what do you think of our discussion about whether you should go out and vote, even if you can't name who the president or the vice president is? should those people be encouraged to vote? let me no know on twitter at megan kelly. thanks for watching. here is shepherd. >> the news begins a new on "studio b." we are tracking what is said to be a domestic terrorist attack. a man opened fire in dc, and now we are learning what the man said after he opened fire. and this man is accused of faking his own death in order to cash in on more than $50,000 of life insurance money. now he is under arrest. and lotto mania. it could be another powerball record. $320 million will let you escape from all of this mess. it is all ahead unless breaking news changes everything or somebody else wins the lotto on studio b. first on fox at 3:00, as of today more than a million young immigrants can start

applying for a chance to live and work legally in the united states. this was the scene in chicago this morning as thousands lined up for a shot at staying here. it is a result of one of the most sweeping changes to the u.s. immigration policy in decades. the president bypassed congress to get it done, ordering his administration to stop deporting immigrants as children. here is how it works. applicants have to have arrived before the age of 16, and they have to be under 30 now. they must have lived in the country for at least five consecutive years. they need to be enrolled in a high school, have a high school diploma or a ged or have served in our military, and they cannot have any serious criminal record. immigration officials will consider it case by case. this program is not a pass to citizenship. but it does achieve many of the goals set out in the dream act which congress rejected. some of the critics are saying the new program amounts to amnesty for law breakers. katherine is live now, and how

is it supposed to work once people stay? >> advocates say after two years it is a six-page application, and if approved and if the obama administration wins in november, and if there is no movement on the dream act, the two-year extension is possible. the immigration law center is calling on the republicans to weigh in. >> if the republican party cares about the latino vote and hopes to capture some in november, it is really important for both paul ryan and mitt romney to say what their position is on this, and hopefully they will understand , again, this is about investing in young, aspiring americans and an investment in our country. >> advocates say it amounts to a stop gap measure, and it should provide a window for real reform. >> and critics say there is a potential for fraud. >> the potential for fraud is high and they predict the homeland security department will be overwhelmed by the number of applications. there are 33 types of documents acceptable here.

you are seeing video here from dc where the applications were made. these people provided evidence of education, training and the length of time they lived in the u.s. >> we have seen in other immigration contexts that people can be sophisticated in devising ways to create and manufacture fabricated documents. so i think dhs will have a real challenge trying to please the fraud problem. >> supporters say fraud is not the major problem here because it is a two-year reprieve and there is no real incentive to lie because if you are caught lying you are on the fast track to deportation. >> catherine, thanks. let's get to the shooting in washington we have been reporting on. witnesses say a gunman opened fire at the christian conservative lobbying group's headquarters. it happened this morning at the family research council offices in washington. sources are telling fox news the man shot a security guard in the arm. others are to have said to wrestle the shooter to the imrownd. it is still too soon to know a

motive. when the guard grabbed the suspect's gun, the suspect said, don't shoot me. it is not about you. it was what this place stands for. the family research council sends lobbyists to weigh in on policy matters. they say their agents are interviewing the shooter. he says he is on scene now in washington. how is that guard doing? >> he is leo johnson, and he is alive. he is being haled by authorities as a hero. >> i can't get into the details of anything that was said or not said, but as the chief said this morning, the security guard was a hero in this case, and he did an excellent job in stoping the gunman from getting any further into the building and from anyone else getting injured or shot by him.

