remember, that is the scrawling federal agency created after 9/11 to prevent and respond to emergencies such as terror attacks. so huge, huge job. who is jeh johnson? take a look at the bullet points. a 56-year-old man, a career lawyer. first federal prosecutor, and then partner at a prestigious firm in new york. from 2009 to 2012, he was pentagon general counsel, so in that job, he wrote legal justifications for drone strikes against terrorists. and also for allowing gays and lesbians to serve openly in the u.s. military. jeh johnson is married. he has two kids. he is active in party politics, serving as a fund-raiser and adviser to both the john kerry and barack obama campaigns for president. so before we see the ceremony

happening in the rose garden, let's have a quick chat with barbara starr live from the pen pentagon and briera keeler. barbara, first to you, what is jeh johnson's reputation at the pentagon. >> he oversaw a team of 10,000 pentagon attorneys around the world. very much a legal mind here. when he served, writing some of those justifications for drone attacks. speaking out publicly after he left about the justification for the killings, the targeted killings by u.s. drones overseas. killing, justifying killing of american citizens overseas by drones when they got involved in terrorist activities. very much also speaking out about the need to change the thinking about the war on terror. that it was becoming not so much a military operation but one for the intelligent and law enforcement communities to pursue. so his thinking along that all

of these, certainly and obviously, in line with president obama. so not maybe so much a surprise around the pentagon that he would be nominated for this type of job. it falls in line with a lot of his expertise. brooke. >> barbara, stay with me. brianna, let me go to you at the white house, as our eyes are trained on the door, waiting for the president and jeh johnson and the vice president to exit. we know this is a cabinet-level job so that means the senate will have to vet and then approve of jeh johnson. with that in mind, let me read you this quote. this is what we saw from influential republican jeff sessions, it would appear, says sessions, that the president plans to nominate a loyalist and fund-raiser to this post. this is deeply concerning. my question to you here is, is the white house expecting much resistance to johnson? are they expecting some republicans to try to paint him as a political crony? >> they may, brooke, but i think the real issue is that that may

be all that republicans have. what the white house -- what president obama has appointed is someone with a lot of counterterrorism experience, and obviously, the department of homeland security includes that as a priority and also border security. when you look at johnson's resume, the emphasis on counterterrorism, you may argue it's lopsided, probably not a lot of border security, although we heard leon panetta say he was involved in border security. here's the reason some people think he may sail through confirmation ultimately and that's because he doesn't have a big paper trail when comes to the hot button issue of immigration reform, following the debt ceiling battle, what did president obama say he wanted to be a priority? immigration reform. he picked someone who maybe doesn't have, you know, for instance, the paper trail you might have seen, johnson, as we expect to be predecessor, janet napolitano, a former governor of a border state, she would have had a paper trail of having a

position on that. well, johnson doesn't. in a way, it inoculated him against some criticism someone in this position could have. >> barbara, let me go back to you. something that is unique about this position is this was established post-9/11. we have only seen three people in this specific post. going back, you had ridge, chertoff, and now napolitano and now potentially this fourth. can you tell me more about what this position entails? >> why do americans care who is the department of homeland security cabinet secretary? remember, first and foremost, created after 9/11. for protection of the homeland. so jeh johnson, if confirmed, is going to be in the hot seat if heaven forbid there's another domestic terrorist attack. why didn't the u.s. see it coming? what kind of aide is there. i think they're coming out now. >> here is the president. let's take a listen. >> as president, my most solemn

responsibility is the safety and security of the american people. and we've got an outstanding team here of folks who work every single day to make sure that we're doing everything we can to fulfill that responsibility. and that means that our entire government, our law enforcement and homeland security professionals, our troopser our diplomats, our intelligence personnel, are all working together. it means working with state and local partners to disrupt terrorist attacks, to make our borders more secure. respond to natural disasters, and make our immigration system more effective and fair. addressing any one of these challenges is a tall order. addressing all of them at once is a monumental task. but that's what the dedicated men and women of the department of homeland security do every day. and today, i'm proud to announce my choice to lead them. an outstanding public servant

who i have known and trusted for years, mr. jeh johnson. we are, of course, enormously grateful to secretary janet napolitano. janet couldn't be here today. she's already made her move to her new position in sunny california. overseeing the higher education system in that great state. and i know that she's going to do an outstanding job there with the incredible young people that are in our largest state. but we all deeply appreciate the terrific job that she did over the last four and a half years. i want to thank rand bairs for his service and for stepping in as acting secretary after janet left. thanks in no small part to janet's leadership, her team, we have done more to protect our homeland against those who wish to do us harm. we have strengthened our borders. we've taken steps to make sure our immigration system better reflects our values. we have helped thousands of

americans recover from hurricanes and tornadoes, floods and wildfires. and we have worked to clean up a massive oil spill in the gulf as well as addressed a flu pandemic. in jeh johnson, we have the right person to continue this important work. from the moment i took office, jeh was an absolutely critical member of my national security team and he demonstrated again and again the qualities that will make him a strong secretary of homeland security. jeh has a deep understanding of the threats and challenges facing the united states. as pentagon's top lawyer, he helped design and implement many of the policies that have kept our country safe, including our success in dismantling the core of al qaeda and the fatah. when i dreirected my national security team to be more open and transparent about how our policies work and how we make decisions, jeh was a leader who

spoke eloquently about how we meet today's threats in a way that is consistent with our values, including the role of love. jeh also knows meeting these threats means cooperation and coordination across our government. he's been there in the situation room. at the table, in moments of decision. working with leaders from a host of agencies to make sure everyone is growing in the same direction. and he's respected across our government as a team player. somebody who knows how to get folks who don't always agree to work towards a common goal. jeh has experience leading large complex organizations. as a member of the pentagon's senior management team, first under bob gates and then under leon panetta, he helped oversee the work of more than 3 million military and civilian personnel across the country and around the world. and i think it's fair to say that both former secretaries gates and panetta will attest

