royal air force to mark the 70th anniversary of the battle of britain. how about that. thank you for watching, everybody, studio b with shep starts now. >>shepard: breaks news on studio b and you are looking live in georgia, these pictures from waga our fox station from metro atlanta, a horrible school bus crash has according to one report taken one life. live pictures in georgia state patrol confirms to the local cbs station, channel two "action news," our network news service, that a school bus was involved and one person was, in fact, killed and it happened just about one hour ago exactly. on highway 113, here hog river road. a spokesman for the sheriff told the local cbs station the concerned parents should gather at temple high school there in

carol county. a school bus rollover, we can assume after school, a 2:00 bus tip over on the side of the road. you can see authorities on the scene. we have not seen anyone else taken to hospitals but one person has been killed. updates awet get them. >> frirs from fox, the run down, box one, a married couple enjoying a day of sightseeing attack by a grouch armed men on a boat, pirates on a texas lake. rescuers are coping the water for a sign of the husband. new details on the pirate attack. and if box number two, banks hatting foreclosures in two dozen states with problems over paperwork. so what does this mean for millions of homeowners in big trouble? we will explain. and in box three, a brand new survey on americans and sex. new numbers on who is practicing

safe sex. and who is also faking it. not the safeness but the "it." that is ahead unless breaking news changes everything. on studio b but first from fox at 3:00, word that united states drone attack killed eight german militants today in northwest pakistan. the germans may have been part of a plan to kill americans in europe. top u.s. officials say they cannot confirm the details but according to pakistani authorities, two missiles hit a house or a mosque in the mountainous region bordering afghanistan and experts say it is a hub of al qaeda activity. this strike is connected to the travel alert that the state department issued to american citizens in europe. officials say they have information suggesting that al qaeda and other terrorist organizations could be planning a large-scale attack or series of attacks. similar to the three-day rampage in india that killed 166 people

two years ago. and now, from the pentagon. what else do we know of the terror alerts in europe? >>reporter: japan and sweden have raised their terror alert status and britain and the united states. we understand shep this emanates from a group that is known as a hamburg cell. this is, you remember, that name associated with certainly the 9/11 attacks, a left -- that left for training and a man in july was captured in afghanistan as he tried to get on a plane to germany and he was interrogated at bag rum and some of the details of the plot have come out in his interrogations, as well as signals intelligence, telephone conversations that have been intercepted. my sources say that essentially, they are trying to bird dog the

plot and flush the people out and they hope they will make a mistake. they have enough concrete details they are watching and waiting and hoping someone make as mistake. >>shepard: what are the specific targets? >>reporter: most are in france and germany. in france, the eiffel tower, notre dame. in germany, looking at the five star hotel and tv tower at the branddenburg gate and they are concerned the mumbai-style attackers could strike to get passengers waiting in line at the entrance of international airports. >>shepard: thank you from the pentagon, with updates as you get them. the pakistan taliban say they attacked trucks carrying crucial supplies for american troops in afghanistan before they pass the border. a dozen militants armed with automatic weapons are said to

have hit a nato convoy in a truck stop in pakistan and seven people, or four people were killed and seven were injured. they torched 20 trucks according to witnesses. the u.s. military reports that half of all afghanistan war supplies pass through pakistan. this is the fourth time the pakistani militants attacked a nato convoy attacking two separate convoys on friday. and then, another two, today. the chief correspondent from new york, it seems the tankers and supply trucks are easy target. >>jonathan: they are. when they cross into afghanistan they have a military escort to get where they are going but when they are in pakistan there is little security around them. generally speaking, it is a handful of pakistani security guards who probably are among the dead in this attack. so, it, they are in essence, very soft targets and what the

taliban militants obviously want to do is completely disrupt the supplies going into the u.s. and nato forces in afghanistan and by doing that, disrupt the war effort there. there to peter brooks from the heritage foundation. >> we need the fuel to run the trucks and helicopters and logistics are very important element of any army's operation. so if that is being held up it is a problem and if it is attacked that is another problem. >>jonathan: but right new there are plenty of stockpiles and these are not affecting the ability to fight the war. >>shepard: pakistan is blocking supply routes because, they say, they are angry about nato's and the united states drone attacks and the people are against them. >>jonathan: there has been a marked stepping up of the u.s. and nato campaign of airstrikes not just in afghanistan but