i don't know the details of it. i do know there was an altercation and the security guard was shot, but the security guard did a phenomenal job. >> reporter: the president of the family, tony perkins, says the police are investigating and our first concern is with our colleague. our concern is for him and his family. the suspect who put him into the hospital was taken to washington's field office for an teargas. >> do we know anymore on the suspect, peter? >> reporter: shepherd, sources tell us he is a 28-year-old man from virginia, and he posed as an intern to gain entry to the building, and somebody was standing not far away from where i am now when the man was being taken into custody. he sent us a picture. in the picture you can see a man in happened -- handcuffs with a shaved head and a shirt ripped in the middle showing off his bear chest. when you go to the council's website it shows this red, brick building is

strategically located in washington, and they are the leading voice for our family in the halls of power. today that red brick building was also a target. back to you. >> steve, peter dosey live in washington. thank you. this time allegations are coming from agents where the immigration and custom enforcement agency better known as i.c.e. there is a growing scandal at the agency. here is the story. the head of new york's i.c.e. is accusing janet gnaw poll ton know into a female-run frat house. the suit alleges secretary napal ad sh dash napalatono put her friends in even if they were not qualified for the job. they say she made sexual advances and graphic remarks to co-workers about their crotches.

the comments are not suitable for daytime television, but you can read the entire complaint at fox news.com. the agency confirms it opened an internal review while the chief of staff is on leave. as for that lawsuit against secretary gnaw poll ton know they called the claims unfounded. let's turn to our political reporter, erin mcpike who is live on capitol hill. what do you know about this thing? >> basically i talked to the administration today exprkts white house is saying nothing. they are saying they don't know much about it. they have referred to the fact that there is an investigation going on, and they don't want to be saying anything about it until the investigation is over. the man making these allegations was potentially upset because there were relocation costs he was not paid. and so he is therefore upset and making some of these allegations as a result of that. >> quite frankly, some of the allegations and the actual words that were used were used on air earlier in the day.

i guess our producers had a problem with them or something. i read them. if anybody has ever been in a -- it is not like they were appropriate, but to sue janet napolatono over a few things that people said, it seems preposterous, is what it seems. >> it is potentially over the top for sure. however, if these allegations are true and it was going on and janet napalatano knew about it, it would become a political problem for the administration if she is presiding over a workplace environment. >> i hear that. women have been degrade network place for longer than most of us would like to remember. it happens. when it does, their investigations and the people responsible for it usually get in a good bit of trouble. this time the tables are turned. you wonder why it would go to the top of the agency, but i hear you. it is about an over all culture. if that culture is a miss, the person in charge of the culture i guess gets targeted. >> that's exactly right.

>> erin, good to see you. have a nice day. >> you too. in less than three months, a senate election on huge issues, and so the candidates are calling each other names and making wild accusations. what they are doing is "we want to stick to the issues. we want to talk about the issues" and then you ask about the issues saying what is different between you and this plan they say, "we'll talk about that later." but he's bad. both sides are doing it. does it ever really annoy you? don't you want to go, this isn't right of you politicians? talk about the issues you say you want to talk about, and don't blame us when you won't. and wikileaks founder julian uh sang will find out -- jewel lean uh sang finds out if he can call ecuador home. how can he get there without being arrested? details on this wednesday "studio b."

we have a big one from the baseball world. major league baseball suspended the giants slugger, former new york player cabrera for 50 games. they say he tested positive for testosterone. evidence of the banned performance enhancing substance. the office says the suspension is effective immediately and cabrera will not be paid for these 50 games. melky won the most available player award at the allstar game and is currently batting .346. melky cabrera suspended from baseball for 50 games. the obama campaign stepping up its criticism of governor romney's running mate claiming the new republican ticket would end medicare as we know it. meanwhile, governor romney is slamming the president for what he calls a, quote, campaign of division and anger and hate. the obama campaign firing back describing the governor's

comments as unhinged. substance you ask? we will have none of that. team fox coverage and ed henry traveling with the government. first to carl cameron who is live for us. where is he? let's see. always this comes after vice president biden says the republican says the economic policies will put y'all back in change. everybody likes to focus on thesegafs and not the big things that go on. >> you are right. there is a tendency to focus on character and personal attacks as opposed to the deep and complicated policy issues. in the case of personal integrity, the president of the united states it does matter. and mitt romney got an tbree yesterday when mr. biden made that line. that was the straw that broke the camel's back. he has n about increasingly aggravated about the criticism that he believes is personal and unfounded against him and mr. ryan and republicans in general he calls it class warfare, and last night he wrote his own remarks remarks and put them in a prompter to