the incredible professionalism that jeh brings to the job. and the bipartisan approach that appropriately he takes when it comes to national security. he's also earned a reputation as a cool and calm leader. jeh appreciates that any organization's greatest asset is its people. at the pentagon, he guided the report explaining why our men and women in uniform serving our country openly would not weaken our military. congress ended up using that report that jeh helped to craft to justify repealing don't ask don't tell, and america and our military are stronger because we did. in part because of jeh's determined leadership. i know he would bring that same commitment to our hard-working folks at dhs. and finally, jeh believes in a deep and personal way that keeping america safe requires us also upholding the values and civil liberties that make

america great. jeh tells the story of his uncle woo was a member of the legendary tus klegend a tuskegee airmen, and they served with honor even when the country didn't treat them with the dignity and respect they deserved, and it was a lesson he never forgot. we must adopt values with common sense, consistent with who we are as americans. jeh is a pretty good lawyer so he knows what that means. jeh understands that this country is worth protecting, not because of what we build or what we own, but because of who we are. that's what sets us apart. that's why as a nation we have to keep adapting to changing threats, whether natural or manmade. we have to stay ready when disaster strikes and help americans recover in the aftermath. we've got to fix our broken immigration system in a way that strengthens our borders and modernizes legal immigration and

makes sure everybody is playing by the same rules. i'm confident i could not make a better choice in jeh, somebody who i'm confident is going to be moving not just the agency forward, but helping to move the country forward, so jeh, thank you so much for agreeing to take on this very difficult and extraordinary mission. you've got a great team over at dhs, and i know they're looking forward to having you over there. i urge the senate to confirm jeh as soon as possible, and i thank you as well as your family for agreeing to serve. your wife susan and your daughter natalie couldn't be here because they're visiting jeh jr. at occidental college, which by the way, i went to for two years when i was young. a fine college. i'm sorry i couldn't be there to say hi to him. but your son shows well. so ladies and gentlemen, i would like to invite jeh johnson to say a few words. hopefully our next secretary of the department of homeland security.

[ applause ] >> thank you very much, mr. president. as you noted, my wife and two kids are not here because it's parents weekend at occidental. and thanks to the cost of the nonrefundable airline ticket, they could not be in two places at once. they wished they could be here. thank you for the tremendous honor of this nomination and the trust you have placed in me to carry out this large and important responsibility as secretary of homeland security. i was not looking for this opportunity. i had left government at the end of last year and was settling back into private life in private law practice. when i received the call, i could not refuse it. i am a new yorker. and i was present in manhattan

on 9/11, which happens to be my birthday. when that bright and beautiful day was a day something like this was shattered by the largest terrorist attack on our homeland in history, i wandered the streets of new york that day and wondered and asked, what can i do? since then, i have tried to devote myself to answering that question. i love this country. i care about the safety of our people. i believe in public service. and i remain loyal to you, mr. president. if confirmed by the senate, i promise all of my energy, focus, and ability toward the task of safeguarding our nation's national and homeland security. thank you again, sir. >> thank you.

>> jeh johnson, a morehouse man, the first african-american to hold the post if confirmed by the u.s. senate. brianna keilar, let me bring you back in as you were right there at the rose garden where we heard the president nominate this man who was the tip-top lawyer at the pentagon. do we have any idea when the confirmation hearings would begin with the senate? >> we don't actually know at this point, but it was, i thought, pretty interesting when you heard president obama emphasizing johnson's counterterrorism credentials. we talked about this before the announcement that this pick of jeh johnson keeps the powder dry when it comes to immigration reform. it's going to be a hot-button issue. republicans and democrats on capitol hill are miles apart on exactly what they want to emphasi emphasize, whether it's the pathway to citizenship, which i think a lot of democrats want to emphasize, or border security, which generally more republicans want to emphasize. you don't have a paper trail

with jeh johnson on that issue. he's done a lot more, managing i think about 10,000 lawyers in the pentagon, but he's done more for the legal justification for the targeted killings. you could argue his resume is more towards that than immigration reform, and in a way, it works as a strength for president obama in getting johnson confirmed through the senate and certainly i think a less painful way, you could argue. >> how about that? talking about how his birthday is on 9/11. he was in manhattan, walking the streets, saying what can i do? looks like the president has found something he would like for him to do. we ilawait the confirmation. brianna keilar, thank you so much. coming up, fears grow as two convicted killers walk free. >> my life would have been different if i wouldn't have saw it. i saw it. >> he saw his dad murdered by one of these two men. so where do you go when you're on the run? plus, the messy obama care

sign-ups. find out why some states are doing much better than others. and an asteroid just zipped by earth, but what will nasa do when one of them takes straight aim? stay right here. to work. make my mark with pride. create moments of value. build character through quality. and earn the right to be called a classic. the lands' end no iron dress shirt. starting at 49 dollars. see, i knew testosterone could affect sex drive, but not energy or even my mood. that's when i talked with my doctor. he gave me some blood tests... showed it was low t. that's it. it was a number. [ male announcer ] today, men with low t have androgel 1.62% testosterone gel. the #1 prescribed topical testosterone replacement therapy increases testosterone when used daily. women and children should avoid contact with application sites. discontinue androgel and call your doctor if you see unexpected signs of early puberty in a child, or signs in a woman, which may include changes in body hair

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get the blood tests. change your number. turn it up. "stubborn love" by the lumineers did you i did. email? so what did you think of the house? did you see the school ratings? oh, you're right. hey babe, i got to go. bye daddy! have a good day at school, ok? ...but what about when my parents visit? ok. i just love this one... and it's next to a park.

