>> we work with over 40,000 wounded warriors and family members from these conflicts. warriors who have severe injuries, burns, amputations, traumatic brain injury, combat stress, who rely on their disability benefits. we know while we can't replace their disability benefits, we can at least provide them with some means of support to buy necessities, pay their bills, feed their family until this government shutdown ends. >> it's a big pledge for a very good cause. that does it for us. >> evening. i'm erin burnett. we begin with breaking news. no vote. a house deal on the debt ceiling and the government shutdown has collapsed. republican leadership cannot find the votes to support the latest plan that would reopen the government and raise that debt ceiling. of course we're about 48 hours away from hitting it. the clock is ticking at this moment. this would be the country's first-ever default on the nation's debt if it to were happen i want to go straight to

dana bash on capitol hill. what's the latest? there was a deal in the senate and then in the house and that got rejected. another deal. now no vote. how significant? >> reporter: it's hugely significant for some reasons. let's start with the latest, the decision which was made official moments ago after a meeting down the hall from me in the house speaker's office with members of his leadership deciding formally they will need not to have this vote tonight. not just pull the bill from the house floor but i'm told this bill is now dead and this is significant first and foremost because this was supposed to be the last olive branch, erin to conservatives. the last olive branch that house speaker john boehner was going to give to them to say look we'll try one last time to pass something in the house before the senate works its deal over there. and he couldn't get the votes needed from conservatives here in the house in order to do that and he has been work -- we've

watched members of his caucus go in and out of his office all late afternoon early evening as he clearly and probably other members of the leadership are clearly trying to twist arms get the vote but if you do the math it means they lost about 17 house republicans. they clearly couldn't rely on the fact that they would get any democratic votes. so house speaker john boehner is once again frankly in an embarrassing state and also in a state where he just doesn't know what's going to be next. more importantly the congress doesn't know what's going to be next. we assume it will be the senate but it's really fluid and up in the air. >> what is next? at this point october 17th is the date we cite. there's more time than that. but is there anyway that this would to be done in time? because it sounds like from what you're saying the answer to that question is no. >> it's not necessarily definitively no but this makes it harder to not bust through that october 17th deadline.

assuming the next move, the only move is for the senate to retake up the framework of the deal we talked about last night that the democratic and republican leader worked together on, assuming that is revived, then they are going to have to work through the process and find a process to expedite that. the assumption is they can get the votes but we were told, erin, late today, that deal wasn't finalized and there were questions about whether or not they could finalize that and that's why they were hoping the house would do its job, work its well and move like a fast train over there. but this train has stopped and literally off tracks right now. >> of the tracks. dana bash thank you for. our second story out front what does this mean for john boehner. is his speakership over. a republican to call on his party to stand firm. tim huelskamp joins me now.

obviously just heard dana reporting. no vote tonight. this was the speaker's last olive branch to people like you. did you reject it? you were going to vote against john boehner? >> i was going to vote against the bill. it raised the debt ceiling again with absolutely no spending cuts, which has been par for course in washington, d.c. but also the real issue is we heard starting 24 hours ago harry reid was going to send a bill out. that's not happened. they hadn't sent anything out for 14 days. the president doesn't have any proposal on the table. i just think most be folks understand october 17th is not the drop dead date. no payments due for a couple of weeks. it's time for us to get our act together and move forward on facing the fundamental problem of spending too much money. >> do you think speaker boehner doesn't deserve to be speaker any more? what happens to him. >> he speaker and we'll come in tomorrow and continue to discuss. but harry reid cannot pass anything through the senate. the president is not proposing

anything. the president has a great opportunity. he said no, no, no, no for 14 days. he's had months to get ready for october 17th. he has no plan. i'm guessing we'll sit down tomorrow in the house and come up with a plan that will be a short term debt ceiling and give us more time to address these issues. but at the end of the day obama care is a massive drain on the economy and going create massive deficits we have to face that as well. >> what i don't understand it sounds like you're saying the same thing that you were saying a couple of weeks ago, five days ago that you want to extend the debt ceiling but obama care has got to go. we know obama care isn't going to go. at any point you have to vote for or get out voted on a deal that doesn't include getting rid of obama care. that's the reality, right? >> i don't know if that's the reality. most americans agree with me and house republicans that members of congress shouldn't have special exemptions from obama care.

