcare and the "new york times" recently obtained an internal memo in which the company memo appears to confirm the nurse's story. the allegations related to the unnecessary procedures lab are substantiated. the nurse claims he lost his

job in retaliation for coming forward. hca denies that profits motivated any decisions related to these accusations. two gunmen wearing afghan army uniforms today turned their weapons on nato troops killed an american service member and injured two others. this is but the latest in what appears to be a growing number of green on blue attacks. according to the associated press, 20 such attacks killed two dozen troops this year. that's compared to 20 deaths in all of last year. u.s. military officials say the attacks undermine trust between coalition fighters and afghan troops as international combat units continue their withdrawal from afghanistan. syria's embattled president bashar assad has reportedly made his first public appearance in more than two weeks. he called on rebel terrorists and vowed to crush them it. it comes one day after a major political blow when his prime

minister defected in support of the opposition. syrian state run television shows the president meeting with a top iranian official who declared his nation's support and pledged to prevent any break in what he called the axis of resistance. analysts say that's a reference to anti-western nation and militant groups in that region. iranian official also called for immediate i can't tell cease-fire. less than 10 miles where he spoke more fighting. this is amateur video from anti-assad group. other images appear to show the streets of syrians biggest city covered in rubble and still very much under siege. though fox news cannot confirm. human rights group estimate 20,000 people have died since uprising began some 17 months ago. hey, shep, rebels marking week

three of them being able to withstand that intense pounding they have been taking from regime forces. they managed to capture heavy guns and they have been turning on helicopter you will see the sways to the south that they have managed to overrun and actually control for all that time. and today they made fresh ground into the northwest. the rebels really want to make aleppo the general headquarters. take over the north of the country and use that as a position on which to march eventually on to damascus. meanwhile today, shep, it's time to prepare for a post assad system. >> i do think we can begin talking about and planning for what happens next the day after the regime does fall. i'm not going to put a time line on it i can't possibly predict it. but i know it's going to

happen shep, one thing she warned about and that was the risk of sectarian warfare after the regime is over. she said to the syrians in particular that international community, quote, would not be tolerable. back to you, shep. >> shepard: thanks. official toast officials south africa and then she hit the dance floor. this was but one stop on secretary clinton's trip to the african continent. hours earlier she witnessed. this the first snow fall to blanket south africa's capital city in more than four decades. here she reacted to the flurries with the nation's foreign minister just south of there, folks hit the street to get a look trying to catch the flakes with their tongues. it is winter there of course. the south south african weather

center reports t has snowed only 22 other days in johannesburg over the last 103 years. american employers recently posted the most job openings since the early stages of the recession. but scoring one of those jobs is quite another story. the numbers plus context and perspective coming up. and some of the most powerful organizations in all of sports in america joining forces against the state of new jersey. should jersey allow sports betting?

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>> shepard: job openings hit a four-year high in june according to the feds. employers posted 3.8 million positions. a jump of 100,000 since may. but the analysts are pointing out there are 3 unemployed americans competing for each of those jobs. the government also reports layoffs dropped in june. so sounds pretty good.

gerri willis with us from the fox business network. what's the sense about how optimistic everybody should be about these numbers? >> don't get too excited here. the numbers are up 16% year after year. take long view here. if you look at the period since the recession ended. the number' of job openings -- people have these jobs are not so optimistic they are holding back. >> there was talk a while back that the fed might do some sort of stimulus to make things better. it decided not to. and now one of the regional fed heads the one in boston has said come on, boston do something. >> yeah. he is saying that there should be a third stimulus here. he wants to see the fed pump up the economy. is he one of the few saying that right now. he is not a a voting member of the fed. however, he does carry weight with at love people on with the chairman. maybe something will happen. i know wall street wants it. >> you know it does. thanks so much. some of america's biggest

professional and college sports organizations are teaming up to sue the state of new jersey. the nfl, the nba, the nhl, major league baseball and the ncaa getting together to try to block new jersey from allowing sports betting. they argue it would violate a federal band on college and pro-sports gambling which applies to all but four states. new jersey is not one of the exceptions. earlier this year governor chris christie of new jersey signed a bill to allow such betting at racetracks in atlantic city's struggling casinos. the governor predicted there will be a fight. >> we intend to go forward -- if someone wants to stop us, then they have to take action to try to stop us. am i expecting there may be some legal action taken against us to try to prevent it? yes. that will be their burden to try to prevent t. >> some supporters say sports betting would help new jersey's economy and gambling industry neighboring states pennsylvania and delaware. lawyers for the leagues and

the ncaa it would quote irrepresent prabbably harm amateur and sports fosters suspicion that individual plays and final scores of games may have been influenced by factors other than honest athletic competition. facebook yufers across the pond can now use the social network to gamble with real money. a spokeswoman today confirmed space book has partnered with a company to let users in the united kingdom play online bingo game for cash. first time facebook has allowed gambling on its service. reportedly has no plans to offer remoney games to any other countries. some have gone missing from the athlete's village in east london. not long after their elimination from the games. there is word now they may be seeking asylum in britain. officials with team -- say five box boxers a a swimmer and soccer player all left official residents over the weekend andner came back. according to one report the