i love it. i love it too. here's our new house... daddy! you're not just looking for a house. you're looking for a place for your life to happen. no nail files, no underground tunnels for two florida murderers. all they needed for the successful prison escape -- forged release papers. joseph jenkins and charles walkers are now on the run. both of these men here, distr t convicted killer. both serving life without parole. prison officials let them walk out of prison. this happened, each of them about a week apart, thanks to forged signatures from a prosecutor and judge. now, the wife of the man that joseph jenkins killed reacted to the news. >> seemed like my whole world came down on me. i thought i would not have to

see them ever again in life because they had life sentences plus 100 years. and now to have to know that he's free on the streets is frightening. it's terrifying. >> incredibly frightening. lynn berry, hln, here is my first question. we know they're out and about somewhere as people are looking for them. the two of them a week apart as they leave. were they in cohoots? >> that's still unclear. they're both from orlando. police are concerned one has returned to orlando, which is frightening, especially for the family of the victim. here's what happened and it reads kind of like a tom clansy novel. the department of corrections gets a motion to release early, and a court order to have them leave prison. all of them forged by none other than judge belvin perry of casey anthony fame. judge perry said i'm not surprised here. criminals will do anything to beat the system, but the question is how is this not flagged? these guys were in prison for

life. one, plus 100 years for murder. why didn't anyone say -- >> hang on a second. this is odd. >> who did flag it is a family member of a victim. it's not uncommon for them to be notified when the murderer has been released. they called and said, what is going on. he murdered my father. he was supposed to be in prison for life plus 100 years. they investigated, found out they were forged documents, and sealed, so it seemed legit. now two convicted murders on the street. >> how often does this happen where forged documents happen and people walk? >> that's the big question. we know there is one convict that's actually being investigated for a similar crime. but we don't know how many times this has happened because if it weren't for that family member flagging this, this would have gone completely unnoticed. and so now the state attorney has said there needs to be a thorough review, which is

ongoing. and you need to realize this is not uncommon for this to happen. it's a problem. it needs to stop. forged documents are out there. and that's what's so frightening. if it's something who shop lifted, not so concerned. a convicted murderer, that's a concern. >> let's hope someone sees them and calls police. thank you very much. and also, just a reminder, watch this gal, "evening express" on hln every night, which by the way, will be showing live the coverage of the dr. accused of killing his wife. >> lots of twists and turns there. >> watch lynn. thank you. coming up, the booze bandits make off with hundreds of bottles of very fine, very rare bourbon. we'll tell you how the thieves got away with the high-priced whiskey. >> plus, was it a case of life or death or vandalism in a park? three boy scout leaders could face big, big legal trouble after moving a piece of history,

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bourbon fans. someone made off with pretty high-priced bourbon in kentucky. authorities now are trying to figure out who stole $26,000 worth of one of the rarest and most sought after bourbons in the world. what am i talking about? 200 bottles of papi van winkle disappeared from this disstillary. it retails for about $130 a bottle, but online, it could cost up to $200,000 a bottle. >> this was secure in a warehouse behind a second lock and klee. it would lead you to believe it is an internal job. it's highly sought, highly coveted. as a result, it makes it easier to track. >> internal job. hmm. deputies think whoever made off with the stash did it over the course of two months. file this under the what never ever to do. three boy scout leaders are under investigation after toppling this rock from the jurassic era.

[ laughter ] >> they're laughing. not so funny, guys, because this wra rock is millions of years old. this is part of the formations in a state park in utah. it's against the law to deface any of these rocks. one of these guys talked to our affiliate, kutv. the rock was about to fall over, he says, and could have killed someone. in washington, a man in a panda costume had a joyous return to work after the government shutdown. >> welcome, welcome. we're back! >> the smithsonian's national zoo reopened today, which includes panda cam. it's back. here you go, some of the pictures of the itty-bitty panda, the 8 week old cub packed on a few pounds since the last time we saw him. and a dangerous asteroid zipped by our planet last month and we didn't know about it. it was discovered in the government shutdown while nasa,

you guessed it, was closed. it is not due to make a return visit for 19 years, so don't pack your doomsday asteroid bags just yet. nasa says the probability of it striking earth is currently 1 in 63,000. and the odds are expected to grow even slimmer or in fact disappear all together once more is known about said asteroid. coming up next, most women who grace the cover of "elle" magazine, wear outfits that show more skin, but not this cover. the funniest woman on the planet, in my opinion, melissa mccarthy, she's fully covered, and that is where some of this controversy begins. coming up next, hear how elle magazine is reacting to the criticism, and the lovely plus sized model emme joins me, live. neil and buzz: for teaching us that you can't create the future... by clinging to the past. and with that: you're history.

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...but what about when my parents visit? ok. i just love this one... and it's next to a park. i love it. i love it too. here's our new house... daddy! you're not just looking for a house. you're looking for a place for your life to happen. actress melissa mccarthy knows how to do comedy as she proved in "bridesmaids" and "identity thief." ♪ barracuda >> oh, my goodness. i find her hilarious. while she gets praise as a funny lady, she is drawing some protested as a cover girl. take a look with me because mccarthy is featured in one of

six november covers of "elle" showcasing the top women in hollywood. a big green coat, a beautiful cashmere green coat covers much of her body. most of the other stars featured like take a look, reese witherspoon, show much more skin. we went through the twitter verse. one tweet said elle put melissa mccarthy in a big coat to hide her body. the coat is gorge, aka gorgeous, but the difference in shots is sad. however, she told the insider she enjoyed the shoot. >> really, really fun. kind of amazing. >> joining me now, plus-sized supermodel and author, emme. emme. >> hi, brooke. >> you saw this. what was your first reaction? >> i was really happy she was on the cover. i thought she personally looked incredible. there was a misstep with the choice in pictures because this is a monumental opportunities

for someone that's above a size 2 or a 4 to be on the cover of a magazine, and we love melissa. love her. >> yes, love, love. and my first reaction, too, was my gosh, she's gorgeous. and this is such a big jacket. listen, this is what "elle" magazine, they're responding to us. quote, on all of our shoots, our stylistswork with the stars to choose the pieces they feel good in. this is no different. melissa loved this look and is gorgeous on our cover. so listen, if she's happy with it, should people even be perturbed? >> i think that if she's happy -- listen, melissa -- if she's happy with it, that's great. i think this is all happening because a lot of women are so upset that, a, they're not -- they don't see themselves in covers of magazines. they don't get those opportunities to see those people who are in media, who are entertainers really frequently on these magazine covers. so when you see your icon and