that should be a done deal. >>on boehner put that in the bill that you said you were going to vote no too. got rid of those exemptions is our reporting. >> there are many parts as well. this idea that harry reid and the president liked to talk about obama care as the law of the land they provide exemption after exemption and so we agree obama care has to be changed. the question is the president willing to treat the rest of americans as he's trying to treat big businesses. it's a fairness issue and we've been discussing that for two weeks. we looked forward to harry reid having a vote on that issue putting his red states democrats on the line. >> i'm trying to understand why you vote against the bill the speaker had on the table because obviously that no vote and this getting shot down tonight could be hugely significant. that fairness issue on the table members of your staff would be treated the same as americans. deal with the fairness issue. why would you vote against it.

>> it would raise the debt ceiling. hundreds of billions of dollars. >> any deal will have to raise the debt ceiling, sir. >> the deal we tried to offer a few weeks ago suggested no we can raise it for a few weeks but not to raise it until next year and another 300, 400 billion dollars of debt. americans want to face this problem and the problem is not that we can't come together it's a problem we have folks that don't want to ever cut spending which is why you have to raise the debt ceiling. that's real issue. president has no proposal. he does not want to reduce spending. we're at logger heads until he's ready to negotiate. >> you'll vote for a bill that extends the debt ceiling for a couple of weeks. >> in exchange for significant changes in reduction in spending. the cr debate is about obama care. it's a huge hole in our spending. it's going to great massive deficits about 50 billion more dollars to spend in the next year alone. $800 billion in the next decade and you can't balance the budget unless you deal with your brand

new entitlement that's unfunded. >> people say it would cut spending. >> the cr disagrees with that. i won't let that pass. the cr disagrees with that. the only way it cuts spend is if you raid medicare. the president and harry reid won't raise medicare budget deficits often years will be increased $800 billion because of obama care. that's a fact. >> you would be willing to make cuts, i want to make it clear to those entitlement, things like medicare. >> we have had those votes. i've had those votes on numerous things. yes i will. we have to make some changes nine order to look to balance our budget. the debt ceiling is not the problem. the problem is the spending that continues to attempt to exceed our ability to brother. at the end of the day folks not only in america but around the world should be worried about out of control too much spending going on in washington. that didn't start yesterday or five years ago it's been going on for decades. now it's time to solve the

problem. >> just as a tweet coming out from your office, i'm assuming you sent it yourself. you sent it to senator ted cruz. where are we having dinner tonight. i guess two questions four. one, you're going to dinner with ted cruz. do you agree with people who say ted cruz has been the cancer at the center of all of these negotiations? whether you agree with his principle or not that the strategy has bean big mistake? >> there seems to always be interest in washington, d.c. and the chattering class about who eats super with whom and that's a little joke that apparently is inside the beltway media might get and rest of america misses. ted cruz and folks like myself represent average americans that are worried about their future. they don't like obama care. they know what it's going to do. it's getting between them and their doctor. we're talking about millions of americans don't like obama care

and they should be represented here. they should have their say and they are demanding members of congress, the president of the united states and big businesses should face the same obama care requirements that they face and that's a basic fairness principle most americans do agree with. >> thank you very much. we appreciate you taking the time senator huelskamp. >> we'll be joined by senator manchin later tonight. part of the group trying to get a deal done that got shot down today. we'll have him coming up later in the program. our money and power tonight is what's going to happen in the market because it seems to me at this point the only thing that will get people like representative huelskamp to get a deal done is when wall street forces them to. stocks did fall today on the failure to get a deal done but it was only the first drop in five days. after markets formally closed the credit rating agency fitch put the united states credit rating on watch for a downgrade.

not the same thing as an actual downgrade and two years behind the big downgrade from s&p which was truly significant. but still tomorrow is a day before the deadline and there is going to come a day when markets may move and dramatically so. brian from wells fargo joins me. brian let me ask you this question. markets understand all the nuance here right out of capitol hill you get a huge drama on one side or the other. the fact is this when this big bill to bail out the economy during the financial crisis people might remember it as t.a.r.p. when it got voted down the market sold off 800 points. could we be in for a quote one quote capitulation like that? >> well, erin first remember it's hard to use the t.a.r.p. analogy just given the fact our economy is in a different setting now than we were back five years ago. that being said, though, looking at markets, could we have a pull back. sure. is that a possibility. absolutely.