make sure they were repeated by himself accurately. they were deliberately tough. >> mr. president, take your campaign and division and anger and hate back to chicago and let us get about rebuilding and reuniting america. >> rom know is normally cautious with his rhetoric and not used to taking risks. but with that attack he took it further than before. his argument is whether it is economic lines, ethnic lines, president obama is dividing the country in an attempt to divide the vote and make it possible for him to cash in on his incumbency and beat romney. >> he demonizes some, he panders to others. his campaign strategy is to smash america apart and try to come together with 51% of the pieces. >> in a sense the way the obama campaign attacked mitt romney's business record, because that was one of his

strengths in an economic campaign, the romney campaign is going after what had been one of barack obama's strength in the 2008 campaign that he was going to bring hope and change and optimistic unity, and yet the tone of the campaign which mr. romney and mr. obama have a role in has been resoundingly negative for many weeks, and romney is trying to wrap it around the president's neck. >> and congressman ryan is campaigning solo today. >> he is. he will be at the miami university, and he will have a 6:00 welcome home rally. he has been campaigning for the romney agenda and arguing in favor of the ryan-type budget and immediate medicare reform saying it is what they need to do to deal with these serious issues. the romney-ryan ticket and by many it was calculated as a gamble by tackling these big issues and bringing them to the campaign and has made it a dominant part of the debate since saturday when ryan joined the ticket. they argue that they are trying to talk about issues,

and all of the obama campaign and democrats are doing is saying that the republicans just want to hurt people to cut taxes for the rich. it is an argument based on personal attacks because people do vote on who they like, that the republican's hope can be founded and built up on the ryan idea of a balanced budget, the romney idea of performing entitlements and getting the economy going again. >> carl cameron on the road. carl, thanks very much. today president obama wrapped up his three-day swing through iowa. he spent the day hammering his rival's running mate over medicare. the obama campaign trying to link congressman ryan's medicare overhaul directly to governor romney. >> their plan ends medicare as we know it. my plan reduces the cost of medicare by cracking down on fraud and waste and insurance companies. their plan makes seniors pay more so they can give another tax cut to millionaires and billionaires. >> meanwhile governor romney is firing back on the campaign trail and air waves. a new ad argues that president

obama cut medicare spending in order to put money toward his signature health care law. and henry traveling with the president. he is on the bus again and warbly. hello, ed. >> good to see you there, shep. you are talking about this nasty rhetoric and whatnot. when will they talk about the issues? this is one of the issues, medicare. it is becoming a defining issue of the campaign, and they are focusing on substance. congressman ryan says his plan will not affect anyone over 55. if you are a senior over 55 he says don't listen to what he calls the scare tactics. he is also saying he is all about reforming this and saving medicare in the long-term. the president believes -- a short time ago here in iowa he had this blast for congressman ryan. >> that means seniors would no longer have the guarantee of medicare. they get a voucher to buy private insurance. and because the voucher wouldn't keep up with costs, the plan authored by governor

romney's running mate, congressman ryan would force seniors to pay an extra $6400 a year, and i assume they don't have it. >> now, the romney camp says the president is not just playing offense and attacking them on this issue. they think he is playing a bit of defense because of what congressman ryan was saying in his exclusive interview. when you look at the president's health care plan they had about several hundred billion dollars in savings on medicare. the bottom line is the romney camp says those were cuts as well. >> and the first lady joined the president on the trail, right? trust me, she did. ed henry on the bus and quiet this afternoon. thank you. and a man faked his own death with a man's health. the dad said it was all the son's idea. it is your fault and it is your fault, well, she is did.

no, not. lawyers get into it all next. and our steve carrigan got into syria to see the fighting firsthand. we will get that report coming up.

