right now, he is facing charges if wife number three's death. today, the prosecution told the jury he threatened to kill her weeks before she actually turned up dead in that bathtub. and now, mike is in joliet, illinois, outside chicago. how did the attorney kick it off? >>reporter: the prosecution did not come out strong. the states attorney only spent 20 minutes with opening arguments. he did not push drew peterson at scene of her death. he failed to link him to a murder with any kind of evidence. they did dive into circumstantial evidence and the fact that drew peterson once broke into her house and threatened her. they painted him as a creep but fell short of linking him to a murder. that point was not lost on the defense. i thought the opening statement was good. it got the points across. he went through the list of what

they don't have. when you listen to the state, you heard what they don't have. this is a case of two don't "haves" and trying to frame him for an accident. >>reporter: the defense spoke for 90 minutes painting a picture an accident turned into a murder by the media. they painted a picture with the evidence scene saying there was orange juice on the table and tea in 9 pot the she was ready to start the day when she slipped in the tub. >>shepard: and the defense probably attacked the victim? >>reporter: the defense painted up his wife as a hell cat call her an angry woman who was very upset that drew peterson was seeing a younger woman and was determined to get even. that point was not lost on the family. >> as far as he is concerned he has to stop trashing her. drew is not the victim. kathleen was. >> what will it take for the people to realize we had her

exhumed for a reason so there would be no more of this bashing. >>reporter: the first witness is on the stand. she is a neighbor, or was a neighborhood, of kathleen savio. >>shepard: so, the media did it. and now to the legal panel, with arthur aidala and randy zelin. they exhumed the body and realized, wow, it was stunning, this woman who we thought had drowned in air in a bathtub first time around -- because that is what the cops rule; by the way, he was a cop -- that is what they first ruled. they, humanned the body and realized she did not drown but her head was covered in blood and now they say in is a murder and call him, well, he is now called a defendant.

>>arthur: although a lot of people in that room believe that he's the person that caused her death, i cannot say there is an overwhelming case on behalf of the prosecution. we do make a joke, who do you want as a witness? your priest? your minister? that is who the prosecution hopes come in, the fourth wife who is missing, her minister, who would say, double hearsay, that the deceased in this case told the fourth wife, if i die, drew did it. she tells that to the minute story. so if a judge lets it in the minister will say the wife said to the next wife, if i am dead, drew peterson did it. >>randy: he pulled a switch on me. so i will be the prosecutor.

if i'm prosecuting this case, it's simple. we know a few things. there are two dead women. we know --. >>shepard: one is missing. >>randy: the prosecution theory is that she is dead. what is happening, if i am a prosecutor, i will keep it simple. this is in the your typical crime scene. it wasn't a crime scene. it was originally ruled an accident but you do not die by drowning in the air. what does it for this case, two things. the fact, normally we don't let statements come into court unless the person saying them is in the court. except where it is reliable. there is enough evidence here that both of these women foretold their deaths. the judge has decided, there may be some reliability here so i will let it in. in the evidence comes in, coupled with the fact that there

is no explanation for how she died other than not having been an accident, and drew peterson having a motive to kill her, he was seeing stacy peterson and could not afford two wives and two lifestyles. >>arthur: if they want to convince them they can. but the jury takes the oath seriously beyond a reasonable doubt, they know it is murder, he is going to jail for life, double hearsay is a tough one to swallow. that is what you base it on. >>shepard: we will watch the evidence and look to mike tobin for any updates. >> but first a political trip overseas, have you seen this? governor romney headed home from poland after emphasizing that poland has important economic ties to the united states and it is important to him. this was a chance for governor romney to show off foreign policy. president obama suggests it will

be remembers as much for the missteps. first, for imply that great britain may not be ready to host the olympics. that created a firestorm in london. politicians came out and remarked on it. he went to israel and palestinian officials blasted him for saying israel's cultural differences made it more prosperous than the palestinians . and some reporters were told to "kiss my" and fished it and governor romney addressed the citizen with our carl cameron. >> they will try to find anything else to divert from the fact that the last four years have been tough years for our country. they have been years of item multi. we need to see a better direction taken on the part of our nation and the part of our