the s&p is up 19% year-to-date. what i'm looking at and i'm a market watcher and from that perspective what you have is a market that's pricing it as it stands right now, some sort of kick the can, some sort of deal strategy getting done to avoid a potential default on debt. now that being said we are, obviously, in for sorry you know, turmoil. clearly we've looked at no less than five or six headlines over the last couple of days that's rattled averaging intradition day.

you look at the front end of the treasury market, four week notes -- >> the government would have to pay right away. >> right. they were negative at the end of september. they were high as 51 basis points last week. they are 46 today. yes you have the short term treasury market showing a little bit of stress there but right now the market mood is really still considering a deal potentially on table and it doesn't have to be by the 17th deadline as many people pointed out. >> which is an important point. 46 means point 4.6%. cheap for the u.s. government to borrow. brian, to your point that the 17th may not be the real day. do you think that there is going to be a day when the market sells off dramatically or will washington not be giving that signal. that's the bottom line question. >> well, i think there's definitely possibility for that should things really come to a head.

let's hope we don't get there. i think from an investor perspective as you look down this path, the key thing here as a long term investor and we advise our clients is looking at this, trying basically set up for the most likely scenario not the worst case scenario. from that perspective looking at your long term strategies -- you have parts of your portfolio done exceedingly well. to rebalance wouldn't be such a bad idea but if there is turmoil our viewpoint is if there were to be some it would most likely be short-lived and if anything we don't think it would do long lasting damage to the economy and so from that perspective i would want to be looking at that as a potential opportunity for at that lot of foreign minister our viewpoint still sitting on the sipd lines with fair amount of cash that hadn't really averaged in or worked in given the upside scene of the last few years. >> brain, thank you very much. interesting from so many in the markets we hear this push and pull. they are worried about a crisis some sort of a catastrophe and yet also there's a calmness, there's a sense that this is the united states and there is a sense that these deadlines are perhaps not all they are cracked up to be. we'll only see as the next two trading days happen what's really the case. still to come the war of words continue. democrats say the republicans latest plan to e the shutdown sabotage. we'll speak to a democratic senator trying make a deal. the headline is after this house failure that the senate gop staffers tell us they are rolling up their sleeves. senate expects to get back to work tonight.

plus a story we first brought you yesterday a teenage girl accuses another student of rape. then authorities drop the charges. tonight we continue our coverage. this town sheriff comes on the talk about why. we play a secret recording for the first time recorded by the girl's mother. for the second day in a row an explosion at lax, los angeles airport. when does a prank become a threat and bizarre story out of asia where a politician has lost his job because he got a piggyback. ♪ norfolk southern what's your function? ♪

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our third story out front security scare at los angeles airport. the lax airport, the sixths abouty -- busiest in the world. dry ice has exploded, a second in four days. detectives are investigating how they could have gotten so close to airplanes. >> reporter: security at los angeles international airport is tight after two bombs made from dry ice and plastic soda bottles exploded in restricted areas of two different terminals sunday. a third was found undetonated on monday. the first blew up in a men's room accessible only to employees. a second on the tarmac. no damage was done. >> the message is we treat this as seriously and carries the same weight as a pipe bomb with shrapnel. it's a destructive device. the he did to nafgs destructive

device is a felony. >> reporter: this is what can happen when a dry ice bomb can be placed in a cinder block. dry ice is found easily at airports. soda bottles can be found at any store. the bombs were left by an employee. at the bradley international terminal location of the second and third bombs extra security is in place including heavily armed federal agents. investigators say they do not suspect a link to terrorism. flights impacted loin briefly. by tuesday morning operations at lax were back to normal and most travellers we spoke with weren't aware of the dry ice bombs or weren't worried about it. >> was it supposed to do some damage? >> doesn't sound that bad. besides we got a big vacation planned. >> reporter: complicating the investigation there aren't as many security cameras in restricted areas of the airport as there are in public places. >> it does reveal a vulnerability that we'll shore