just into fox news, a military test launch designed to fly six times the speed of sound, but the flight ended prematurely. we have an animation of the vehicle, and there it is on top. they call it a wave rider. the pentagon has -- there you go. it has been funding research on hypersonic aircraft for its potential to out run attacks and deliver missiles on others in a matter of minutes, amoung other reasons. according to the military, the wave rider took off from an air force bomber over california. just 15 seconds after it separated from the booster rocket it reportedly lost control. officials are now investigating what caused it.

it is supposed to go from the equivalent of los angeles to new york or new york to london in less than an hour. wow. syria's government responsible for war crimes in what appears to be state policy. that's the conclusion not from us, but from a team of united nations investigators. they blame the regime for crimes including unlawful killing, torture, arbitrary arrest and detention, sexual violence, indiscrime net attacks and pillaging and destroying of property. rebel fighters committed war crimes, but they do not approach the frequency and scale when compared to the violence perpetrated by the syrian army. and we are getting an up close look at some of the rebels in action. these snipers you can see here stationed inside what looks to be some luxury home, and you can see a chandelier on the side of the picture. and here is one fighter taking aim of half of the city.

it has been the battleground between the rebels and government troops. meantime, some rebel groups have claimed responsibility for a massive explosion not far from the military come powbd and a hotel that houses u.n observers. they say the attack wounded three people, but none were u.s. monitors. steve herrigan streaming from the syria-turkey border. he got in. hello, steve. >> shepherd, we got in when you cross the border behind me. it is syrian rebel fighters who stamp your passport. we can talk about what we can confirm and saw it with our own eyes. it happened a few hours ago. that's when the syrian government warplane dropped two missals in a civilian area. when we came out to the carnage, here is what the scene looked like.

you can tell the emotion here where just minutes ago the fighter jet dropped there. >> that man who was screaming lost six children. it was an incredible scene there. you saw family members trying to pull wounded or other family members out from under the wreckage. he saw blood all over the -- you can see blood all over the concrete and an angry and volatile crowd. they started throwing rocks at us, and we had to leave. this was not a battle. this was a government warplane on a sunny day and dropping two missiles coming back a second time with another payload into civilian territory, civilian buildings blowing up half a block and killing at least 30 civilians. shepherd, back to you. >> including that man's six children, a government bomb dropped on children and murdering them? >> shepherd, these were houses

, apartment buiings just really ripped off. we picked the town to go in because we thought it would a safe place. there hasn't been fight thrg in a month, very low rebel presence. it is hard to imagine the brutality and why this happened. a government plane making two circles, dropping its payload twice and really taking out a city block killing at least 30 , probably wounding several times that, shepherd. >> absolutely incredible. steve herrigan, thank you. we watch this every day. i was with a group of smart people. one person said, i am so sick of you talking about syria all the time. nobody cares. you know what is happening? the government is murdering its own civilians, and it has been for 18 months. i am not saying we need to get in there with the military and do something, but we so callusly stand by as a government murders its people is unthinkable in 2012, isn't it? >> absolutely. there has to be a wake up call and there will be. >> why are they doing it?

why is it happening? >> why are they murdering their people? because their people are trying to overthrow their government. they are not happy with a dictator who was running the country. now, a lot of people have gotten in the mix now. 24r* are allegations that members of al-qaeda are there and all the rest, but that's how it started. the pressure has been on al-assad as he murders his people. >> the question is does the u.s. want to get involved? officials will say in the middle of a civil war in syria, it doesn't think it can help. this could be a huge thing in the whole region, and do you want to be in the middle of that? and the answer from the u.s. is no, we do not. >> the thinking is that if the u.s. military gets involved, that starts a wider regional conflict, and it doesn't help anybody. >> shepherd, there are concerns the conflict is already growing. they are getting proxy fighters from other countries. the brutality just a few hours ago, i have never seen