across the border in pakistan. you are looking now at the aftermath of an attack by nato helicopters last week in northern pakistan. and the pakistani officials are very worried about the public perception, that they are helping the u.s. teach. that gets sentiment very high in pakistan, and that is why the pakistani government is saying, "we cannot allow this," and that is why they have a protest by blocking the supply routes into afghanistan. it is a problem. if it continues for much longer, u.s. officials say they are working on this, and working with the pakistani allies and believe they will get this crisis sorted out quickly, probably by this week. >>shepard: thank you from new york where you working on this story and others. there is a chat underway at following foxnews.com.

jonathan, at foxnews.com/shep. >> trouble in the struggle mortgage industry. more lenders ma i have to stop foreclosures. it has to do with banks handled foreclosure paperwork. employees of one bank admit they did not verify crucial information. some lenders including gmac, bank of america, j.p. morgan, chase, have suspended tens of thousands of foreclosures across 23 states. analysts say the problem could force lenders to reexamine past evictions. and now gerri's two cents. this is spiralling, and getting worse. it appears that these banks did not keep up with the paperwork at at all. >> that is what the advocates are saying, the paperwork is inaccurate and full of lies, in

fact, on the front page of the napolitano, three documents with signatures on it from the same person looked totally different. embarrassing stuff. but i wanted to hear from the lenders, what did they say, this we have been quiet and have not opinion in the public eye. we talked to a spokesman at j.p. morgan chase, and he believes the accuracy in the affidavit was not affected by whether the signer personal knowledge of the details. but the bank here, they are saying that at the end of the day the facts we have are true. the borrow you are did not make the payments. therefore, they need to be kicked out of the house. but they are obliged to put the documents out there and make sure they are accurate and signed. so it is a big debate would will win. >>shepard: i hate to make this analogy but it works if you are a murder suspect and the police have the evidence and they lose the evidence, despite the fact they had the evidence and you

did it, there is nothing they can do. >> if you lose the smoking gun this is no case. you have to have your information and it has to be accurate and this is bringing up bigger questions what the judges is were doing. >>shepard: and the big picture effect open the economy. >> if you consider there was something like 4.4 million foreclosures and people behind on their mortgages it could have a big impact on the market and the economy. >>shepard: people are mighty hopeful. maybe lose my paperwork. thank you gerri willis from the business network and more on the crisis and the hot stories on the willis report at 5:00 east were, 4:00 p.m. in oxford home of the winning rebels. the fastest growing business news on television giving you the power to prosper and a man

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>>shepard: continuing coverage from were to the of the hour, a bus crash that happened in carol county, georgia, and we could not independently confirm that someone died in the bus crash but it is my understanding that they are now bringing the victim who lost his or her life to a waiting vehicle now. this is a bus crash, georgia state patrol, working this, on highway 113 near hog river road, carol county, georgia, metro atlanta, one confirmed dead. more updates as we get them. >> massive floods in vietnam. they have killed three people and forced 15,000 others from homes. authorities reports up to 23" of

rain have fallen spilling over a dam at a plant destroying a turbine and, worse, more rain in the forecast for a number of flooded areas. vietnam, of course; prone to floods and massive rainstorms which are said to kill hundreds each year. fox news is america's election headquarters. a falsely claimed that he served in vietnam. the other is the former head of a wrestling organization, and they are neck and neck in the paths for connecticut's senate state, very blue connecticut is up for grabs. the democrat is the long standing attorney general, very well-known, and mcmahon, the wife of vince mcmahon, the former c.e.o. of world wrestle egg entertainment. tomorrow the candidates will square off face-to-face and our chief political correspondent is on the scene in hartford,

