Skip to main content

tv   Shepard Smith Reporting  FOX News  September 12, 2019 12:00pm-1:00pm PDT

12:00 pm
he is bulldozing his way running for a 78-yard touchdown, plowing through ten tackles and even taking a few defenders with him. the improbable touchdown helped the golden eagles won 15-0, and that's all the sports you're going to get today for me. thanks for joining us. >> shepard: it is noon on the west coast, 3:00 in the east where one state could become the first to ban all e-cigarettes. that is another state deals with a major black-market bust. tens of thousands of 8 pods stopped before they hit the street, and cops say the takedown began when parents rented out their teenage son. also the jury now has a case of a former cheerleader accused of killing her newborn baby. she says she didn't do it, and the defense claims she's a victim too. first, democratic lawmakers taking their most significant step yet toward the possible
12:01 pm
impeachment of president trump. the house judiciary committee proving ground rules for impeachment hearings which chairman jerry nadler says are set to start next week. to be clear, this is a technical step. chairman nadler says the hearings will help lawmakers decide whether to recommend articles of impeachment for conduct he calls a threat to our democracy. >> with these new procedures, we will begin next week an aggressive series of hearings investigating allegations of corruption, obstruction, and abuse of power against the president. the investigation will go well beyond the four corners of the mueller report. >> shepard: republicans on the committee called today's vote charade. they point out the entire house has to vote to begin impeachment inquiry into the president. >> the judiciary committee has become a giant instagram filter to make it appear something is happening is not.
12:02 pm
>> shepard: the resolution let's president trump and his legal team respond to committee proceedings in real time. i let chairman nadler decide which hearings are part of the investigation which some democrats say could speed up the process. it allows staff attorneys to directly question witnesses in those hearings. chairman nadler calling this a necessary step in the months long investigation into president trump. chad pergram is with us. he's our senior producer for capitol hill. what does this mean? >> it sets the parameters of the investigation. impeachment is a radioactive word, something democrats are struggling with want to come to the vocabulary. house speaker nancy pelosi was tired of getting peppered with questions about the semantics of impeachment earlier today, and she shut down impeachment questions at her press conference this morning. >> a follow-up, are you uncomfortable with the term impeachment inquiry? is there another term we should be using?
12:03 pm
>> thank you all very much. why is it that you are hung up on a word over here when lives are at stake over there. thank you all very much. >> it's an issue democrats are struggling with. nancy pelosi trying to pivot the conversation back to guns and the environment and other issues the democrats are working on. you could see a risk for democrats here, especially liberals, if they view with the democrats on the judiciary committee are doing as a panacea. imagine a scenario where they never get to impeachment and those liberals think they been thrown under the bus. >> shepard: the juggling of the semantics here really has most to do, chad, with those democrats who won in sort of trump-ish districts. >> they are afraid about impeachment, the i word. anthony ran d.c. as a freshman democrat from upstate new york. he flipped estate from red to blue last cycle. >> concerned at all about, you represent a swing district,
12:04 pm
democrats, the leadership pushing too much on impeachment? >> i would say as a democrat representing a modern district, the voters back home sent me here to get things done. >> i talked last night with a freshman democrat from southern florida. she is concerned about this. she also flipped a district. here's what she said. "it is sucking all the air out of the good things we're doing. you can see during the markup ascension, tom mcclintock, republican from california said "i double dog dare you to impeach the president." that's the problem for democrats. republicans are trying to portray the democrats as to extreme. they don't have to do too much ground work of democrats pushed too far. >> shepard: chad pergram, thank you. gun laws and whether to change them. the white house now says president trump is possibly open to signing into law legislation to expand background checks for gun sales. it notes he could talk about it
12:05 pm
with republican leaders this night during the g.o.p.'s retreat in baltimore. the development comes as executives from more than 140 companies including big ones like uber and twitter and levi strauss sent a joint letter to congress and it those leaders urged the senate to pass gun safety measures that have already passed in the house. john roberts live at the white house. >> since the el paso, dayton and odessa shootings, the president has said they be there as loopholes and background check legislation. right now the ceos coming here's the letter they sent, they are looking to the senate o take action. a lot of people say the house has been taking action by the senate hasn't been doing anything. this ceo say "we urge the senate to stand with the america public and take a stand on gun safety by passing a bill requiring background checks on all gun sales on a strong red flag law."