up and is that you have cameras in public access areas. we should have cameras in restricted access areas to maintain the integrity of the security skm. trip to deputy chief said he's confident those responsible will be caught. er and the lapd will seek jail time. thanks to casey. still to come did this marriage end in murder? why prosecutors believe a prominent doctor and lawyer murdered his wife. plus the latest from the government shutdown. right now the very latest we have is a senate source saying they are rolling up their sleeves and getting to fwhooirkt. we'll be joined by senator joe manchin. he'll be our guest on "outfront". la's known definitely for its traffic, congestion, for the smog. but there are a lot of people that do ride the bus. and now that the buses are running on natural gas, they don't throw out as much pollution into the air. so i feel good.

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our fourth story "outfront" a marriage ends with murder. jury selection began today in the trial of martin mcneal a prominent utah doctor and lawyer accused of killing his wife. they say he gave his wife a deadly mixture of prescription drugs so he could continue an affair. jean casarez is "outfront". >> reporter: the mcneal's lived what seemed to be charmed life yet their almost 30 year marriage came to a tragic end one april night in 2007. >> sir, i can't understand you. can you calm down just a little bit? >> need help. >> michele was found dead in her bathtub in her home by their

youngest daughter ada was 6 years old at the time. mcneal allegedly killed his wife so he could be with his mistress. he says she accidentally died. prosecutors say they will show evidence that he poisoned her with an overdose of medication when she was recovering from a face lift. a face lift prosecutors say he forced her to have. medical examiners found a powerful cocktail of drugs including valium, percoset and ambien in her system. >> i'll say we're aware of the challenges we face in this case. but we make no excuses. >> reporter: since her mysterious death michele's two oldest daughters have been showing up for pre-trial hearings in support of their mother and accusing their father of the unthinkable. >> my mother is just a wonderful

human being. she deserves justice. she should never have trusted my father. >> reporter: among the state star witnesses will be at least one of his daughters. part of the effort to send him away for life. prosecutors say mcneal was carrying on a year long affair with gypsy willis who moved into the mcneal home as a nanny shortly after michele's death. >> my mom deserves this. she deserves justice. my father orchestrated this whole plan in how to murder my mother. >> reporter: mcneal has pleaded not guilty to charges of first degree murder and obstruction of justice. he insists his wife's death was an accident. and that want he was at work the morning she died. >> jean, you spent all day in court today. what kind of jury arer with looking at?

>> well, erin, i want to tell you they are still in there, all the prospective jurors are being individually questioned. it's taking a long time. when i asked the attorneys what kind of juror do you want, they give me the answer, we want an impartial and a fair jury. if you look a layer deeper this is about a mother, a mother who loved children. prosecutors will look to mothers. this is also a man who says i didn't do this. anybody who has been accused of something in their life that they didn't do the defense may look in that direction. this case involves surgery. it involves prescription drugs. it involves infidelity, a defendant that cheated on his spouse. both side will have to weigh and that's partly what this individual questioning is all about to find out how they feel about those issues more or less, how much they know about this

very high-profile case. >> jean, thank you very much. jean casarez reporting on that tonight. still to come tensions running high in the middle east. united states and iran meeting to discuss the country's nuclear program. israel holding major air force drills. plus a story we first brought you last night. a teenage girl accuses a popular football player of rape. the charges is dropped. the girl's family said they were run out of town. the sheriff is "outfront" tonight. one of the strangest stories with a politician losing his job because of a piggyback and news on the deal in washington, no dale in washington, joe manchin is our guest right after this. when we made our commitment to the gulf, bp had two big goals:

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our big story "outfront" is the breaking news tonight no deal. there will be no vote on a deal to extend the debt ceiling and end the government shutdown in the house tonight. a republican plan to do that collapsed. john boehner not able to get the votes and it was the conservative arm of his party that turned him down. now source in both parties tell our dana bash that the ball is back in the senate court. just two days before the united states could possibly default on the nation's debt for the first time. a spokesman for majority leader senator harry reid tells cnn and i want to quote him. senator reid and senator mcconnell have re-engaged in negotiations and optimistic an agreement is within reach. this is important.