anything like it, for a plane and not even in a battle to drop two missiles into civilian houses, why, what is the military purpose? what is the gain there? it is only to inspire terror in an entire village. >> steve, you covered wars all over the world. >> shepherd, we have seen a lot of brutality in the past, especially with the rush commons and the chechens. it was often in the middle of battle, and there was reason behind it. this is the first time we have seen something without reason. why in the middle of a wednesday afternoon a warplane drops two payloads on civilian buildings. there is no shot coming from the ground. this was not a fight. this was not a battle. this was a high-tech murder we saw today. >> a high-tech murder, and steve herrigan on the ground. thank you, steve, and your crew so much. we sit and talk about these things and we always have to say, we can't confirm any of

that. have any idea how frustrating that is. something has to be done. >> the men who leaked hundreds of classified documents, the man i should say could soon find himself getting an asylum on ecuador. even if he gets it there could be another matter. he is julian assange. how will he get out of britain without cops putting handcuffs on him. that's next. and a lawsuit over lunch break. some at&t workers say they are not allowed to read, listen to music or hear -- or get heat or air conditioning on their lunch break. one plaintiff says it is no break at all. they want the company to pay. syria murdered 30 some cut-rat. [ kyle ] nope, i've got...

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the president of ecuador is shooting down a report that he decided to give asylum to the wikileak founder julian assange. the report appeared in "the guardian" in the uk and its on-line editions. we read it here. in response the ecuador president sent out this tweet, thank you, mr. president. rumor of uh sigh lem for uh -- asylum for assange is unfounded. julian assange rewheated the message to on-line followers. he has been hiding out in ecuador's london embassy since

june where british police can't touch him. assange is trying to avoid extradition to sweden where he faces sexual assault charges. he denies the accusations and applied for asylum. he says the charges against him are politically motivated and retaliation for leaking the hundreds of thousands of see yet u.s. documents on his whistle plowing website. the chief correspondent, when will we get the asylum decision? >> he is meeting with his advisors today. the decision on giving asylum to julian assange, and he says it will be before the end of the week. raphael correa says it could be what he sees as alterior motives on the part of the united states. listen. >> this has to be carefully considered. we must review the swedish process. we must take in consideration

his extradition to the u.s. that a secret court could be awaiting him there and he risks the death penalty. there is a lot of information that needs to be processed and analyzed so we can take a good decision, responsible and sovereign. >> apart from one comment by one republican coming man, we cannot, by the way, find any reference by anybody in any official capacity here in the united states to the idea that julian assange could face the death penalty if he ever was brought here in any case. >> the thinking is he chose that country because of that country's president clearly anti-american stance. >> he wase lected president in january -- he was elected president in january of 2007. within days of taking office, he decided for instance that he was going to close down u.s. drug inter diction operations out of the airbase on ecuador's coast with a very important drug -- anti-drug war base for the united states. he then went ahead and closed it down.

we went to ecuador to talk to the president after that. he told me at the time very sarcastically, he loved american foreign policy because it was that foreign policy that was causing the election of so many left itses in -- leftists in south america. if he does want to stick a thumb in the eye of the united states and grant julian assange asylum, there is one thing that will say he will do it and another thing to get out of the ecuador embassy and make it to any airport without the long arm of the british law getting hold. >> can't imagine that happening. >> assange, still love saying his name. great tie, by the way. >> thank you. the director of research and senior fellow at the foreign policy at the brooklyn institution. it is a nonprofit organization. what do you make of this? >> hi, shepherd. i couldn't help but comment that jonathon's report was excellent, your conversation with him. if the president of ecuador was looking to create big anti-american movement in south america, maybe this is

what he is sort of resorting to as all that is left. besides himself and chavez and castro, there really hasn't been any big such weight. there are people who are more ambivalent with close ties to the united states. it has been a good decade, and it is not a partisan comment. it has been true under bill clinton and barack obama. he is looking for a cause. he is a rebel without a cause at this point. this would not be the end of the world. he probably couldn't get to ecuador, and even if he did, as long as he didn't resume activity and have access to class pho cation, it would not hurt our securities. >> it was astounding to me, the headline on the guardian yesterday, i was reading it in the daytime yesterday and i was surprised the american media haven't jumped on this