12:06 pm
the president to support these red flag laws, as they are called, red flag protection orders. the question is how far is he willing to go on the issue of background checks? the white house is don't expect president to make any public announcements about that today. west virginia senator joe manchin who together with republican pat toomey and democrat chris murphy had put together a measure that would expand background checks, he says he may hear something by days end. >> i'm encouraged. we will find out today. the president knows it's all up to him. i think you'll make the final decision how he will be involved, how much he wants to be involved in what type of piece of legislation he would sign on. >> president trump is under pressure from the national rifle association not to give anything away but manchin has been counseling the president tell him there's things he can do. >> i said mr. president , there
12:07 pm
are strong gun groups who oppose you doing anything on bump stocks but you did it and it didn't harm you at all. it didn't hurt you at all with your base and this will not either. if anything, i think it would increase his base. it's a presidential moments and i'm hoping he takes advantage of it. >> this is a presidential moment and i hope he takes advantage of it. the president's supporters say they do believe that he will throw his weight behind something that can garner bipartisan support. south carolina senator lindsey graham earlier today. >> i think the president understands the nature of the problem and with his leadership, i think we can get a compromise. our democratic colleagues have been pretty reasonable and if the white house doesn't sound off, it's not going to go anywhere. >> like the ceos, democrats in congress are pointing fingers at senate majority leader mitch mcconnell urging him to bring background check legislation already passed by the house to the floor. listen to what the senate minority leader chuck schumer
12:08 pm
said earlier today. >> after saying that the issue of gun safety would be front and center when congress returns, leader mcconnell has given no indication when the senate might have a debate. instead, he has suggested it's up to inconsistent white house to determine what if any legislation reaches the floor. >> we are not likely to hear anything from the president on this today. it's possible will hear something tomorrow. will he will likely embraces a range of measures. something on closing some loopholes in background checks but the president also wants measures to address mental health issues to make sure people who are mentally ill do not get their hands on weapons. the red flag protection orders. in the issue of making sure that all of the relevant information possible is in the background check database. the president pointing to the dayton shooter, saying if his juvenile record had carried over and not been expunged when he
12:09 pm
turned 18, he likely wouldn't of gotten his hands on the gun that he used to kill so many people in dayton. >> shepard: john roberts live from the white house. thank you. the manhunt for the married couple accused of murder, the ones who escaped while being sent from one person to another, that's over now. how it ended in the heat of the arizona desert coming up. our reporting continues on this thursday afternoon.
12:10 pm
experience the style, craftsmanship, and technology that have made the rx the leading luxury suv of all time. lease the 2019 rx 350 for $399 a month for 36 months. experience amazing at your lexus dealer. you may be at increased risk for pneumococcal pneumonia - a potentially serious bacterial lung disease that can disrupt your life for weeks. in severe cases, pneumococcal pneumonia can put you in the hospital. it can hit quickly, without warning, making you miss out on what matters most.
12:11 pm
just one dose of the prevnar 13® vaccine can help protect you from pneumococcal pneumonia. it's not a yearly shot. prevnar 13® is approved for adults to help prevent infections from 13 strains of the bacteria that cause pneumococcal pneumonia. don't get prevnar 13® if you have had a severe allergic reaction to the vaccine or its ingredients. adults with weakened immune systems may have a lower response to the vaccine. the most common side effects were pain, redness and swelling at the injection site, limited arm movement, fatigue, headache, muscle pain, joint pain, less appetite, vomiting, fever, chills, and rash. ask about prevention. ask your doctor or pharmacist about prevnar 13®. now you can, with! no more lugging your clubs through the airport or risk having your clubs lost or damaged by the airlines. sending your own clubs ahead with makes it fast & easy to get to your golf destination. with just a few clicks or a phone call,
12:12 pm
we'll pick up and deliver your clubs on-time, guaranteed, for as low as $39.99. saves you time and money. make it simple. make it ship sticks. saves you time and money.
12:13 pm
the amount of student loan debt i have i'm embarrassed to even say i felt like i was going to spend my whole adult life paying this off thanks to sofi, i can see the light at the end of the tunnel as of 12pm today, i am debt free ♪ not owing anyone anything is the best feeling in the world, i cannot stop smiling about it ♪ >> shepard: fox urgent. hot air balloon crash near las vegas. some seven people are hurt near good springs which is southwest of las vegas. local media reports that emergency crews headed to airlift one person to a nearby hospital, three others taken by ground ambulance. the faa says it will investigate. a married couple accused of murder captured in the arizona desert after an intense manhunt.