friends in the world to we see greater stability and economic strength. >>shepard: that was dressing the issue. a top aide insisted the foreign trip has been "great." but an obama campaign spokesman said the governor fumbled and the white house weighed in. >> when american presidents, american senators and congressmen and would-be leaders go abroad what they say is placed under a magnifying glass. it carries great impact. >>shepard: governor romney tried to change the subject to the topic of jobs in the up. karl cameron is traveling with him in poland. the controversies followed the governor to poland and now he is pushing back. >>carl: the controversy from jerusalem had to do with

fundraiser where he said that culture can determine outcomes and suggesting that could explain why israel's economy is stronger than the palestinians. the palestinians got really angry and said it sounded like ignorant race im. i asked him about that and he contested the assertion that is what he was saying. i am not speaking about it. i did not speak about the palestinian culture. or the decisions made in their economy. that is an interesting topic that perhaps deserves analysis but i didn't address that and do not intend to address it during my campaign. instead, i will point out the choices a society make have a profound impact on the vitality of that society. >>carl: we will have more of the interchange later this evening. mr. romney argued that part of the gaffes he has been accused much have been the manifestation of a media that has been out to

get him since he got overseas. >>shepard: obviously. speaking of the media, what about the campaign aide and the mostly polish press corp? >> governor romney went for a memorial for pope john paul ii, an international hero in this country. it was a somber situation. as he wrapped it up, reporters began throwing questions at him. they came fast and furious. a staffer thought it was inappropriate and told him so with salty language. >> are you concerned about the mishaps on the trip? (inaudible). >> what about your dad? >> governor romney just a few questions. you have not taken the three questions on this trip from the

press. >>carl: tough stuff but this reporter cannot talk about using occasionally gruff language and the fact of the matter is, the staff and the reporters living together 24/7 get testy and the staff are not the ones on the ballot. the candidate will be. >>shepard: is it true he only answered three questions from reporters on a three-nation tour? karl california -- >>carl: he gave interviews to most of the cable networks and to network anchors and his staff were available but they did not do the things that many are accustomed to. he did not come on the press plane to talk or hold

availablibilities and answer questions from the traveling press. that is frustrating for reporters hoping to have an opportunity to report more than just what he did publicly. it did not happen. the frustration was exhibited in that group of tough questions leaving the memorial for pope john paul ii which is not the place if that type of shouting. the stater -- the staffer made the point. clearly. >>shepard: republican lawmakers releasing a report on the fast and furious operations and smoking fingers at specific government officials. and the acknowledge that gave us mr. hot tub may have been wasting funds for years before anybody noticed. investigators digging up information on parties dating back to 2005. that is coming up.

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>>shepard: a new report from

congress. for the first time, names of those who say is blamed for the fast and furious gunrunning scandal. the g.o.p. led investigation calls out five high ranking official whose say fast and furious was to track the flow of weapons from the united states to the drug cartels in mexico. but two turned up at the scene of a murder of a bodier patrol agent. the house of representatives has held attorney general holder in contempt over the fallout. the names still work at a.t.f. but in different jobs and at least one is fighting back, through a lawyer calling the report "a political witch hunt." and now, the news live from our west coast news hub. william? >>reporter: the director was accused of being aloof, and another being derelict, and

another, head of operations, of basically failing to supervise. and that the agent in charge, did tactics he knew were wrong. and an attorney said no, the a.t.f. followed advice from the united states attorney. and the report says, no, a.t.f. knew and did not report the law but went along to link u.s. gun stores to mexican violence. when the guns showed up at crime scenes in mexico, rather than concern, the u.s. attorney said, wow, frickin' a, those are already across the border? and then they lumped the guns were used to kill the brother of a state attorney general in mexico and a supervisor wanted want to bury the revelation. >> if we are going to make the agencies accountable, the people that are responsible for the wrongdoing are responsible for

policies that lead to murder, although they did not do the murder, heads have to roll. >>reporter: the department of justice claims that the report distorts the facts and repeats debunked conspiracy theories. the next report that the committee issues will deal with department and obstruction of justice. >>shepard: thank you, william, from los angeles. pushing teen athletes to the point of collapse. high school coaches have been doing it for years. now, two families say that the pushing killed their children. this are lawsuits. that is next. [ buzz ] off to work!