this statement happened just in the past half hour as it fell apart in the house. we've seen it move quickly back to the senate. senator joe manchin was an integral part of the deal making in the senate part of a small bipartisan group that was trying to get a deal done. good to have you with me senator. i appreciate you taking the time. obviously this reporting now, harry reid, mitch mcconnell re-engaging in negotiations. is that the case? will we get the next deal out of the senate? >> i think so, erin. it's the right place for it to be. i think they let the house, you know, financial matters come from the house first since they weren't able to move anything, it's the senate's job right now to make sure we step in to do the job we're supposed to do. we need to quit being democrats and republicans and start being americans first. we're at a crisis. we're at a difficult position right now. we got to make that happen. tomorrow is the day to make that happen. >> up say tomorrow. let me ask you this question. i had a market guest on earlier

saying he doesn't believe the october 17th is the be all end all deadline. but we both know the market could suddenly sell off at any point at this time and that would force your hand and others in washington. how quickly can you get a deal? >> let me tell you. first it's very clear you're not going to have the extremes the right or left. you won't that have extremes on either side. democrat, republican, whatever. if people can't become americans first and do what's good for our country and come back to the middle that's where we got to be tomorrow. we can get this done if it doesn't run out the clock in 30 hours procedural votes. we're hoping people can say listen vote your conscience. leapt those of us willing to move our country forward teen put our country first let's do it. let us have that vote. i hope that will happen tomorrow. >> let me ask you because we just had representative huelskamp as you know a conservative member of the house

he was going to vote against john boehner tonight and john boehner had a little bit of obama care on the table. he was going to say people in washington on capitol hill and in the white house have to play by the same rules on health care as everybody else in the country. representative huelskamp that wasn't enough. that wasn't close to enough and he was perfectly happy they say he would vote against that. john boehner didn't have the votes. how you could get a deal in the senate. >> i think basically the leaders of both the house and senate are going to have to lead and come to the middle. you're not going to get the right and left. people basically putting all their special interest ahead of the good of this country we're work about keeping our government open. and fixing the finances of our country. that's what this is about. there's things i don't like about obama care. there's things i don't like about an energy policy. i won't hold this country hostage and have millions of people suffering because of what i like and don't like. i came here to represent the people and do the before the i can for my country and the state of west virginia.

i'm going to do that. i hope our leaders will move ahead. you can't worry about those who are looking for a reason to be against something. you better find those of us who are for something. >> up think there's enough of you. >> do i. >> also in the house where john boehner couldn't get the votes? >> i've been told if they had a clean cr vote two weeks ago we would never have shut down the government. but we got to move. you got to move in that want middle direction and find out who is on board. you can't worry about the hastert rule and this and that and everything else. this is about our country. people are sick and tired of the politics being played. i tell people back to miami think the view is ugly from where you're sitting you ought to try it from the front row seat where i am at. this is not what we signed up for. we didn't come here to invoke pain upon citizens that we take an oath to represent. we came here to make their lives better and great opportunities and we better start doing our

job. >> aren't we back where we were two weeks ago? >> not really. you got reid and mcconnell. they started moving. i understood that stopped today and i guess senator mcconnell wanted to see if john boehner and the house could do something. they couldn't. they started their talks again. there's 14 of us. susan colin, myself and seven republicans, six democrats and one independent. we have been working very, very strong and very good together. we're ready to go. we stay together. we're going to continue to be together. so there's a nucleus to work off of. i understand basically what i've seen from reid/mcconnell same we're going to continue to be together. so there's a nucleus to work off of. i understand basically what i've seen from reid/mcconnell same template we've been using. i praise them for that. let's move and get it done tomorrow. >> when you say get it done tomorrow, before i go, you're saying out of the senate. >> i want a vote. >> you want a vote. we have to accept i want doesn't seem like anything even if a

miracle will get a presidential signature in time for october to 17th deadline. >> i think that can be worked out. i truly do. i'm hopeful that can still be work out. there's no way consciousable we can default. anybody think that's not a big thing or don't worry about it that's ridiculous. this is a big thing and will harm not just this economy but economies all over the world and we're not going to do that. if we do, i think they should all ask for our resignation. they should ask for all of our rear signations if we can't come together for the good of our country. >> thank you very much senator manchin. a lot of people will want to take you up on that if it does fail. "outfront" next, a girl accuses an older boy of rape. the charges are dropped. she and her family say politics played a role and they were ostracized by the community. a friend who was with her that night and the town sheriff are all "outfront".