12:14 pm
investigator see these two, blane and susan barksdale overpowered security guards who were taking them in a van from a prison in new york to tucson. agency the suspected killers were hiding out in a home in a remote area 50 miles outside phoenix. deputies apparently had to tase and shoot plain barksdale -- blane barksdale. the couple is accused of killing a man and burning down his house in tucson. the body still is missing. investigators say blane barksdale was affiliated with the brotherhood, a white supremacist prison gang. alecia cuneo reporting, she's live in the rocky mountain newsroom. >> david gonzales says it was an intriguing tip that allowed them to the home where they arrested the couple. one person told authorities out
12:15 pm
of hundreds of calls that they should check out a place 90 minutes northeast of phoenix. federal agents on local law enforcement surrounded the home. this show of force. they were possibly armed with a hundred stolen weapons. in a news conference, they said when confronted, the property owner and mrs. barksdale came out without a problem but mr. barksdale was not as compliant. >> initially responding to commands to keep his hands up and get down but after a couple minutes, he became verbally abusive to the officers, flipping them the bird, not responding to their commands, and then the deputy marshal had to use a taser and what we call a beanbag round in the leg to take him down to affect his arrest. >> police are still searching
12:16 pm
for the body of 72-year-old frank bligh who they say they barksdale's guilt. in addition to murder, they are accused of being involved an explosion and burglary and stealing a vehicle. they are scheduled to make a court appearance later today. >> shepard: we were reporting yesterday about the police accusations that they had help from somebody or some people. do we know anything about that? >> the u.s. marshal says they believe three or four people could have been involved and possibly helping them. that's a part of this ongoing investigation. during the manhunt, federal agents had someone gave these to a truck along the way. take a listen. >> there are individuals that assisted the barksdales from hiding from justice and we will transition to working the investigation with the fbi on however many individuals were involved in hiding them out.
12:17 pm
>> a reminder from the u.s. marshal, it's a federal felony to hide or assist a fugitive. >> shepard: they ran a meth lab? >> yes, that's what they believe. it was part of a drug operation that they were involved in and the suspect was someone who really matched the background of the barksdales. they knew they were headed to arizona and they knew the type of people they were involved with. when they heard this tip, it made sense and that's when they surrounded the place. >> shepard: back to prison, new charges. there is more teenagers and young adults are possibly getting sick because of vaping. and new jersey now could become the first date and all the land to ban all e-cigarette products in the next few years. this as police in wisconsin uncover what they called one of the biggest drug operations in the country. thousands of vape cartridges injected with high levels of
12:18 pm
thc. we will talk with the sheriff who was part of that bust next. the pain and swelling. the psoriasis. cosentyx treats more than just the joint pain of active psoriatic arthritis. it even helps stop further joint damage. don't use if you're allergic to cosentyx. before starting, get checked for tuberculosis. an increased risk of infections and lowered ability to fight them may occur. tell your doctor about an infection or symptoms, if your inflammatory bowel disease symptoms develop or worsen, or if you've had a vaccine or plan to. serious allergic reactions may occur. get real relief, with cosentyx. was in an accident. when i called usaa, it was that voice asking me, "is your daughter ok?" that's where i felt relief. we're the rivera family and we plan to be with usaa for life. see how much you can save with usaa insurance.
12:19 pm
12:20 pm
12:21 pm
see how much you can save because there's always another team looking to punch one in. a spectacular touchdown grab with nfl redzone from nfl network on xfinity, you get every touchdown from every game on sunday afternoons, all season long. watch every breakout star, every heart-pounding running attack, and every big time defensive stop. sundays were made for football on xfinity. that's simple, easy, awesome. add the sports entertainment package for nfl redzone.
12:22 pm
click, call, or visit a store today to learn more. >> shepard: oh officials in more states say they are looking into possible links between lung diseases and vaping. and that the patients are teenagers and young adults. this is happening in washington state, hawaii, and idaho. federal health officials said they are looking into more than 450 cases of possible vaping related sicknesses and death in 36 states so far, half dozen deaths now confirmed in the states marked in red on this ma map. many involving young people who were otherwise healthy. yesterday i asked executive
12:23 pm
director of the weber technology association if e-cigs are helpful. here's that exchange. >> american cancer society says e-cigarette's fall on the risk spectrum much closer to the patch and the gum and lozenge then they due to toxic cigarettes. >> shepard: here's what the american lung association says. "e-cigarette are not safe and can cause irreversible lung damage and lung disease." that's what they say. >> that's what the lung association says. the cancer society said something different. >> shepard: the feds is that people should stop vaping now while they investigate, and president trump has announced yesterday a possible ban on the sale of e-cigs flavored with anything other than tobacco. the american vaping association argues that its products can actually help people quit smoking traditional cigarettes. and that a ban would do more harm than good. mike tobin reporting live with more. >> we've got these cases piling up stretching from hawaii to the u.s. virgin islands of suspected
12:24 pm
lung disease caused by vaping and deaths suspected lee linked to vaping. we have a state representative in florida proposing a bill that goes further than what we heard from the president. the bill that was proposed today would ban the sale of e-cigarettes and baked products to anyone under the age of 21, also ban the flavors. critics say the candy flavors make e-cigarette attractive to kids and get them hooked on nicotine at an early age. as president trump proposes efforts to combat it, he finds an unusual ally in democratic illinois senator dick durbin. >> an important step forward to spare these kids from this addiction. merely announcing it isn't going to solve all the problems we face because of e-cigarettes and vaping. we have to find a way to help these 5 million addicting kids stop their nicotine addictions. >> the new jersey senator says he is pushing legislation that would ultimately ban vaping products in the next few years.