athletes had hinted that me might try to stay in the u.k. this would not be a first. sudan's embassy confirmed three olympians went missing before the opening ceremony. one applied for asylum. the others were expected to do so. there is a taxpayer funded program that provides free lunches for kids from low income families across the country. but t turns out t may be feeding more than just those in need. we'll report so you can decide, next. but, first the death of a stage and screen legend marvin lamb issue will, hamlisch the composer behind dozens of broadway hits. if you don't recognize his name you have certainly heard his music. ♪ back in 1975 he composed chorus line. it later became a movie he also wrote the scores of more

than 40 films. sophie's choice and ordinary people and comedies including bananas and three men and a baby. he was born here in new york city and was the youngest student ever at the prestigious july art july arrested school of music. julie arrested four gram mys, four emmys and a tony, three golden globes and a pulitzer. short illness, he was 68 years old.

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>> in free lunch, right? actually there is. nationally funded program for kids under 18 on the backs of the u.s. taxpayers. organizers say it's really to help struggling families during the summer months but

the critics are pointing out there is actually no income requirement for these kids. in other words, any child can show up for a free meal. claudia cowan live in our san francisco newsroom. is there evidence now that people are exploiting this program? >> shepard, that's a tough question. this encourages all children to come down and get a free lunch, no paperwork necessary. at one site near sacramento many of the families we saw were clearly struggling but not all. >> normally we wouldn't qualify for a free lunch. but we're close and it's convenient and my kids like it that's important. >> we don't have to ask your income because the overall purpose of the program is to provide a healthy mill to children. -- meal to children. >> the department of agriculture has funded this summer lunch program for years. each summer feeding about 3 million kids in low income areas at a talks to taxpayers

at $350 million. shepard? >> what are the concerns from the critics? >> taxpayer groups argue that while no one wants a child of course to go hungry, any government welfare program should have strict rules in place to stop free loaders. one leading expert says most americans are more than happy to help children truly in need. >> if someone is coming from a family that makes a quarter million dollars a year and they are not checking eligibility coming in the door, i think most people would wonder, you know, am i paying for this? >> critics say kids who eat on the taxpayer dime should have to show that they really need to just like they have to during the regular school year. >> claudia cowan in san francisco this afternoon. nasa reports its curiosity rover has sent back the first color photo showing the surface of mars. rover snapped this picture of the gayle crater as they have named t at an angle. nasa scientists say it's grainy because of dust on the cam wraps cover.

scientists say the rest looks like this. landed early yesterday morning. the mission says rover will show us a new mars we have never seen before. take a little while before rover actually starts to rove. nasa reports it will take a couple of weeks to check out all the systems on the rover before its safe to start exploring. a volcano erupted for the first time in more than a century on new zealand's northern island. the crater started spewing rocks and steam last night but not spray any hot lava. ash blanketed. the eruption reportedly ripped out each about 3,000 feet wide. environmental eruption flight delays and cancellations but no word of any injuries or serious damage. a fox extreme weather center now. and earn necessary stow is now

a hurricane. it strengthened earlier today in the caribbean. at last report the category one storm packed maximum sustained winds at 80 miles per hour. national hurricane center reports earn necessary stow is headed west towards mexico and should make landfall just south of cancun later tonight. warnings in effect for coastal cities in eastern mexico and entire coast of belize. earlier today. officials set up shelters united states according to authorities. some folks who love a late night mcdonald's meal will soon be able to grab a mcmuffin instead of a big mac after the clock strikes 12. overnight breakfasts? we'll tell you where you can get a midnight mcmuffin and maybe some hash browns. that's coming up. [ "the odd couple" theme playing ]

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sun is coming up to score egg mcmuffin. rolling out breakfast after midnight at. of its restaurants in ohio. that means many of the items will ready after the clock strikes 12. the ten breakfast hours could soon expand to boston and denver. don't worry though, we are told a regulate night menu of big macs and quarter patti ann browne ders -- pounders isn't going to change at all. upheld a decision that ruled college cheerleading does not qualify as a title 9 sport. requiring schools to provide equal opportunities to men and women. number four, the s&p 500 today above 1400 for the first time three months on positive news out of europe. number three, experts say a fire at one of the nation's largest oil refineries in the california will likely push gas prices up 10% to 12% above $4 a gallon on the west coast.

number two, the psychiatrist who treated the movie massacre suspect james holmes reportedly told police at the university of colorado that she had concerns about his behavior weeks before the shooting. and number one tonight. jared lee loughner today pleaded guilty to the tucson shooting spree that killed six people and hurt more than a dozen others. including the then congresswoman gabriel giffords. and that's "the fox report's" top five. on this day in 1782, general george washington created the badge for military merit. later renamed the purple heart it began during the height ofe . general washington had been looking for a way to honor troops who had performed above the call of duty. the result? a purple heart-shaped piece of sick with the word merit stitched in silver. but during the war, only three soldiers received it. it it was largely forgotten until 1927. then in 1932, the war department reinstated the purple heart for those wounded in combat.