even if melissa probably doesn't want to be that icon, it's our one icon or few icons you go, why is she all wrapped up? we want to see all of her and celebrate her. it's not a personal affront to her. it's more of the anger and frustration that's going on in the culture being reflected there. >> in culture, you know, people can be irked with "elle" buzz as a magazine, a business, don't they respond to the readership? what does that say about we the reader? does that say we're not ready to see melissa mccarthy with more skin. >> i think we would like whether you're a smaller or medium or larger, i think we want to see women on covers of magazines. i think that it's really important to just know that that's really what's going on in the culture. if the business, if the magazines, if the ad campaigns don't want to have diversified

images representing them, that's the other story. and i think it's the deeper issue here. >> mm-hmm. i'm sick of talking about photo shopping and big coats. let's just show these women how they are. emme, thank you very much. though i think people disagree with us. quickly, go ahead. >> on that, melissa, she is gorgeous. we hugged each other and said hi and all this. for her not to have that beautiful spark grace "elle's" magazine cover. >> maybe next time. thank you. coming up next, we are on the case. a utah doctor is on trial for murdering his beauty queen wife. and just a short time ago, the jury heard from a neighbor who remembers the day the victim's young daughter knocked on her door begging for help. you will hear that plea next. goglossophobia, is the fear of public speaking. ♪ ♪ the only thing we have to fear is...

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now to utah and that doctor on trial for murder, accused of killing his beauty queen wife of some 30 years just to be with their nanny. prosecutors say mark mcneill drug and drowned his wife michelle in their bathtub six years ago. they say he was a cold-hearted husband who moved his mistress into the family's house not long after his wife's funeral. a 911 operator took to the stand today along with several of macneill's neighbors and one of them revealed what macneill said

to her days after his wife's death. she also remembered the day she got a knock on the door from macneill's 6-year-old daughter. take a listen. >> there was a knock on my front door, and it was -- i could tell it was a kid's knock because we get a lot of kid knocks. we were in the front room, so i went to the front door. it was aida. and she just said, my dad needs some help. >> okay. do you recall what time this was? >> um, no. >> okay. will you tell us who aida is? >> aida is the youngest of the macneill family. >> okay. will you describe her demeanor? how she was acting? >> she seemed pretty calm to me. didn't seem out of breath or anything. she just said my dad needs some help. >> did you ever talk to martin after michelle's death? >> yes, we had a conversation that he told me that -- oh, yeah. >> can i ask you when this conversation happened?

>> maybe one or two days after, but i don't know for sure. >> okay. >> we were just out in the driveways, just in the common driveway part. and he said, he told me she died of some kind of heart problem, like the basketball player who just died over there on the court. and i don't remember any of the names of any of it, but that's how he referred to it, that i would know that a basketball player just died, but i didn't know that either. >> you didn't know about the basketball player? >> right, but it was some kind of heart thing. then he said that, you know, the doctor had called. they had a conference call with the doctor and made sure the family knew it was nobody's fault, it was just all natural. >> macneill says he may have accidentally overmedicated his wife after her facelift. he's accused of forcing her to get that surgery after a doctor advised her not to. some of his own children believe

he orchestrated a murder. nancy grace joins me live from the trial next hour. coming up, google, as google hits a major milestone, has a lot of experts perplexed over this one. >> plus, you remember the big heart-palpitating space jump of felix bumgarner. that happened a year ago. now they're releasing the video, the fall from space. do not miss that. and why is the obama care website such a disaster? a tech geek is about to explain what went so wrong. stay right here. i'm serious, we compare our direct rates side by side to find you a great deal, even if it's not with us. [ ding ] oh, that's helpful! well, our company does that, too. actually, we invented that. it's like a sauna in here. helping you save, even if it's not with us --

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ask your health care provider about levemir® flexpen today. google stock soaring to an all-time high. more than $1,000 a share. that's up more than 40% this year. the search engine giant is super hot after their earnings blew past expectations. alison kosik at the stock exchange for us today. what's going on? why? >> i'm looking at this stock keep on going higher and higher. it's at a jaw-dropping $1,011 a share. google is doing well because of you and me. we're clicking more on the sites' advertisements. >> you're welcome, google. >> get a little money over here, right? that's how google makes the bulk of its money. people who go ahead and click on the advertisements.

these results came after yesterday's closing bell. we saw the stock pop immediately. it continues going up today. look how well the stock has done since it went public in 2004. price of $85 a share. imagine if you bought a bunch of shares back then and sat on it until now. you would be sitting pretty now. other companies, though, took a hit like google back in 2008 because of the recession. you look at how well google has done. it's weathered a lot of storms. it's really been a straight line up. and analysts, brooke, say this stock could go up to $1,200. >> do you remember life before google? it wasn't that long ago, but the world has changed. alison, thank you. >> it's a new verb. >> coming up next, busted. an air marshal accused of taking pictures of women's skirts. shame, shame. we'll tell you how he was caught. americans take care of business.

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you know those federal air marshals who are tasked with keeping you safe while you fly? well, at a nashville airport, one was arrested after a passenger busted him for taking pictures underneath women's skirts. carol costello all over this story. when i heard this this morning, i thought, why? why do this? >> i thought much the same thing. can you believe it? a federal air marshal armed with a weapon on a plane, supposedly protecting the passengers, actually had allegedly had his cell phone and placed it down here and was taking pictures up the skirts of women as they walked down the aisle of the plane. unlucky for this air marshal, though, a passenger noticed and took care of that. >> this man right here is taking pictures of ladies going down the aisle. under their dress. and she looked at him and said, sir, are you doing that? and he said, yes. >> a passenger onboard a southwest flight couldn't believe his eyes.