12:25 pm
the problem with the flurry of illnesses is that none of the agencies investigating can point to a specific component causing the illnesses. new york health officials are investigating a vitamin e component used in some vaped devices on the american vaping association wants to dannon on -- blame it on the manufacturers making black-market devices. >> shepard: mike tobin, thank you. parents in wisconsin are helping on -- have helped uncover a black-market vaping operation after they turned their son into police. they apparently thought he was telling thc vapor cartridges to high school students. investigators say after some digging, they arrested two brothers for running what the cops are calling an empire of illegal drugs. police seized about one and a half million dollars worth of drugs inside the home. the stash included, according to police, more than 31,000 vapor
12:26 pm
cartridges filled with thc. that's the compound in marijuana gets you high. police also found almost 100,000 empty cartridges and 57 mason jars like the ones you see here filled with thc oil. worth we are told roughly $6,000 each. the labels on the cartridges read 5 milligrams of thc. kenosha county sheriff david beth says the brothers were actually filling them with 1,00. the sheriff is joining us. it sounds like you fell into something a lot bigger than what you are banking on. >> yeah, this was hiding underneath our nose on this one in waukesha, the parents thank goodness brought their kid to the police station up there and got the ball rolling. we are thankful they did and we were able to uncover this and we have many agencies right now contacting those looking to assist us and see how they can
12:27 pm
tie these cartridges that are being shipped out to the illnesses and deaths throughout the midwest in the country. >> shepard: it sounds like a lot of product for two guys. >> we know there's more involved here, and we are in the process of trying to hunt them down. it's our start. we were amazed they were doing this in an upper-class condo in kenosha county and they lived with their mom and grandfather a couple miles away. they ran the separation for a little over a year and a half and it kept growing and there was enough, a million and a half in product is amazing to me that it was under our noses the whole time. >> shepard: it's illustrative of the problems of the black market and they were labeled 5 milligrams of thc and instead there was a heck of a lot more than that, according to your reports. >> well, that's exactly -- we sent the mason jars that you saw, we sent them to the lab to
12:28 pm
get exactly the contents. our suspects believe it's thc oil, it's pure. if that's the case, it's 150 times more potent than what the label says it is. it is labeled as candy. the average parent that would see this label, this product in their kid's bedroom, it almost looks like it's a candy product. sour patch or cherry flavored. it has nothing to do with the fact that it's filled with drugs. >> shepard: sheriff beth, what's the best advice you could give your parents to think my kids are fine. they wouldn't be involved in anything like this. what do you look for? >> we had a grade school last year that we had anywhere from ten to 13-year-old kids that were all starting to take this up and parents were saying it's just cherry flavored water. it's not a big deal. right now, all of this is coming out of its forward and as a parent myself of two high school students, if i ever saw my kids,
12:29 pm
these packages with them more than friends or vaping at all, i would say don't do this. it is something that's going to hurt you. just to our south, there is a story of an 18-year-old boy who has been vaping for a year and a half and they said his lungs are those of a 70-year-old. it is something that it's extremely dangerous and extremely scary especially to our youth. >> shepard: sheriff david beth, kenosha. good to see you. israel is respond to report that it was spying here in the united states on the united states right near the white house. and we are waiting for a verdict in the case of a former cheerleader accused of killing her own newborn baby. why her lawyer says she's the victim. we approach the bottom of the hour in the top of the news. ou r what you need. i wish i could shake your hand. granted. only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪
12:30 pm
why fingerstick when you can scan? with the freestyle libre 14 day system just scan the sensor with your reader, iphone or android and manage your diabetes. with the freestyle libre 14 day system, a continuous glucose monitor, you can check your glucose levels any time, without fingersticks. ask your doctor to write a prescription for the freestyle libre 14 day system. you can do it without fingersticks. learn more at today's senior living communities have never been better, with amazing amenities like movie theaters, exercise rooms and swimming pools, public cafes, bars and bistros even pet care services. and there's never been an easier way to get great advice. a place for mom is a free service that pairs you with a local advisor and find a perfect place. a place for mom. you know your family we know senior living. together we'll make the right choice.