connecticut. this was chris dodd's seat and connecticut is very blue but the polls say this is up in the air. >>reporter: it has been a long race. chris dodd decided he could not get reelected and decided to resign and it has been hammer locks and head locks, and pile drivers with the republican mcmahon and wwe personality coming from 40 points behind in january to what could be a straight up toss up now with the polls a little volatile. some show a lead. some show a deficit. but very, close, and the democrat was hailed as the guy who would protect this currently democratically occupied seat is in serious trouble. he, over the course of a number of years, suggested in more than a few places, that he served the military in vietnam. that is not true. and he has backtracked, clarified, explained, and apoll joyed but just today a new ad

comes out from mcmahon hammering him about that again and mcmahon, as the c.e.o. of wwe, has explaining to do, too, reportedly appear industry where the performers, the entertainers, the fighters in professional wrestling have a lot of drug abuse, a lot of work-related injuries and some work-related fatalities and the criticism of linda mcmahon is she has exploited the help and would not be representative of the people. >>shepard: so they have hit each other hard and both have brand new ads, the usual attack ads? >>reporter: well, tough. a criticism is that the democrat has not been aggressive and harsh enough against a wrestling person and she is feisty and, just today, a new attack ad where she goes back to the well with some of his old remarks and we have a little bit of it

standing by. (plum -- and she plat out -- she flatout uses the "l" word, a liar, and she is calling him a liar but she is paying big bucks to put it on tv sets all over the state, virtually every few hours. >>shepard: the ad is being called misleading by a logical newspaper? >>reporter: he did serve in the military but not in vietnam during the war that is the difference. the mcmahon campaign said they had new evidence of new lying before they released this ad, and, in fact, this is evidence of that for which he has already apologized. so, to call it "new" in terms of the allegations is not so. it is a new commercial and coming as it does on the day of this very debate, it is a very aggressive move from mcmahon,

that is going to hit him this evening at the debate and we are a month from the election. so when you have a major ad buy, with something as poe tellly damaging as this level of honesty or dishonesty, it is a very, very, big moment. it is not a new criticism, but a new ad at a very, very critical time. >>shepard: thank you, good of you. a husband and wife went out on the water in a place known for bad drug violence. only one of them came back. the local sheriff says that pirates are responsible. and we are not talking out in the middle of the sea, but right on the mexican border. today, how the drug violence in mexico is getting the spotlight in a strange murder case. stay tuned.

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>>shepard: and now an afternoon of jet skiing turned into a real tragedy for a couple from the united states after suspected drug cartels shot an american tourist. it happened on lake falcon running along the border of texas and mexico. we are told david hartley and his wife were sightseeing and she says several boats of armed men fired at them and shot her husband in the head. police say she made it back to shore and she called 9-1-1. your husband was shot? >> yes, yes. >> was he thrown out of the jet ski and he is in the water? >> he was not thrown out, and couldn't pick him up to get him. >> trace is following this from the west coast news hub and the wife tried to get her husband but couldn't.

why? >>reporter: because they were around out there in the mexican waters is and they saw the boats coming at them and they started gassing up and getting out of there and she was ahead of her husband, when the boats came toward them and started firing and she looked back, and she noticed he was hit and fell off the jet ski, and slow circled back around to try and pick him up, but she says she was there for a few seconds but the boats kept coming and firing and she fled. it was quite a chase, we are talking about maybe four or five miles how deep they were thought to be in mexican waters, and then, all the way back to the united states side she said she believes one of the mexican boats crossed into u.s. waters. we will play you some more of the 9-1-1 tape. they have not yet found david hartley's body and they are not clear yet if mexican authorities are helping them search on the mexican side of falcon lake.

>>shepard: it is not as if this is place that hasn't seen trouble, right opt border. what were they doing out there on jet skis? >>reporter: they are acting like the pirates in somalia taking boats and going after the targets and surrounding them. so far, the hostage situations, if you will, have been peaceful, they get on the boat and they demand money. but they put a warning out five months ago about this lake after the first three pirated attacks and since then there have been two more attacks from the mexican boats out there bringing the total, now, to five and they believe that some of the pirate groups are working for the a drug cartel and the victims say the pirates are sometimes dressed as federal police, sometimes dressed as mexican fish and game authorities which makes it much more difficult for people would want to resist them, to do so when you are in