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>>shepard: the parents of who south florida high school football player whose died after practicing in the heat will sue

the school board and officials for negligence. a 16-year-old defensive lineman told the coaches at the high school last august that he could not continue after he fell to the ground. according to the lawyer, the coaches toll the student to keep going although he had symptoms of dehydration the night before. he died of heat exhaustion. a teammate took this picture of the defensive lineman shortly before his death. then there is 16-year-old offensive lineman at another high school. the medical examiner reported that he died of cardiac arrest last july the morning after conditioning drills. the examiner said overexertion and overheating and sickle cell issue sparked the situation. an attorney is representing the families, and he also represented the family of trayvon martin. by the way, a spokesman said the district does not comment on pending lawsuits.

and now to our legal panel, arthur aidala, and criminal defense attorney randy zelin. i am sure a lot of parents have wondered over time, my kid is pushed too hard. >>arthur: a horrible story to happen to a young born and it happened last week in staten island if you believe the young boy says, coach, i can't, i can't. he is playing tough coach in 90-degree heat and pushing and pushing and pushing until the kid dies it is clearly the coach being liable. then the school is liable. we are only getting one side of the story so we have to let the chips fall where they may. for the parents, there is no dollar amount that will bring back their child. a message needs to be sent, as tough as we want to be making the high school football players tough, common sense has to prevail and the kids health have to prevail. >>randy: there is a challenge and my son is doing it now, he plays high school football and

you walk such a fine line between being as prepared as you possibly can to have the best season you can, particularly if you have aspirations to do something with a football career against as arthur indicated, at what point do we stop it? here, what is critical, if there is evidence, in fact, that coaches knew prior to this happening, because that is what negligence is all about, it is failing to exercise reasonable care. you have to know what you are doing is going to hurt somebody in order to be negligent. if the coaches knew, and apparently there is evidence in both of the cases, that boths of the kids had problems previous to this happening, you got a problem. >>arthur: that is why they put in the thing about the dehydration the night before, it is noticed, they knew or should have known the kid had a condition, a problem, therefore, you have to draw the line. this is not the kid you push, push, push, but you say sit in

the shade and drink gatorade and come back tomorrow. that is what happens. >>randy: the reality it is not that important a good football season for someone that does not have a teenager, two parents do not have a teenager. >>shepard: could the coach make the point, my job is to push the kids. i didn't realize he was that dehydrated. >>arthur: you are right. but no one is saying he did anything intentional. it is negligent. he made a huge mistake. >>shepard: i thought the bar was you have to realize what you are doing is going to cause injury. that is a high bar. >>randy: the fact both were in the hospital, one, maybe days before, and the other, the summer before, that is where you get to the question of "notice." >>shepard: thank you. the federal agency that threw lavish parties in las vegas and virginia did not track spending for several conferences dating back to the administration of president george w. bush. that's according to the documents that fox news obligated through freedom of information act request with the general services administration.

the documents show over the past six years the gsa has lost or did not keep records on a number of events. while dozens other show travel costs that are similar to the las vegas convention. >> and then, mr. hot tub the former general services administration executive, he live the g.s.a. in the wake of the scandal. and now, doug has the news in washington, dc. the yens were supposed to be work-related? >>reporter: they are supposed to be but look at that g.s.a. conference. it is called a team building exercise but employees were making noise to the inspirational words of a facilitator. >> listen to each other. accountability.

to the back beat. >>reporter: no know if they kept their integrity but they got cash, they got to keep that. our freedom of information revealed 75 pages of g.s.a. employees, 50 on every page, who received cash awards at this conference averaging $1,000 each. the cost to taxpayers? $3.6 million minus the $104,000 for the consultant who dreamed you this exercise. at least the g.s.a. managed to account for the spend on this particular conference. there are several other conferences where in records were kept. >> agencies can not keep track of any spending let alone conferences which certainly do not seem to be a big priority. spending the money is easy. keeping track is the problem throughout the government. it is not just conferences, it is every level of spending. >>reporter: the chairman of the house of representatives transportation infrastructure committee will open a new round