>> his left hand was holding his phone, and it was in the aisle. in my mind, i said, i know he's not taking pictures of the girl as they're going by. next thing i know, lady walked by, and the phone went to the aisle, and he -- click, click, click, click. >> federal air marshal adam barge was on duty when he got caught pointing a camera up women's skirts and taking photos as they walked down the aisle of the plane. >> i looked at the guy and said, excuse me, you ought to be ashamed of yourself. you're a disgrace to a human being, to a man. i said, i mean, that's wrong. he looked at me, i said, you going to keep taking pictures of ladies as they are going by without them seeing you? and he held the phone securely between his legs, in between his knees. and looked at me, and i said, you need to turn that, um, f phone off. >> what he didn't know is the

man with the cell phone was a federal air marshal. he says when he confronted the air marshal and told a flight attendant what was happening, he tried to delete the photos. that's when he said, oh, no you don't. >> he took his eyes off me and i snatched it right off him. >> he admitted to taking about a dozen inappropriate photos. he faces a charge of disorderly conduct. he was released last night on $10,000 bail. >> so the question i have is, was this guy fired or suspended? because apparently, he admitted to doing this before. >> what's interesting you should ask that question because you would think the tsa would come right out and say if this guy is guilty of this, we're going to fire him, but they're thinking of just suspending him at the moment. by the way, we did reach out to this air marshal for comment. he's not talking, brooke. >> are we surprised? >> no. >> no. carol, thank you very much. >> sure. do you ever wonder what it's

like to jump from the edge of space? is this something you ponder? this may be the closest thing you may see to finding that out. i remember watching this, felix bumgardner, the free fall, gives me butterflies watching. he became the first human to break through the sound barrier with his own body. jumping from a capsule some 24 miles up. so now, on the one-year anniversary of that space jump, the red bull team has released incredible video showing this entire jump from several different angles. one of the cameras strapped to his chest. watch.

>> um, i just got dizzy, and i'm watching this on a teeny little 32-inch screen. can you imagine doing that? he fell through space at a speed of 843 miles per hour. coming up, forget companies in gold. you can now buy stock in professional athletes. yep, athletes. this takes gambling to a whole new level. plus, two inmates, they are convicted killers. thigh are on the run right now. where do they go? and how long can they elude the authorities who are hunting them down? stay right here. cg/úññ

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once a top five team, stanford, staring down the barrel of a must-win game.

tomorrow doesn't get easier as stanford plays host to undefeated ucla. and here's something you definitely don't hear every day. you ready? you can now buy stock in a jock. you heard me right. a new exchange allows you in a way to own a piece of a professional athlete. and the first sports star offering shares of himself, houston texan running back arian foster. >> redefine what it is to be an athlete in our generation. reinvent them as thinkers, businessmen, and ceos of their own brand and their own company. >> a start-up called fan tex is behind this and featured foster in the promotion. so how does this work? zain asher here to explain stock in a jock. how does it work? >> exactly, basically, imagine owning a piece of magic johnson before he became so big. this company is offering you the chance to do just that.

basically buy shares in professional athletes. the share price would be linked to how well the athlete's brand is doing, so contracts, endorsements, memorabilia, that kind of thing. only trading one athlete arian foster. here's how it's going to work. foster is going to be basically getting a check for $10 million in exchange, he's going to be giving up a 20% stake in his grand revenue. sort of like fantasy sports. i asked why did you pick arian foster? they said it's about his diversity to generate revenue. i asked is this going to be lucrative. here's what they had to say. >> the concept is great. i think they have a tall task ahead of them in signing up players to actually put themselves on the exchange. initially that's going to be their challenge. with arian foster, i think that that's great that they got him to actually step up and do this deal. but i think with this deal, he's

going to be the one that's going to benefit a lot. >> so arian foster is getting $10 million, but investors are taking a huge risk. what happens if he gets injured or does something to damage his reputation. share prices will probably take a hit. >> they will need other athletes to sign on as well. >> they definitely do. >> zain asher, thank you very much. an asteroid zips by earth. and will again, so what happened? what does nasa do? what do we do if one of these starts heading in our direction? i'm brooke baldwin. the news is now. convicted killers on the run after a mistake sets them free. so where do you go if you're on the lam? the messy obama care sign-ups. some states are doing far better than others. find out why. plus -- >> wiggle it just a little bit.

>> these rocks -- yeah, not so ordinary. and now these boy scout leaders are in serious trouble. and all across america, students and parents right now panicking because their college applications may not go through. hour two on a friday. great to be with you. i'm brooke baldwin. question, and i'm hoping not a lot of you will have the answer. how hard is it to escape from prison? well, sometimes at least, not very difficult at all because florida police and sheriff's deputies right now, they're hunting these two convicted murderers as i speak. after they were accidentally released from this maximum security prison. you're looking at them. joseph jenkins and charles walker. these are the guys on the run. how they managed to escape will shock you. because it wasn't complicated. this was no shaw shank kind of

deal. this was simple. forging prison release documents. and a son who saw his father killed by one of these men reacts to the news of this accidental release. >> i said since i was 9 years old, since i was 9 years old, i said my life would have been different if i wouldn't have saw it. i saw it. >> seemed like my whole world came down on me. i thought i would never have to see them ever again in life because they had life sentence plus 100 years, and now to have to know that he's free on the streets, it's frightening. it's terrifying. >> joining me now, cnn's john zarrella and lou colombo, a former cop in new york. so guys, welcome both to you, and john, let me begin with you here. were these two incidents coordinated because this was just a week apart?

john zarrella, can you hear me? >> oh, yeah. i'm sorry, i thought you were going to you other guest. >> i'm starting with you. >> it does look like they were certainly coordinated, although we don't have any absolute evidence that they were. at this point, it certainly does. you know, brooke, the height of arrogance just within days after their releases, both of these men showed up at the orange county jail here in orlando and they filled out what are called voluntary compliance forms, and they allowed themselves to be fingerprinted. so bottom line, after they get out of jail on these fraudulent documents, they do what is required by law and they show up here at the jail, not far from here, and fill out these compliance forms, get fingerprint sa fingerprinted, and walk away again. >> that's brazen. lou, let me ask you, how do

fugitives, i mean, these are convicted murderers, their faces are splashed all over local and national news. how do they exist day to day in the public? >> well, that's the really the $64 question. what you hope hasn't happened is the fact they may for example engaged in some sort of a hostage situation at a residence. you would think logically, they would want to leave the area. but as you just mentioned, their faces have been so widely distributed through the media, that unto itself has been proven to be problematic. maybe one of the tools they have considered is to reach back into the community from which they came and seek assistance. they have to figure out how they're going to assimilate, and that's the problem. if i can speak to his comment about their arrogance. one of the reasons they went in and complied with the fingerprinting is because they didn't raise knanybody to come looking for them. if they came in willingly and