12:31 pm
12:32 pm
12:33 pm
you should know about the newday va guaranteed cash out loan. it lets you take out an average of over 50,000 dollars. you could refinance your mortgage, consolidate your credit card debt, put cash in the bank, and lower your payments by over 600 dollars a month. newday looks at your whole financial picture, not just your credit score, so if you're a veteran homeowner who needs cash, call newday usa. >> shepard: time for the top of the news headlines. verdict watching the case of a former cheerleader accused of killing her own baby.
12:34 pm
why her defense claim she's the real victim. virginia's governor fighting back against a report about accusations of sexual misconduct against him, demanding a payout of hundreds of millions of dollars. the decision is in. a ruling on whether the term taco tuesday can be trademarked by lebron james. but first. the israeli prime minister benjamin netanyahu pushing back on report his country set up spy devices around washington, d.c., including near the white house. the prime minister's office calling the accusation a blatant lie. politico first report of the news after interviewing former senior u.s. officials. those officials had the government believes israel planted cell phone surveillance devices around the nation's capital and the trump administration did nothing about it. so far, no official comment from the white house. top stories, live from jerusalem. >> this politico piece claims stingray surveillance equipment
12:35 pm
was used together intelligence near the white house over the past two years. the way the stingray device works is by mimicking a real cell tower. it tricks phones into relying identification and location information. the trump administration reportedly has not taken any action in response to finding the alleged devices, as the israeli government is denying the allegations. israel's foreign affairs minister pointed out that israel and the united states actually share intelligence and work together. israeli prime minister benjamin netanyahu today called the report alive but didn't point out any part of the piece that he actually disagreed with. providing no evidence to support his claim that it was factually incorrect. >> shepard: you spoke with the journalist on this story, right? >> i spoke with daniel litman about the piece. he says he's standing by his reporting and also added he found one part of the conversations very interesting and surprising saying some former u.s. officials that he spoke with actually said the
12:36 pm
reason they felt so suspicious about israeli spying on them is that they had counterparts in israel relying information that took part in private u.s. diplomatic conversations, certainly a red flag for those former u.s. diplomats. >> shepard: live in jerusalem. virginia's lieutenant governor is suing cbs for $400 million for what he calls false accusations of sexual misconduct. the democrat justin fairfax has the company defamed him when it aired interviews with two women who accused him of sexually assaulting them more than a decade ago. fairfax has cbs hired information indicating one accusation was false but chose to ignore it. he also said the network did not doing a fact-checking on the other accusation. a spokesperson for cbs tells fox news that the company stands by the reporting and will vigorously defend itself in court. the feds say every single crewmember onboard the dive boat that sank off the coast of
12:37 pm
southern california was asleep when the fire broke out and killed 34 people. the national transportation safety board confirms is a the ship was required to have a roaming watchman awake at night. it comes after coast guard made new recommendations stemming from that fire. they include limits on the charging of lithium-ion batteries and the use of power strips and extension cords. the "los angeles times" reports investigators are looking into that as a potential cause. william la jeunesse reporting. he is alive in california 55 miles northwest of los angeles. >> right now the currents are too dangerous so they are hour by hour. let me bring you up to speed on the investigation you were talking about. three crewmembers told the ntsb that they didn't believe there was any existing electrical or mechanical issues but by the time they woke up after sleeping, the fire was fully
12:38 pm
engaged in the galley, the second deck. they couldn't get in the door or window. the smoke was too bad and they jumped overboard. they indicated they sound no fire in the engine room, although crew heard a smoke alarm, they said to existed in the bunk room where passengers slept. >> it's not just about can you see your way out? can you get up the ladder, over the bunk, find the emergency escape hatch and get up it. it's difficult to maneuver. >> the ntsb said today they would examine an older boat the smoke alarms as well as the exit routes because we knows kind of compromised. we got a statement from the attorney representing the owner of the boat and he said their family is reeling from this tragedy and support the investigation and wonder why transportation authorities, if they knew there were problems with lithium-ion batteries on planes, why they did not apply
12:39 pm
to charter boats. >> shepard: any progress on getting the boat out of the water? >> the currents are really strong and they don't want to risk it coming apart as they bring it up so they have a barge out there. i am the closest to santa cruz island. they are planning to put it on the bard, bulletin by tugboat and then they will examine it for evidence, basically the fire. we are told it is one piece of the puzzle. you have the testimony of the crew, the owner's records and logs, interviews with ex-employees and then you have the physical evidence with -- which is the boat. >> the team has a number of experts. they will take it to an off-site location, secure it and enabled the investigators to start reconstructing what went on with the fire. >> the national response team will look at the cost and the origin of the fire and as you