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our sixth story tonight breaking news. tonight missouri's lieutenant governor calling for a grand jury to investigate an alleged rape by a high school football player. this is a story we first brought you last night. the charges against the football player were dropped after a few months even though the town sheriff said there was a sexual assault. then the girl and her family say they became outcasts. they claim they were forceled out of the small missouri town they had made their home. we begin our coverage tonight with anna cabrera. she's "outfront". >> still feels like a dream sometimes like maybe it didn't happen. >> reporter: after nearly two years of torment, 16-year-old daisy coleman is trying to move forward.

>> it started with moving to albany, and getting back with my old friends and my roots and that head lot. >> reporter: her brother says she's come a long way. >> after the event i rarely saw her. i was nervous about saying certain things to her. just in fear that something would just happen like she would freak out. and recently after getting help she's been a lot better. >> reporter: she can't forget what happened. she says she was raped by a fastball player. maryville is a quaint all american town that her family once loved but a town they felt turned it back on them. >> was daisy coleman a victim? absolutely. did daisy coleman deserve justice? absolutely. >> reporter: the sheriff made arrests but prosecuting attorney robert rice dropped all the charges citing insufficient evidence.

in a statement he claims the victim would not agree to testify. >> that's a lie. >> why would he say that? >> i don't know. we thought we had done everything. he never said anything else. nobody ever asked us for anything else. >> reporter: the accused walked free while daisy said she was punished. at school and online daisy said people hurled hateful words. >> like the w word, the b word. the s word. just basically throwing out anything they could. >> reporter: the family felt their only option was to move. but then this happened. fire broke out at the home they were trying to sell. investigators never found the origin. but whether it was arson or just an accident, it was a sign the coleman family couldn't ignore. now social media is burning up with outrage over the coleman story. the group anonymous has taken up the family's cause. people around the country calling for justice for daisy, a

protest planned in maryville next week. >> now here the lieutenant governor has called for a grand jury to convene. what we understand that's really intended to apply pressure for another look at this case but he doesn't have the authority to make that happen. he says that would require the attorney general and the prosecuting attorney in this case to get involved and neither of them are talking tonight. in fact the attorney general issued a statement today saying that he doesn't have the authority to override or even review the prosecuting attorney's ruling and the prosecuting attorney we've been trying to talk to for the past two days, prosecuting attorney robert white refews to answer our questions, erin. >> thank you very much. now i want to bring in daisy coleman and her mother. you may remember we spoke with them yesterday but also joining them tonight is paige. she was with daisy that night and also the victim of sexual assault. her attacker was a different boy.

he was prosecuted in juvenile court. she joins us here along with her mother. thanks very much to both of you. i appreciate you taking the time. daisy i know we spoke last night. there's been a big development. the lieutenant governor of your state now calling for a grand jury to determine whether a criminal charge should be filed now in your case and something you told me you hoped would happen and here's what he said. he said since sunday i've read with growing disnay media accounts of the daisy coleman case. the appalling facts and the public record shock the conscience and cry out that responsible authorities must take another look. daisy, this is the highest levels of your state government now involved. how does that make you feel? >> i feel great once i found out we were all standing in the hallway and we all jumped up and excited and hugged. we were all happy about it. >> and paige, let me ask you and thank you for coming on because i know and i said this to daisy

last night i can't imagine how hard it is four as a teenager to talk about this so i appreciate that you're willing to do it. the police report about what happened to you that night was very graphic. i know that you do remember a lot of what happened. can you tell us about it? >> it was just kind of a normal day. and i went over to see daisy in maryville and we had been having fun just catching up and she had texted matt barnett because matt barnett wanted to see her. so we snuck out and we went with them and we got there and i was immediately separated from her and taken into another room. and sexually assaulted after i had said no and pushed him away. >> and you weren't drinking,