of hearings tomorrow. >>shepard: any response from the g.s.a.? >>reporter: they provided a statement to us which read, in part, and i quote, "as of april 1212 all spending for events including trading conferences and team building exercises and award ceremonies were suspended." the 2010 award senator moan has been in existence going back 2002 under the new g.s.a. leadership, these events and this type of spending are not tolerated. the congressman says the spending on conferences appeal -- pales to the thousands of underused buildings sitting across the united states. >>shepard: doug, thank you. just in, a warrant out for the arrest of the actor cuba gooding jr. according to authorities in new orleans he was down there showed up at a bar on bourbon

street at 3:00 a.m. the people in the bar at time or the businesses, they relied he was cuba gooding and they asked to take pictures and he got annoyed, and though got loud and he got more annoyed and he pushed some employee of one of the -- of that business and this is an assault charge. he will have his own side to this story but there is a warrant out for his arrest. updates as they come in. >> the swimmer, michael phelps hoping to accomplish olympic history. spoiler alert. we know what happened. and the chinese olympian whose performance some call "unbelievable, super swimmer. did you cheat? hello? are you a cheater?

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>>shepard: we are not about to spoil the olympics. well not tell you who won but the american swimmer michael phelps aims to become the most decorated olympian in history but a chinese swimmer's jaw dropping performance that still has a lot of people talking. today, olympic organizers are defending the 16-year-old against suggestions that drugs

fueled her record-setting swim. her performance won the gold medal and slow swam faster than the american ryan lochte during the last leg of his race among the best on team usa and that lit up social media sites with accusations of doping and the head of the american swimming coaches association called this "disturbing" and "suspicious." the swimmer denied using drugs and says it is hard work. but with china's checkered past with doping it will not help. somebody there, trace, says the young swimmer -- talked to this swimmer about hit of doping. >>trace: ye shiwen said china's hands are clean but you look at the past, back in 1994 the asian games, seven athletes tested positive for doping. 1998 at world championships, four more tested positive.

in 2009, five junior swimmers were batched if testing positive. but in london all the medalists are automatically tested and the olympic committee has a special investigative unit looking into doping allegations. for now, she appears to be clear. officials think she is getting a bad rap. >> it is incredible that there is so much speculation out there in the press. i don't like it. i think it is wrong. that athlete or indeed any athlete that has never tested positive is appear athlete who should be supported by the federation and everybody in the olympic movement. >>trace: her australian coach says her work work ethic is amazing. >>shepard: and then missy

franklin. >>trace: size 16 shoe, hands like a frisbee and she is called the female michael phelps. the tenacity. did you see the racest she swam the 200 meter free style qualifier and qualified and then ten minutes later she did this. the 100 meter backstroke she killed it finishing in a little over 58 seconds the she thought it would be hard to do both but she said it was just a blast. and she got a shout out from a very special fan. justin bieber shouted, she is a fan of mine and now i am a fan of her. much love, and she tweeted back, i just died. thank you. and nbc got heat for announcing she won the gold before showing that she won the gold. we should note that misscy franklinas dedicateed her medals in aurora, colorado, she is from centennial, right next door. >>shepard: technology has come a long way in the four years

since the last summer games but some have trouble keeping up with the public world of social media. the swiss olympic team kicked out a player over an offensive message, the second at least who has gone home for that in one week. the swiss soccer player posted an offensive slur after his team lost to south korea. last week, the greek olympic team beated a triple jumper for talking about african mosquitoes that said "so many africans in greece at least west nile mosquitoes will heat moment made food." a p.r. crisis consultant, these are kids. everybody is muching what them in a way they have never been watched. >>guest: that's true, but, remember, it is quaint now, we were in little league, the coach said let the play on the field dictate the performance.

so, twitter has become a vehicle in a lot of ways that's a way for people to share and communicate but it is also an anonymous way and not anonymous, rather, not in a face to face, to cyberbully and trash talk. it's degrading of the olympics. >>shepard: one of the trainings that all of the, well, superstars in the making, they need to have training on how to handle yourself not just in public but on social media. >>guest: absolutely. athletes used to being coping how to answer media questions. don't respond in the heat of passion. take a step back. things could be taken out of context. when you do something on sweater -- twitter, it is premeditated. and it is at your finger tips, something that is hard to coach.