yet. it feels like the thing we can all play with. i don't know how julian assange became a boogie man with one section of the population and hero with another. >> it is about when and if we should ever tolerate the leaking of classified information. it has become a big issue in the last couple months with some of the discussions of computer viruses in iran. my main critique of assange exprkts way to make this point very strongly is if there is some secret about american intelligence that needs to get out, you should make it extremely specific. you should try to get that information out. you should not leak hundreds of thousands of documents that hurt a lot of innocent people at the working level, and a lot of innocent people outside the united states. has high -- that's hooliganism. that's why assange has been so harmful in terms of not only

american security, but just in the terms of the foreign policy debate. it is not a serious way to help contribute to the public debate. even if you think some information is over classified. >> well said. mike, it is always a pleasure. thank you. >> thank you, shepherd. cops say a new york man tried to fake his own death to collect the insurance money. now the guy is saying the insurance part of the plan was all my son's idea. that's next. also, firefighters are spread thin across the american west. dozens of fires are burning. this is going to get worse. there is no way because there is no rain coming not for days, not for weeks. if the history books are right, not for months. a live report coming up. [ male announcer ] it's simple physics...

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they will ask an appeals court whether they can forcibly make him shave. the reason the shaving matters is because in the military you have to be clean shaven, that's it, no matter when -- what you do, even at a trial. he won't shave. they want to make him shave. so court is on hold. joyous. smie wildfire -- wildfire alert. crews are battling 40 different fires engulfing homes and forcing evacuation usa cross the american west. look at that picture. that is a trailer up in flames in central washington. the wildfire there has reportedly burned some 70 homes. if some of the locals start rumaging through the damage, others are not sure if their homes are still standing. >> it just takes one cinder and a shift of the wind and we have to get our animals out. it is awful. you can't even explain what is going on in your mind.

you are sick to your stomach. >> i bet they r. you can see some of the workers helping the animals. would you look at this? helping the animals get out so they don't die in all of this. crews are facing a tough challenge from a combination of strong winds and extremely dry air. hundreds of firefighters are using air tankers and water-dropping helicopters to battle these flames. firefighters say rescuers had to airlift at least one person to a nearby hospital for severe burns. adam howsley is covering saint huh lena in the napa valley. >> there is a major fire burning in every single western state, and of course in california there are multiple fires burning. the fire near us here in northern california in lake county. a thousand firefighters are getting a ham of that. hundreds of homes and structures have burned and thousands of others have been threatened. still taking into this account we have two months without rain. it does president normally rain until -- it doesn't

normally rain until october. firefighters are taxed and spread thin and already tired. homeownershomeowners who have been spared thanks to this fire fighting efforts say they are lucky. >> that was on fire and that was on fire, and those people's house. we were literally running for our lives. >> no water. nobody fought it. it is amazing. >> it is amazing for a lot of homeowner who are lucky in california. you talk about the eastside of the cascades. it burnt down in some cases 20 miles an hour at times because of the winds. now, the entire west is not facing the tough winds, but they are facing extremely dry conditions, and the heat has come back. they had a reprieve for a day yesterday, but much of the west once again is reporting hot temperatures. the worry for the next couple of days is now dry lightning strikes. that's in northern california and oregon and also increased winds in someplaces where they haven't had them yet. shepherd? >> adam howsley in napa

valley. thank you. if your boss gives you 30 minutes for lunch, but doesn't let you drive far or read, does it still count as a lunch break? some at one company are suing over this issue. let them have lunch. that's next.