mexican waters. >>shepard: thank you and now the legal panel. a former prosecutor and the criminal defense attorney. john, i don't know where to start with this but to a lot of on or abouts and i don't have any information, to a lot of observers it looks weird the couple who ought to know better are out there where all the bad things have happened. >>reporter: but why tirng there is a criminal implication, some thought maybe she did something with her husband that was wrong but here are the facts: a witness saw the entire incident. and number two, there is no motive. we don't know about an insurance policy or if she has been in an abusive relationship. and the governor perry has said, he knows about the problem so there is no reason to believe she is lying. >>shepard: tom, your take? >>reporter: there is more to it. if this is an act of pirates it is a horrible example of how bad the security situation is on the

u.s.-mexican border is. but to investigate this case you have to ask yourself: why would a married couple given the well publicized incidence of violence and piracy plaguing lake falcon over the last few months, why would they be jet skiing four or five or six miles into the mention cap border on a sightseeing mission? i am not accusing anyone of foul play and this is no evidence that the wife or anybody else other than the alleged pirates were implicated but it would be irresponsible not to ask the question as to what their motive was in making this trip. >>shepard: is that fair, john? it is not as if they did not know the area? i am not putting blame on anyone budget skiing, six miles into mexican waters with everything going on in new mexico? it does not pass the smell test.

>>reporter: let me tell you this, i don't know if you have been jet skiing. >>shepard: never on the mexican period where they murder people for weed. >>reporter: there is no border sign, you are not measuring how far you are going. it is hard to tell how far you are going. >> that does not jibe with her story, she said they were there, going to observe some rue ins that were five or six miles across the borders. i grew up jet skiing on the great south bay and the average jet ski today goes about 60 or 70 miles per hour and that is faster than the vast majority of boats out there including speedboats, and another problem that i see with this story is according to the wife's account, they are on the skis and see boats approaching with guns and they are on crafts that are capable of probably outrunning most boats out there. she is saying her husband

sustained a gunshot to the back of his head. this would have to be an extremely high powered rifle; requiring exceptionally good marksmanship and a lot of good luck for one moving target to hit another moving target going at speeds up to 60 or 70 miles per hour. >>shepard: and the wife gets away. all i am saying it does not fell -- feel good. and it has been six months since elena kagan was confirmed and new time to work. stay tuned.

>>shepard: studio b and time for the top of the news. the united states supreme court back in session today. justice elena kagan taking the bench for the first time as the court is ready to hear congressional case, rather, a

controversial case on free speech. at the center is the westboro baptish church with members picketing funerals of fallen american soldiers. they carry signs filled with hate and yell at greening families and the message is god kills u.s. troops because the united states tolerates homosexuals. when the group protests at the funeral of a marine lance corporal his father sued and when but an appeals court overturned it and it is now up to the supreme court to decide if the protests are protected under the constitution. and judge napolitano is here live. this is disgusting, horrible, and they should have in friends, people should never speak to them. it should be a horrible life for these people who are doing such bad things to folks who come back, dead, in service of our nation. can you do it legally? constitutionally?

>>reporter: it is protected. the courts are not permitted inquire into the reasonableness of the opinions and they are as described. unreasonable, horrific, targeting a person that had nothing to do with their wrath. >>shepard: someone dead and their families are suffering further ... it is horrible. >> one issue is, property? can a funeral parlor ban them from the funeral parlor's property? can a church ban them? yes. can the government ban them from a public street or sidewalk? no. because that is a traditional place for the expression of political views no matter how weird or bizarre they may be. second issue, hate speech. does the virs amendment only protect political speech or protect hate speech, as well? the answer is: it protects hate speech certainly no matter how bizarre it is, that could be mixed with political speech. so a judge cannot say to these people, why do you believe this,

it does not make sense, any more than the judge could say that to anyone else expressing any opinions. so the answer is, as you said, they should be shunned, they should be office troa -- --ostracized but they have the right to give their opinions. the lower court said they did, and awarded the father of the deceased marine, a judgment of $16 million and the appeals court overturned it and ordered the father to pay certain fees to the church for resisting the appeal. so, he ended up not only not winning but he spent money to pay for the other side's xeroxing of the brief can came to a few thousand dollars. and the supreme court now will hear it. this court even with the addition of justice elena kagan has a tradition of upholding