i exercise restraint. ultimately, the coaches and the players on the team need to be careful. you do not want your comments on your opponents' black board. >>shepard: did you hear about the fan who, today, was arrested after a series of threatening posts including one in which he vowed to "drown a british" diver and he told another, "he failed his dead father by not winning." >>guest: you are never going to stop that sort of crazy talk. i am sure he will get a visit pretty soon about what he has done. you will not stop crazy people from saying things. that is the thing about it. they said you can do it from the comfort of your living room or your bedroom and you feel immune to any kind of punishment. yes, it is over the top and

athletes with good sportsmanship that win and conduct themselves in a classy way, they have to thing of marketing potential after. the cover of the cereal box. you want to conduct yourself in a way you come out of the games, if you win, as a great sport and someone who can then market themselves for further pursuits. >>shepard: peter, thank you. >> well, right now, syrian rebels and government forces are fighting for control of syria's largest city. according to a lot reports, some of the rebels are al qaeda fighters, some of them, terrorists in the ranks and a building refugee crisis. that is next. [ female announcer ] e-trade technology

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>>shepard: rebel fighters in syria say they have seized two police stations in the fight for the huge city of aleppo, the biggest city in the country.

it is home to one of the most intense battles, 16 months into the uprising. they have been attacking strongholds for 11 days. yesterday, government media, reported the government had "purged" the city of armed groups. but the rebels say that not the case. they claim they still hold several neighborhoods. despite reports of heavy government shelling from attack helicopters, we are learning what would be the growing influence of al qaeda. analysts are telling other the guardian," that al qaeda and other islamic extremists doing their best to hijack the syrian revolution helping with the attacks aimed at assad regime. fox cannot independently confirm any of the reports and often these are inflated for public consumption. al qaeda is not everywhere. the chief fox news correspondent, jonathan hunt, is

here. the rebels hope aleppo will be a base for overthrowing of the government. >>jonathan: talking of al qaeda influence which united states officials have talked about being there but not that significant yet, but what they need,'s all, is some sort of unity, a unified command would help a great deal. to get a unified command, it would help, of course, to have a base from which they can operate. that is why they are fighting so hard to hold on to aleppo, the northern syrian city, close to the turkish border could be a place they could do that. also, it could be what secretary of state, hillary clinton said is so important, a safe haven for civilians. a security expert told me earlier told about that. listen. >> that could become the enclave secretary clinton is talking about and what the rebels use, then, as the basis for asking for a no-fly zone, for example, and the basis if, really,

establishing their own governmental structure. >>jonathan: as we reported yesterday a lost experts are saying this fight is by no means over, the rebels are holding some territory but they are under the most fierce bombardment imaginable. >>shepard: a lot of civilians are trying to get out of there and it looks to be the beginning of a refugee crisis. >>jonathan: yes, that is what the u.n. is saying. you look at the map of syria, across the border is turkey and 70,000 syrians have fled during the 18 months, or so, of the uprising. across to jordan, 150,000 syrian refugees. to lebanon, 30,000 refugees. thousands more trying to get to iraq. it is increasingly desperate situation. islamic organizations are now saying they need something like $500 million immediately to deal with this ongoing humanitarian

crisis. clearly, that part of the crisis is only going to get a lot worse. >>shepard: thank you. a pair of convicted killers getting a new trial. all after the judge caught wind of something posted on facebook. the legal panel is next. [ male announcer ] this is rudy. his morninstarts with arthritis pain.

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>>shepard: two brothers spent 25 years in prison for murder. but new they are getting a new trial. the reason is facebook. last week, a judge overturned murder convictions against the two brothers after recent facebook posts cast real doubt on the case against them. the brothers were convicted of the 1987 murder of a detroit

marijuana dealer. but several witnesses who came forward on facebook said the killers were black. the brothers are not. once the judge heard their version of events he said it was enough to toss the conviction. i knew this day would come. it just sad that it took 25 years. >> something i have prayed for since i was a little girl that it would happen. it is hard to wait this long. >>shepard: the judge postponed a decision whether to let them go free on bond. the prosecution have appealed the judge's decision everturning the conviction argue the new witnesses are not reliable. not credible. arthur and randy, what do do you? >>arthur: this started off, just one little post by one person in the community that said, it is too bad or too sad that the highers brothers are in prison if life. and suddenly, someone was, like, i remember that, yes, i was at the back door and going in to buy marijuana and guys with black men, with guns, they came forward and the family of the