looked like their were complying with the process of release, nobody would start to look for them until they suddenly realized they were inappropri e inappropriately let go. >> back to your point, and there are reports at least one of these two men are headed back to their home of orlando, which is particularly frightening for their victims' family members as well. but you know, you mentioned that that may be a good thing because people may be able to help them, but at the same time, isn't that a bad thing because people know them and will turn them in? >> what will happen in our community is we'll go to their former associates, their families, anyone who may have had a tie to them in the past. so if they're thinking returning back to their initial roots is going to help them, it isn't. the smartest thing they could do is try to take themselves off the radar screen by going to a less populated, less influenced part of our country by the media, in other words, where they're not spread all over the news networks and the

newspapers. >> john zarrella, final question to you quickly, do we know at all if they have hooked back up while they're on the lam? >> no, we don't. we absolutely don't. we just know that the one of the two was here as late as a week ago. it was only october 11th, last friday, when he showed up at the jail to go ahead and fill out that paperwork. and the authorities here told us the exact same thing. said these guys are now following the let's of the law so that there were no red flags raised, but of course now, everybody is out looking for them. we know they kind of lived around the same area of orlando. we don't even know if they knew each other, although they did, of course -- and the murders that were committed were within a few miles of each other, but they were in the same correctional facility and it's likely if they didn't know each other beforehand, they did after they were incarcerated. >> gentlemen, thank you both. >> and the end of the government

shutdown left obama care in tact, but there remains a negative spotlight clogging the health care law. and really dogging it. it's still plagued with technical glitches on the enrollment website. many people are upset about not being able to easily sign up for health inshrn, and now some republicans want the health and human services secretary, kathleen sebelius, to answer for it with her job. we talked about this here. they're calling for secretary sebelius to resign. they have even gone as far as launching this online petition. the rnc told cnn anchor carol costello she should take the hit for what it is calling rollout malpractice. >> i think if you're going to spend three years and hundreds of millions of dollars having a rollout occur like this and go so poorly, then something needs to happen. what the bigger problem is where you come in and say so what? if you can't handle something like this that's a top priority and bungle it so poorly, can you

do the other things that probably are more routine? and this really calls into question the accountability and leadership going on over at hhs in terms of not only our taxpayer dollars but the delivery of key services. >> the white house says sebelius has its full support, but can the problems be fixed? laurie siegel is our tech pro with cnn money. what is going on here? >> well, first of all, we have to look at the traffic, brooke. within 24 hours, 4.6 million people trying to get on this website. a lot of questions are, were they even prepared for this kind of traffic? were there problems on the back end? look, i know a lot of folks in silicon valley, and i sat down and spoke to the founder of word press. i should say that word press, they power one in every five sites on the internet, so i talked to matt, the founder, and i said what went wrong here. listen to what he said. >> in software, they say you can have a fast, cheap or good, pick two out of three. and it sounds like they went for

the fast and cheaper. software is difficult to do. and you can't manage it like construction. and typically, especially in silicon valley, we use the very latest technologies. often, government haven't adopted many of those. if they haven't property tested the website beforehand, it's very possible it can be overwhelmed. they find bottlenecks when it launches. >> and brooke, i should mention that word press has funded $30 million over eight years. they now power 1 in every 5 sites on the web including a lot of cnn blogs. and obama care's websites funded hundreds of millions of dollar. when you look at the numbers, it's eye opening. >> laurie siegel, thank you very much. here's hoping it gets smoother for everyone. >> an autistic boy missing after running off from school. now police are trying a unique method to find this 14-year-old. part of that includes a repo

recording of his own mother's voice. >> it's mom. >> coming up next, we'll explain why police are using that specific phrase to try to lure this young boy home to safety. plus, one of the most dangerous asteroids on record zipped close by earth, and now we're learning it will be headed towards us in ability two decades from now. are we in its path? what happens if it hits earth? we'll talk probability with an expert coming up. i was made to work. make my mark with pride. create moments of value. build character through quality. and earn the right to be called a classic. the lands' end no iron dress shirt. starting at 49 dollars.

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what's your policy? nthat's why they deserve... aer anbrake dance. get 50% off new brake pads and shoes. live pictures here. this was shot from a helicopter hovering in west los angeles. you're looking at an apartment building or a condo complex in west l.a. this is the barrington plaza apartment complex. a heck out of a lot of smoke coming out of the 11th floor. firefighters have been coming and going, coming and going from one of the 3w58cbalkaconies try hone in on this particular unit. lots of smoke and clearly damage to multiple surrounding units as well. this is what we're watching as the fire continues to burn and

the effort continues here in west los angeles. we've got folks making phone calls. we'll keep you posted on what's happening right there in l.a. but i want to move along to new york because a massive search is under way for a missing new york city teenager who is mute and has autism. so an entire community is desperate to find 14-year-old avanti okind orb. investigators say he disappeared two weeks uz go after running out of his special needs school, through an unmonitored door. so to help with the search, authorities are airing audio messages through these neighborhoods, even on subways because he loves trains. and they're playing the voice of avanti's mother, hoping he will hear her and respond to the sound. >> avanti, it's mom. come to the flashing lights, avanti. >> avanti's mother said the idea of the messages came because her son is non-verbal.