first amendment rights in areas that are disgusting. in the case of so-called "snuff" films where animals are shown being tortured and killed, the supreme court found that was protected speech. i would think that from that, and they just decided that last year, one could predict they will find this as hateful and horrible as it is, is similarly protected speech. >>shepard: this would not be a unanimous decision? >> no, no, no, no, no. the dissent could have a combination of conservatives who think this is not ever intended to be protected by the first amendment and liberals who think that you should not have to subject yourself to this and the majority would have liberals and conservatives who thinks the first amendment protects anything. i don't think this breaks is along traditional lines. example in that, killing of animal case, justice scalia, a very well-known conservative,

was with the majority. justice alito, a well-known conservative, wrote the dissent. >>shepard: we will see how it works out. we reported earlier on the numbers and the legal wording of the halted home foreclosures and behind each of the stats is a real person. people who could lose their homes. or already have. we will meet one of them, a manc who says he was a victim of the system. a standard story. stay tuned. ou can't come to us, we'll come to you in one of our immediate response vehicles! what if mother won't let me drive? then you probably wouldn't have had an accident in the first place. and we're walkin'! and we're walkin'... making it all a bit easier -- now that's progressive! call or click today.

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>> and three of the biggest mortgage lenders have halted tens of thousands of foreclosures. and an lives believe the number will go way up. so far, officials at gmac, the bank of america, and j.p. morgan chase have stopped court proceedings against homeowners in 23 states because of concerns that some bank employees mishandled or misrepresented the

required paperwork. it is no doubt an enormous mess that experts say could affect millions. our next guest says something similar happened to him and he is suing. the guest says the bank foreclosed on his home while he was working with the bank to modify the loan. we contacted the company for comment but we have not heard. and now our guest. how did this happen? >>guest: well, the month of june of this career i -- year i was lined two months a payment on my mortgage and i called bank of america hoping i could do a loan modification and they can help me out. the person i talked to, he took a short interview on the phone, if i qualify for the program, and after the short interview the bank representative told me

that, yes, you do qualify, we will mail you a loan modification form and you fill it out and seep -- send us back the required documents and in a couple of days i dperred all the local documents and i filled out the form and sent it to them. but, they said it could take between 30 days to 120 days. but in july, around 27th, i received a letter from the attorney saying that the bank of america is in the process of foreclosuring my house and they suggested a few options that i can take to save my house. one option was that i can do loan modification so i know i applied for loan motion so i

called bank of america and the representative told me you have to give us three more documents that are missing. but they did not lets me know in writing but are telling me when i call them and when i said they gave me a list and when 48 hours i faxed the documents and i was fating for the reply and august 2nd, i received another letter that my house will be foreclosed on september 7th and i called back, bank of america, and bank of america representative told me that we received your three documents that was missing and is under process and i particularly asked them, what about the foreclosure on september 7th and they said your

application is being processed so the foreclosure date will be shifted. and after that, on 8, somebody knocked on the door, my wife was at home and a lady came and gave me a piece of paper to my wife and that paper said that this house is owned by fannie mae. and we are just representative of fannie mae. then i --. >>shepard: do you have a place to stay? >>guest: no, i don't. >>shepard: and so that is the state of things. we will find out what happens moscow and we will let you know. good luck to you and your family. >>guest: thank you. >>shepard: the f.b.i. searching for two suspects considered armed and dangerous. they are wanted in connection with a deadly armored trust -- truck heist.

29 days until the midterm elections and we have it covered. stay tuned. let me tell you about a very important phone call i made.