higher brothers, what do you mean, black men with guns? the brothers are white guys. that is what, then, the judge heard the evidence, and he her the witnesses, and the judge believes this is enough to do a redo. that does not happen to often in a murder case. >>shepard: redos are difficult after a year or two. forget 25 years. >>randy: this is unfair to the prosecution but taking the side of the prosecution there is a bigger issue. our system of justice demands finality. it demands certainty. the jury speaks. the case is over. otherwise, the courthouses will be shut down with people saying, i want a new trial. i want a new trial. on the limited record we are aware of, what is interesting, the ones were outside of the house. they were not inside. they were outside looking to buy drugs. just because a bunch of african-americans stormed the house, that doesn't mean that the two white guys were not inside doing the shooting. they did not see the shooting.

>>arthur: they were interrupted by several articled black men who oned into the backyard and ordered them to lebanese. one witness testified at a hearing, he heard a gun slot and he fled. he did not see who the shooter was. >>randy: he heard a gunshot. that does not mean the two white guys were not inside. >>arthur: after trial in a jurisdiction there is something none as a post trial newly discovered evidence motion. this fits right into that. >>randy: it doesn't. >>arthur: newly discovered evidence. you have witnesses --. >>randy: they did not i.d. the shooter. >>arthur: they had witnesses they did not know existed at the time of rile and they have come forward and a new hearings, to hear the new witnesses, just like it was d.n.a. or fingerprints, like it was blood evidence. >>shepard: we will watch and see what happened. we will report back. a day at the beach turns terrifying for a father and son. what appears to be a shark attack off the coast of new

england.

>>shepard: we got word of a shot attack off the coast of massachusetts. the victim was surfing with his son on cape cod when something pulled him underwater. we are toll it bit him on both legs, below the knees. there was a 9-1-1 call. he is part of it. >> what is the problem? >> shark attack. he is bleeding and wounded. we need 9-1-1. >>shepard: a surgeon would happened to be at the scene treated the man until the paramedics showed up. witnesses saw a large fin skimming the water. a local report quotes an expert who said it could have with a great white. then this before we wrap it up, police outside pensacola say they have responded to a report of a drug dealer operating at a local bar early this month. when the officers got there, they zeroed in on the suspect, a

24-year-old man. the cops say the guy insisted he didn't have drug on him. and to prove it, he pulled out his pants pockets. but police say the man did, indeed, have drugs on him, a bag of cocaine. when he pulled out the pockets the bag fell out right there on the floor. the prosecution charge him with possession. he has a court date next month. dumb, right? the dow is off 50 today. and the new york stock exchange euro next, so year, right? still above 13,000 on the session, though, usually for con text and perspective we turn to "your world," and we will in a moment. i look forward to seeing you tonight. well, i can't see you, you seeing me tonight on the fox report at 7:00 east coast or 7:00 central. see you tonight.

>> lay off the lay off warnings with controversial building over a new labor department directive. welcome, everyone, this is "your world." republicans today blasting the white house for what they are calling a pure preelection bait and switch. the labor department is telling defense contractors there is no need to warn workers about pending layoffs although the law requires a 60-day notice. mandatory defense cuts set to kick in, in january, meaning that the first notices would have again out right before election day. republican congressman west on what he is going to do about that in a minute but, first, the "washington times," reporter breaking the story down. currently, sir, the department of defense is supposed to give employees a 60-day notice of layoffs spending. so you do that backward it puts us as november 1. >>guest: the election is

november 6. so, it is not the defense department, but the defense contractors who have to do the business, required by federal law with mass layoffs they are required to tell their employees at least secretary days out. it is called the warren act, it is a federal law. a lot of the contractors have said, wait, we are afraid of the cuts, the automatic spending cuts. we will have to invoke the warren act and warm our employees and the timing is right before the election. the labor department yesterday actually issued official guidance which oversees the act saying, no, no, no, we don't think you need to issue the warnings, we are convinced the automatic cuts will be eliminated by then and so we don't think you need to do that. if the sequesters go into effect they fall under a part of the law that is unforeseen circumstance, so, you are protected from not having done that. the defense contractors are in the so sure and if