12:40 pm
mentioned, the coast guard has already told all existing boats, commercial boats nationwide to look at the power strips because these older boats are not meant sl bringing on board. >> shepard: william la jeunesse, live for us. fox urgent, waiting for a verdict in the case of a former high school cheerleader accused of killing her newborn baby. and burying the baby in the backyard. brooke richardson faces the possibility of life in prison if convicted. her face is in the hands of a jury in lebanon, ohio, north and east of cincinnati. richardson's lawyers there argued the child was stillborn. they say investigators pressured the teenager into a false confession but prosecutors say the baby didn't belong and what they describe as richardson's perfect life. they said she did an internet search for how to get rid of a baby and they say on the day she buried the child, she texted her mother and boyfriend about how happy she was that "my belly is
12:41 pm
back." defense attorneys say richardson's life was not perfect at all. yesterday in court a psychologist testified that richardson said she was sexually abused as a child, battled an eating disorder, and had a personality disorder that made it hard for her to stand up for herself. defense attorney, former prosecutor. there is more to this than i just laid out and that is in one particular area there is a distinct lack of "there" there. >> i've never had a case where i cannot prove the cause of death. the prosecutors admit we can't prove the cause of death. it's essential because you're saying somebody purposely killed a living bd. the biggest piece of evidence the prosecution has is the statement she gave. i've been covering this case and watched every piece of it and the statements are all over the place and clearly they are using an investigative questioning technique called the reid technique where they are feeding
12:42 pm
her false data and accusatory, she is sitting there almost like a 12-year-old kid saying maybe i heard some gurgling. i don't know. but when the baby was born, she was clear in the beginning the baby was born stillborn. didn't have a heart beat and didn't have any breath. the question becomes if the baby is stillborn, then it's not guilty. if the jury can't come to the conclusion that even if it was born alive but died because of medical reasons, it still could be not guilty. prosecutors are going on a wildly circumstantial case. >> shepard: i just got word as you began to speak that there is now a verdict. reporters are in the courtroom. the verdict has not been announced but there is a verdict and we'll have it in just a moment. we will have it when they release it. that said, what's the wisdom -- and i have no idea here. i am asking. what is the wisdom of filing purposeful murder charges when you can't prove the cause of death? is that unusual to charge and
12:43 pm
that way? >> not necessarily. say that you can't prove cause or manner of death, someone gives a confession. anderson -- a small piece of evidence that supports it. that's not how the statement went. it was up and down and clear she was tormented. she was holding the detective's hand and crying and asking for her mother. gave multiple versions and in cross-examination by the officers, the officer said she gave so many different stories we don't know which one to rely on. prosecutors don't want to have witnesses on the stand saying we don't know what version of the defense statement we can or cannot rely upon. all of us that have been fascinated by this case -- personally i think it's one of the more fascinating homicide cases i've dealt with in a long time in terms of covering it. wondering or whether not the jury is going to say we think something went on here. maybe not proof beyond reasonable doubt for purposeful murder, which means she intended to kill that baby. but may be plead or find her guilty of a lesser charge.
12:44 pm
>> shepard: they did allow lesser included. >> involuntary manslaughter and just before the verdict came out, the jury asked the judge for a definition on one of the other charges which is abuse of a corpse. they wanted a morse implicit definition and the judge set i'm going to give you the definition that the law gives. the question becomes may be they are convinced she desecrated the corpse which is maybe obvious in this case but not convinced beyond reasonable doubt. they've only been deliberating a couple hours may have verdict already. >> shepard: we are told the verdict is in. sometimes there's a delay. the way it works in court as they bring the interested parties together, the defense, prosecution, the person who's been charged and other parties, they get them in the courtroom and normally they read it out. we should know in just a few minutes. we expect to know before the end of the hour. will you hang around? >> absolutely. >> shepard: thank you. major retail stores closing down but one is getting ready to
12:45 pm
expand. retail expanding. more on old navy's plan to get customers through the doors and a defeat for lebron james and ohio state. the u.s. patent office delivering a big no to the popular phrases each tried to trademark. the weather's perfect... family is all together and we switched to geico; saved money on our boat insurance. how could it get any better than this? dad, i just caught a goldfish! there's no goldfish in this lake. whoa! it's pure gold. we're gonna be rich... we're gonna be rich! it only gets better when you switch and save with geico.