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and save up to thousands of dollars. call this toll-free number now. >>shepard: and a man linked to the deadly armored car robbery in florida but he has not been charged and he has not been arrested with a crime. police have one man in custody after the attack on friday left a security guard dead. police arrested him after he crashed the suspected get away car. reare told there are two people still on the loose. and officials say they are armed and dangerous. and now, from south florida, a suspect is supposed to appear federal court but did not. why not? >>reporter:s that was the result of sufficient police work by the responding police officer's best friend, the 31-year-old recovering from injuries he suffered after being

taken down by the dog. this is after the f.b.i. agents say he wrecked his get away car into a dumpster forcing him to flee on foot. the 37-year-old terrence brown contacted the f.b.i. but he has not been arresteddity or charged but he is a person person and two others remain at large but according to police they are armed and believed very, very dangerous. >>shepard: how much money did they make off with? >>reporter: they, the f.b.i., says the money was recovered. but look at the surveillance video from a neighboring business of the bank of america branch. you can clearly see one of the suspects, and this is one of the two unoverred suspects, throwing something in the back seat, looks like a white bag, and he runs around the hood to hop into the passenger seat and right shotgun but the f.b.i. agent says all of money has been recovered. >>shepard: thank you from south florida, thank you.

the biggest american sex study in two decades is out, and there are, to some observers, surprising results. next, what everyone from teens to people in their 90's are saying about their bedroom lives and tv shows and ballparks why not government agencies? stay tuned. funny how nature just knows how to make things that are good for you. new v8 v-fusion + tea. one combined serving of vegetables and fruit with the goodness of green tea

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>>shepard: and he has helped millions of couples have children. and now 30 years after the first baby was born he gets the due. the nobel prize for medicine for edwards who developed in vitro

fertilization where eggs are removed from a woman, fertilized outside the body and implanted. the other doctor died in the 19 190's. the committee reports that ten percent of all couples world wide suffer from infertility. and teaches could be more responsible than adults when it comes to safe sex. that is according to a new survey by indiana university. the researchers found that condom use is the norm for sexually active teens but that people offer the age of 40 or less likely to use condoms. the survey revealed that while 85 percent of machine believe their partners climax the last time they had sex, only 64 percent of women reported they actually did so. we are told this was the largest national sex survey since 1992, and some 6,000 people taking part. well you have probably seen

those adopt a highway signs on the nation's roadways, and companies pay to display their logo and the money helps to keep the highways clean, well, now some states are tailing the fundraisingests a step further. they are using corporate cash to make up for the huge budget shortfalls but one state getting creative is georgia. and now to atlanta. what are the ways the transportation departments are raising money? >>reporter: we have hero units. if you stall on a busy highway they will come out, change the tire, whatever it takes to get the car out of the road so it is not blocking traffic. now, the hero units carry the state farm insurance logo and that advertising is bringing the ja -- georgia dot $1.2 million a year. >>shepard: how does it work? >>reporter: they are selling

advertising space to help pay for that program and then georgia makes money by outsourcing the highway exit logo sign that tells you what gas station is available at the interstate access. this is a program they used to operate on its own at a loss. listen to this. >> we brought a private sector partner in that knows how to do this better than we did. and they are making money. we are making money. >>reporter: what was economic necessity could, eventually, become the new normal. >>shepard: i has a shay of critics. >>reporter: some groups say when you have the public-private sector partnerships, it make them nervous saying the programs need transparency so you make sure there are no sweetheart deals, and there is no favoritism and the georgia dot insists that their programs go to the highest bidder to ensure fairness and also to ensure the

taxpayers get the most bang for the book. >>shepard: thank you from atlanta this afternoon. brazil's latest elections featuring unusual candidates including a former boxer, a por star and a professional clown. ♪ [ male announcer ] ever have morning pain slow you down? ♪ introducing bayer am, an extra strength pain reliever with alertness aid, specially formulated to fit morning pain and fatigue. ♪ so get up and g goin'! with new bayer am. the morning pain reliever.

>>shepard: the u.s. ryder cup team had a come become but they lost to europe in thend. they rallied to tie the score

but fell short and the european team reclaimed the cup by one point. members of the winning european team celebrated with champagne. it was a big defeat for tiger woods and the other american teammates. tiger woods taking the biggest loss of his ryder cup career. and this before you shut out the lights, a clown, running on the slogan of "it can't get worse," won the congressional seat in brazil. here is the picture, well done, dude. his name translates to "grumpy" but he is excited here and 1.3 million in brazil vehicle -- voted for him. and check owe the dow on the way down, down about 80 points, and little more than