she did make this public plea last night to cnn's piers morgan. >> my message to my son is that i love him. and we're going to find him. you'll come home to your family. and anyone who has him, please be kind, and to let him go. bring him, you know, somewhere. i don't care if it's a fast food restaurant, a fire department, police station. just, you know, drop him there. >> finding missing children is a very tough task. it's even more difficult when this child has special needs. joining us now is the vice president of family services with autism speaks. so lisa, welcome to you. >> thank you. >> it's difficult enough just trying to track down a 14-year-old. but can you just walk me through the differences, the additional layers necessary when you have a child mute and autistic? >> so if you think about autism, the challenges include communication both verbal and

nonverbal. social interactions, and in some cases, there may be some repetitive behaviors that if people don't understand them, may seem a bit odd. you couple that with the fact that for some in the autism community, they don't really understand danger. you can imagine for any parent, this is their worst nightmare, but especially when you combine the other factors for a person with autism and their family, it's even more of an issue. >> with those factors, what is an investigator on the ground to do? >> if they were to see avonte, we would suggest they keep him in their sight and that they call 911 as soon as possible. i wouldn't approach. and i certainly wouldn't try to touch him, but really keep him in your sight and call the authorities right away. >> i also read, lisa, that, you know, often times kids like avonte are engaging in high-risk behavior. can you explain what that means? >> so, it's not -- again, it goes back to some of the autism

may not understand danger. for some, they're attracted to water. we know that there's a portion of those that wander are attracted to water, and so they may not understand the dangers of that. they may not understand dangers in terms of crossing the street and what that may mean. so it really is very, very challenging. and so concerning to certainly the autism community but the community as large. >> i know this mother wants her little boy back, and we hope she gets him safe and sound. lisa goring with autism speaks, thank you so much. want to take you back to the live pictures here as we continue to watch this firefight under way. this is west los angeles. and you are looking all the way up in this massive apartment condo complex. some 11 stories up. you see the thick black smoke. it is lunchtime, and these firefighters are busy, busy, trying to contain this fire that according to fire, it is within one unit.

again, on the 11th floor. if you know the area, this is the barrington plaza apartment and condo complex, and you know, imagine you have these firefighters inside, and they're trying to contain it to this one particular apartment, but you see to smoke, even on the facade of the building. there will be damage on the facade, to the apartments above where you see the thick black smoke, and certainly inside as well with water damage, but hopefully those inside and around are a-okay. way too early to tell exactly how this thing started, so coming up next, we'll talk live to someone on the scene in west los angeles who can walk us through exactly what they're seeing. right here, breaking news from l.a. be right back. d y'all made it. sorry we're late. did you run into traffic? no, just had to stop by the house to grab a few things. you stopped by the house? uh-huh. yeah. alright, whenever you get your stuff, run upstairs, get cleaned up for dinner. you leave the house in good shape? yeah. yeah, of course. ♪ [ sportscaster talking on tv ] last-second field go--

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all right, back to these pictures of this big, black smoke emanated from the apartment complex on the west side of los angeles. i have had folks in the control room watching this through the commercial break and they're saying at least some of the bright orange flames, they're seeing fewer of them. hopefully that's a good sign as l.a. fire is attacking this. here are two different views of

basically the same thing. one of our affiliates in los angeles is reporting if you know this neck of the woods, in the 11,700 block of wilshire. since this is ongoing, any information as far as if anyone was inside the apartment, how many people, possible injuries, we just don't know yet. we're working this fire. this is the barrington apartment fire. barrington apartment condo complex in west l.a. as soon as we get more information, and we're working hard to get someone on the phone, we'll pass it along to you right here on cnn. a dangerous asteroid zipped by our planet last month. and we didn't even know about it. the asteroid was discovered in the government shutdown while as you know, nasa was closed. at its closest point, the asteroid was about 4 million miles from earth. if the asteroid had hit our planet, big old if here, the impact would have been like a

couple thousand atomic bombs. nasa says the odds of that happening are extremely teeny tiny, and the odds are expected to grow slimmer or disappear once more is known about the asteroid. so sarah, professor of planetary science at massachusetts institute of technology, welcome to you. listen, i'm not packing my doomsday asteroid bag anytime soon as i'm reading about the odds, something like 1 in 63,000. what more can you tell me about this? >> well, first, i just want to say it's great to be here this afternoon to tell you about the asteroid. hopefully, i can convince you not to really worry at all. what typically happens when an asteroid is found is we don't know about it, especially its orbit. we don't know what its orbit will be like or how close it will come back to earth. and almost every single case i have heard of, as the orbit gets better, as time goes by and we can take more measurements of the asteroid, we find the

probability it will hit earth drops. >> even though some of us aren't worried, we know an asteroid some six miles wide took out dinosaurs and life. nasa is saying, yes, another asteroid of that ilk will come again. how far away are we from that? >> i share -- i mean, i share your excitement in the doomsday scenario, but just to be realistic, that asteroid that hit that we think killed the dinosaurs we think it was about 10 kilometer s large. this one we're talking about toot is about 400 meters, so 20 times smaller than that one. we like to think in planetary science, we're not 100% sure, but anything big at that that hit 65 million years ago, we could see something big before it finds us. the big ones we're not as worried about. >> good. >> if you want me to give you -- if you would like me to give you

something to worry about -- >> no, i don't want to worry. i don't want to worry. let me say this, a lot of people are fascinated by asteroids. they have seen "armageddon." is there a plan in place? is nasa prepared for the if and when? >> well, let me -- before i say that, i want to get back to danger. remember last february, there was a relatively small asteroid, about 20 meters in diameter, came to earth's atmosphere, created a blast, a shock wave over russia and blew out glass. >> i remember that. >> i think today people are a little more worried than they used to be. as far as movies at "armageddon" and others where humans get to an asteroid, people are thinking about that right now, although there isn't any real plan to do so, i can tell you one thing. if we have a prediction an asteroid will hit earth 20 years from now that could cause global destruction, we'll be able to get our act together and figure out how to do that in 20 years. i have full confidence in my

colleagues and peers and engineers at nasa to move an asteroid if they're required to. >> full destruction with a straight face you say this in 20 years but you're confident in nasa so i will be as well. sarah, from m.i.t., thank you so much for that. >> you're welcome. >> okay. students, scrambling, colleges confused. a website supposed to make it easier for high school seniors applying to colleges has hit a major glitch. students are not sure if their applications have gone through, and colleges have been forced to push back those deadlines. plus this. >> listen, they're laughing, but these boy scout leaders say they were trying to move the boulders to protect kids, but they're facing major charges for doing this. we're on the case. even when we cross our t's and dot our i's, we still run into problems. that's why liberty mutual insurance