now this story has been everywhere. there is a guy from long island who faked his own death, they say so he can collect more than $50,000 in life insurance. $50,000 to fake your own death? >> doesn't seem like a lot, does it? >> is it really worth it? >> go earn your money. >> p coulds arrested him so

take a look at him. >> doesn't he look a little out of it? >> you have been abusive all these years, is that not true? >> do you have a bathing suit on? >> does he have a bathing suit on? is that what he asked? >> he might need a bra. >> listen. >> watch your back, watch your back. >> i was hoping for more ridiculous questioning. >> anyway, his wife thought he drowned off long island around babylon and started making plans for his funeral. a few days later she learned that her husband was very much alive, but in florida. it happened after he apparently tripled his life insurance policy. police arrested him today at the hospital where he was

getting psychiatric treatment. cops arrested his 22-year-old son. now here is another story. the story -- the son was arrested last week. attorneys said the son was a victim of manipulation and abuse. the father's lawyer blames the son. he says the father only wanted to go missing, but the son wanted the insurance money. isn't this a fine babylon, long island couple. >> what a family. >> i know people from babylon, and they don't obviously know these people. defend the indefensible, please. >> we will bring it out there, insanity. look, he lost his job, he put up his house for $550,000 right after that, gave up away his suits. he was obviously troubled. he did tend to cash in on the insurance money. it was all about his son. i checked myself into this psychiatric hospital, and

therefore mea-culpa. i am crazy. >> when you look at the evidence in this case -- >> the evidence sometimes muddies thing. >> the whole host of e-mails that the wife that he disked, that was his biggest mistake like the moron briggade. >> what did he call her? >> the b-word. >> you said you were going say it. >> she gathered up the e-mails where he is giving his son blow by blow instructions about what to do in the wake of the -- >> wait, explain that to the people. tell them about the e-mails. >> so the e-mails -- i can absolutely explain it. the e-mails are him instructing his son, wait x amount of time until you make this phone call. call uncle so and so and tell him this. there are actual instructions to the son as to what to do once the alleged report is made.

it was that he drowned off the coast of jones beach. >> but all of this is known publicly? let's see what the jury actually hears. we know from the o.j. simpson trial lots of evidence you gather don't necessarily make it before a juror. and if they can make it an argument, he is insane and none of the e-mails come in, he may get off. >> if things go bad, jonathon, and you feel like you need to pretend you drowned, do it for more than $50,000. >> $50,000 barely buys you the ticket to florida these days. >> he could sit in jail for 15 years is what he is looking at. >> oh my god. more on melky cabrera coming in. just in, the giants slugger former yankee great melky cabrera says he accepts his success speption -- good of him to accept it. and he says he is sorry after he tested positive for drugs. i don't want to be sin cynical he is sorry that the test came back positive, but not sorry he is batting .347, just a guess.

he says, quote, my result of my test is for using a substance i shouldn't have used. he is fessing up. i am deeply sorry for my mistake and i am sorry to my teammates of the san francisco giant organization and the fans for letting them down. she suspended for 50 games with no pay saying drug tests showed evidence of testosterone. he apologized, and he said he shouldn't have done it. >> why are they doing it? they know they will get tested. >> maybe to bat .347. >> but what is the risk? >> it has to be fun batting .347. >> do you think the fans care? >> i would love to bat .347, but i ain't sticking no needle in me, not happening. >> i like major league baseball's testing policy. a lot of other sports to -- sports should do that. >> they are serious. they are catching them and suspending them. they are not giving them pay. no pay. >> but it stops.

>> we'll be back. [ male announcer ] this is sheldo whose long day setting up the news

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okay, we are wrapping it up. the dumb criminals file that gets thicker every day around here. today we head to pennsylvania. outside of the berg. a man named david allen thompson showed up at the police station over the weekend to talk about an undisclosed issue. the officer who spoke with thompson says he briefly left him alone in the patrol room. a couple minutes later their business was finished and thompson left. after that the officer noticed that something was missing from the room, a bag of marming marg seized -- a bag of marijuana in a separate case. it did not take long for police to figure out apparently what had happened. the officers caught up with thompson a short time later and he took the bag of pot, and it didn't smell so good. >> great defense. >> do you press charges? >> it depends on where we are.