right? >> after he was done -- what? >> you weren't drinking, were you, hon? >> we had been drinking before we got to the house. >> right. but not at the house. i know because i know daisy talked about how she had been. >> not at the house. >> so you really remember that horrible encounter? >> yes. >> robin -- go ahead, page. >> well, after he was done and we went out to the living room, we sat and waited for matt to come out with daisy and he opened the door, and i saw daisy and she was incoherent, couldn't talk, couldn't walk, couldn't do anything. >> and you could tell something had happened, something like what happened to you? >> yes, i could immediately

tell. >> robin, i know that i can't imagine what it's like, honestly, to have to be in your position and hear your child talk about this, but the prosecutor has released a statement, and here is what he's saying. he's saying there was insufficient evidence to prove a criminal charge beyond a reasonable doubt. the state's witnesses refused to cooperate, invoked their fifth amend the privilege to not testify. i talked about this last night with malinda and daisy but let me put the question to you, did you and your daughter refuse to testify? >> we did not refuse to testify with the felony case. we absolutely did not. we were not given any information about it, and we were not asked to testify. >> and, daisy, you know, i talked to a lawyer today and they said the only way they could think of that you wouldn't have wanted to testify would be

maybe you feared being charged yourself, that you could have been afraid of charged with under age drinking. is that possible? did that ever go through your mind? >> at one point it did, but by the time that everything came around, i thought it was worth it, that maybe if i did get charged, it would be okay because he would get something, also. >> and malinda, an attorney for matt barnett did release a statement, and i want to read it to you. here is part of it. it says, since a legal conviction was not possible, it appears some would like to try the case in the court of public opinion. obviously, an aggressive statement and damming statement, what is your response when you hear that? >> i think they just didn't do their job, and they are trying to cover. i think there is a lot of physical evidence, and i don't

see how they can say that. >> all right. well thank you very much. all of you, daisy and page, thank you both again for talking about this and, of course, malinda and robin, your mother, as well. i want to bring in darron white, you had a chance to listen to those families and the pain they are clearly still going through. i want to get your reaction who i asked daisy who was then 14 and allegedly raped. the lieutenant governor says responsible authorities must take another look, he wants a grand jury investigation. what is your reaction to that? >> well, my initial reaction would be apparently the lieutenant governor has chosen to simply, also, get involved in the hype and the social media because at no point in time has

lieutenant governor's office made any requests to see any actual reports from the sheriff's office and i know that the prosecuting attorney has not been contacted by his office, either. that being said, i would welcome someone from the outside coming in and taking a look at this case, because there is no doubt in my mind that everyone would be vindicated from all of these absolutely outrageous acquisitions that have been made by people. i can only say the sheriff's office handled this case flawlessly, as i've said before. we did our job. we responded, and we put people in jail, which is what we do. >> but let me ask you, when you saw flawlessly, you know, the police report, which i have here says there was an iphone video, on that night had video of matt barnett and daisy kissing with their pants down and malinda asked you about that during a

call which she recorded and i wanted to play that for you. here it is. >> as far as the cell phone, the video is not retrievable, you guys couldn't get anything out of that at all? >> no, nothing at all. >> okay. >> now, first of all, was that you? i want to make sure. >> it sounded like me. >> so -- >> so, yeah, i would say that was me. >> so i just want to followup on that because she asked that question and recording to a report from the office, an iphone was examined and on that iphone they found text messages, images and videos saveed to a cd. do you still have those? do you remember what they showed? i'm trying to understand where that video might have gone. >> well, i personally never saw anything that came off of that iphone, and evidence as far as phones, computers, anything

along that line, we send to the rcfl in kansas city which is a forensic laboratory that examines all of these electronic devices and their report came back there was no video of that nature on that phone. now, as far as any specific photographs, any other videos, i personally was not privy to any of that. >> all right. sheriff, thank you very much for taking the time. i'll look forward to talking to you again, sir, and thank you again for coming on and talking about this. we appreciate it and continue to cover it and cnn continues to cover the breaking news out of washington on the debt ceiling break down. get married, have a couple of kids, [ children laughing ] move to the country, and live a long, happy life together where they almost never fight about money. [ dog barks ] because right after they get married, they'll find some financial folks who will talk to them about preparing early for retirement and be able to focus on other things, like each other,

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