12:46 pm
pain happens. saturdays happen. aleve it. aleve is proven better on pain than tylenol. 's the amount of student loan debt i have i'm embarrassed to even say i felt like i was going to spend my whole adult life paying this off thanks to sofi, i can see the light at the end of the tunnel as of 12pm today, i am debt free ♪ not owing anyone anything is the best feeling in the world, i cannot stop smiling about it ♪
12:47 pm
with time, comes change that's for sure... and when those changes might help more people, especially those in retirement, i think it's worth talking about! so, aag is introducing a new jumbo reverse mortgage loan so you can now access as much as $4 million dollars in cash, tax free, from your home's equity. aag's new jumbo reverse mortgage loan if you've had your home for a while, it's probably worth a lot more today. so why not use that appreciation for anything you need maybe it's some home repairs, or updates to make it more comfortable so you can stay
12:48 pm
in the place you love. it's a viable effective way to support your other investments long into the future, and another way aag is working to make your retireme... better. don't wait. get your info kit now!
12:49 pm
>> shepard: lebron james may be the greatest basketball player of all time with his four mvp awards, three nba championships, two libya gold medals. but when it comes to battles with u.s. patent office he 0-1. the agency has rejected the attempted trademark the term taco tuesday. if you follow him on social, you have likely seen his posts posting about his love for the food. he loves tacos. according to the report, the patent office deemed the phrase a commonplace term which might've been the idea. apparently that's what the superstar wanted all along. a spokesman for the lakers told espn he filed the trademark to protect himself against being sued for saying taco tuesday. meantime, trademark lawyers says the ohio state university lost its fight to trademark the word.
12:50 pm
it is only that school might attempt. i am just saying. i mean, you either love them or you don't. and you know, the latter. the school wanted to include a word that is part of the logo on sports gear, wanted to sell the "the period" station reports the patent office called an ornamental feature serving up a no-go for ohio. store after store closes, belly up, one major clothing chain is betting it can get you off the web and into its stores. old navy planning to nearly double the blick brick-and-mortar places making the announcement today. its parent company gap announced its closing more than 200 stores over the next two years. another company said they would be possibly shutting down, now
12:51 pm
denying those reports. the continuing demise and occasional rise of brick-and-mortar. >> positive news, old navy has announced there will be doubling their store account. over 2,000 old navy locations across north america. old navy is part of the gap brand and it's going to separate and become its own company within the next year. old navy is the bread-and-butter of gap. gap on the other hand is closing 200 locations. they're going to be focusing more on online sales as well as denim. you can make more money off denim. the big problem we are seeing across the board is store closures. retail in general getting hit. just in the first six months of this year we saw more store closures than all of last year. you mentioned forever 21. there was a "wall street journal" report
12:52 pm
saying forever 21 is looking to file for bankruptcy this weekend. they possibly could be closing 700 locations. i reached out to the company hoping to get a response but they told "usa today" that's not true and they are not filing for bankruptcy but it's true they are suffering from high levels of debt. what could that mean for a lot of malls? >> shepard: excuse me, there's breaking news in the verdict is being read in the case against the teenage girl accused of killing her child purposefully. listen. >> communication or influence during the deliberation process? please hand the verdict forms in advance of the reading of the verdict. i want to thank you for each of you for your service. after this, you will be discharged from your service and you will be returned to the jury room, reunited with your electronic devices. i have a couple minutes that i would like to talk you and then we will get you on your way. you will be able to speak with anybody about the case that you would like. you are not required do so. whether you decide to speak to
12:53 pm
anybody as a matter of your own free choice. with the defendant please rise? with regard to count 1, we, the jury, in the above case find the defendant brooke skyler richardson not guilty of the offense of aggravated murder. there appear to be 12 jury signatures. verdict form 2, we, the jury, hereby find the defendant brooke skyler richardson not guilty of the offense of involuntary manslaughter. count 3, child endangerment. we, the jury, find the defendant brooke skyler richardson not guilty of child endangerment. it does say we further find the defendant did not cause serious physical harm to the alleged victim but that finding is not necessary as a matter of law. verdict 4, we, the jury, in the above case find the defendant brooke skyler richardson guilty
12:54 pm
of the offense of abuse of a corpse. ladies and gentlemen, are those the vertex of the jury? you may be seated. you are now discharged from your services. >> shepard: there you go. again, we laid out the case a few minutes ago and bob bianchi who has followed it closely, predict this was how it would go down. he looked at her quivering, knowing the background you gave us and that we read here, there's no happy ending here. >> there isn't but based on the evidence in the case, this is the right verdict. they don't know the cause of death, the statement. look at her on tv. this is the way she was giving her interview. av the statement is right. it wasn't enough to prove to 12 people beyond a reasonable doubt and may i add the defense team did an amazing job of putting expert witnesses, one of whom is
12:55 pm
the forensic pathologist in mississippi who works 99% for prosecutors. you could not make a determination on a case like this. for confession, experts talk about the reid technique. as far as the corpse was concerned, it was always my opinion after especially foreign half hours, it you are right on the money when you said it's too quick for a guilty with the problems of the government has. with respect to the corpse, she buried the corpse in a shallow grave and left it there. that seems to me to be inappropriate guilty verdict. >> shepard: one of the arguments was looked, she was 1. she was 18 years old, had a lot of issues in life. all of a sudden she's got a baby here. she had a severe eating disorder, and her claim was that the baby was stillborn and the here. i think they looked at everything that went on with regard to the facts of the case argument was she panicked. and again, great job the defense she had a being that was not did of cross-examining the
12:56 pm
living and she buried it. states witnesses whom in my and she wished she hadn't.thereg opinion fell apart. they jump to conclusions too quickly. when have you heard detective say she gave many different versions of events. we don't know which one to believe that we will believe this piece another rest. she had said from the beginning the baby was born stillborn in the medical evidence that the defense put on seemed to suggest based upon her eating disorder and the other conditions that this was a very real possibility. when you have to prove beyond reasonable doubt, it's not a guess. it's not about a hunch. you need to prove the baby was born and then you have to prove beyond a reasonable doubt that she purposefully killed the bab baby. the evidence wasn't there. >> shepard: careful to point out as you mentioned and as we've talked before, it's not to say anybody involved in the process did anything wrong. the police went out and gathered what they could. investigators did the same and forensic teams do the same and prosecutors came together and tried to make a decision about what would be serving justice and then two sides were presented in the jury of her
12:57 pm
peers made the decision and now it's delivered. >> no-fault to the detectives. >> shepard: explained that, is basically peppering. >> it's not giving them an opportunity to answer. telling them things like when they went back in the other interview, we have our scientist looking at this, medical examiner, people, we know that what you're telling us isn't true and they start, why didn't you tell us the truth. tell us the truth and it's going to be good for you and eventually if a person can be broken down -- i want to get out of here or i tell them what they want to hear, it's going to go good for me. she says i am confused, you're mixing me up. you don't want target saying there being mixed up. it was in a sophisticated person, it wasn't organized crime. it was an unsophisticated young 18, going on 12-year-old girl. you could see it in the interviews. she was a broken human being and
12:58 pm
i think it really fed into the defense's argument, what you're saying that she wound up in a situation and she was very mature and she did know how to deal with it. this is the manner in which they went about it. >> shepard: the technique is one that would potentially play itself after a bar fight. two cops they are. each are questioning someone, one a single case going to be fine. the other is going we know you hit him first. we are positive you hit him first. if you confess the truth right now, we will take you in. you didn't hit him first but applying the pressure, whether you know it or not, it's legal to tell that fed. >> the supreme court has ruled -- the interesting thing is there been instances where we are talking about full confessions and i've seen it in my career even as a prosecutor, it's almost unfathomable, the central park jogger case, you can imagine people and falsely confess to a horrific crime they didn't commit but there are people whose will can be over born where they sat had clients,
12:59 pm
defense lawyers, if there's thing i did it and they have evidence, i must've done it. it's a strange phenomenon but it's lead to a lot of false confession cases. in this case relying solely on false confessions. if they had forensic evidence in support of the confession, that would've been a different story. >> shepard: sentencing guidelines, six to 12 months for the crime for which she was found guilty. sentencing would be later. we don't know specifically on that jurisdiction whether the judge can go outside but it's likely it's a possibility. will follow-up. bob bianchi, thank you. appreciate it. not guilty, aggravated murder. involuntary manslaughter, not guilty. child endangerment. that's the end of that. the dow final bell is ringing. we are up. mighty close to an all-time high. less than 200 points away >> nef
1:00 pm
tonight's big presidential debate, all eyes on what elizabeth warren, you know she's been surging in the polls and vk step with her plans for surgingn the rich today. we connect. let's just see if you have some bucks, you might want to come out of the woodwork. welcome, everyone, i am neil. and kingfisher tells me, you know what, i'm not worried. other wall street types are and they are making it clear. they are worried that senator elizabeth warren could become president elizabeth warren and tax them out of the country. dramatic, may become a real