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days of applying to college. the stresses, i remember it as if it were yesterday. right now, as schools across the country wrap up their application processes, many students are panicking, wondering if their applications made it to college at all. that is because this website, very, very popular among lots of student here, it's in meltdown. multiple glitches crippling this supposedly streamlined process. cnn explains. >> every time she's tried to logon to common app this week -- >> it says there's no account with this e-mail. >> maria says she's gotten an error message, keeping her off the site. >> when that happened, what did you think? >> i was kind of in a panic zone because i had the deadlines, i had a few essays to finish writing, i had a few recommenders to sign off and i couldn't go on. >> common app is supposed to simplify the college application process by allowing students like voss to use the same form

to apply to several schools at one. harvard, the california institute of technology, and georgia tech, are among the more than 500 colleges and universities that use the nonprofit service. just last year, common app says it processed hundreds of thousands of applications. this year, the site has been plagued with technical glitches that are leaded some high school seniors desperate for answers. >> there should be struggle when it comes to putting four years on a piece of paper, but to struggle with technical issues is somewhat difficult to explain to them. >> comments about the technical problems have flooded common app's facebook page. on twitter, users are venting. one person tweeted, i'm never going to be able to apply to college and included this image of the common app site. several universities are trying to ease anxiety by changing the early admissions deadlines. in atlanta, georgia tech moved its early action deadline from october 15th to october 21st

after being flooded with calls from concerned students. >> we're not going to let technology punish a student for something that's outside of their control. if that means extending a deadline, we're going do that. >> on its facebook page, common app attributed some of the issues to, quote, a spike in activity. the organization said it is working to fix the glitches and offers suggestions for users having trouble. >> it just worked. ooh. >> i guess you guys are good luck. >> back in atlanta, voss was eventually able to logon in front of us. getting one step closer to submitting her college applications. >> what do you think that moment is going to be like? >> relief. relief. >> relief. the feeling of going to the mail box, wanting the big envelope. i remember it well. question for you, we're hearing from students, you're hearing from students they're having problems with the common app application. what about colleges and universities? >> georgia tech said they have seen some problems with data

transfer from common app. they had instances where names are mismatched with essays as well as applications with multiple names on them. they're working to make sure the issues are caught early on, and they're working with common app to fix the issues. >> not fun. thank you very much. some men in utah said they were taking steps to protect kids. now they're facing criminal charges. you have to see the video that prosecutors say is a smoking gun in this case. we'll show it to you next. time, and i avoid frustration. you'll find reviews on home repair to healthcare, written by people just like you. find out why more than two million members count on angie's list. angie's list -- reviews you can trust.

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three boy scout leaders are in some big, big trouble. they're now under investigation after toppling this boulder that was around basically since the dinosaurs walked this earth.

okay, they're slapping some high fives, having a good laugh and dance over this. these three men knocked over a rock formation at a state park in utah. the formations are from the jurassic era. millions and millions of years old, and park officials say it's against the law to deface them. no kicking these things over. the men were on a church camp out a week ago when they filmed themselves pushing over the boulder. one of the accused had this defense. >> that thing wobbled. i looked at that mean path and that mean walkway and thought one gust of wind and a family is dead. i don't regret it one bit. >> would you do it again? >> absolutely. >> that's crazy, held up just by that little bit of dirt. some little kid was about to walk down here and die. and glen saved his life by getting the boulder out of the way. >> okay.

hi, joey jackson, hln's legal analyst, joey jackson. there are no charges filed yet, but you know, we see the video, you see them kicking this over. there's this whole confession. what do you do as a prosecutor? >> you exercise your discretion to do what is right. they're going to look at the first thing, the first of which is intent. was it their intent indeed to prevent a public safety emergency if a family was there or were they engaging in devious and mischievous events. and then ignorance of law, never a defense, but it could explain why they're doing it, are they guilty of it, and what punishment should be made of it. i think prosecutors will look at all of that. and if they conclude they're wrong, are they wrong criminally, and of course, should they be felons or criminal as as a result of this conduct? those are all of the things and criteria a prosecutor will balance moving forward and in

deciding on moving forward. >> on the flip side, you heard the one guy's defense, saying hey, we saved people because it was wiggly, my word, because it wasn't staying in place. so do you think that you would take the case all the way to trial or cut a deal? >> i think some deal will be cut. wiser minds will prevail. you shouldn't be defiling or defacing any type of property without permission or authority to do it, but the question becomes, do you criminalizing and if so, to what degree? should they continue to be boy scouts, should it affect their livelihood and future. a deal will be cut to strike an appropriate balance to do what is right and in the public's interest. >> joey jackson, i appreciate it. have a good weekend. >> don't mess with rocks and boulders. >> another case we're following, conflicting testimony in the case of a utah doctor charged with killing his wife. he said his wife fell into the

bathtub where she was found dead. today, one of the neighbors took the stand and did not exactly firm up the story. nancy grace live from utah. she joins me on the trial next. i'm only in my 60's. i've got a nice long life ahead. big plans. so when i found out medicare doesn't pay all my medical expenses, i looked at my options. then i got a medicare supplement insurance plan. [ male announcer ] if you're eligible for medicare, you may know it only covers about 80%

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security. johnson is 56 years old, began as a federal prosecutor and then a partner at a prestigious firm in new york. then from 2009 to 2012, he served as pentagon general counsel. in that job, he wrote legal justifications for drone strikes against terrorists and for allowing gays and lesbians to serve openly in the military. and speaking of drones here, "the lead" with jake tapper is coming up next with a fascinating look at our not too distant future. what are we talking about? >> drone use in the u.s. we're not talking about the kinds that kill people like jeh johnson was talking about. we're talking about ones that can be used potentially for commercial use. although right now, it's just small, remote control, they're like airplanes and we used one to shoot a little promotion, specifically for you, brooke, so take a look. >> drones aren't just used for

killing or surveillance. there's potentially an unlimited amount of uses for drones. coming up next on "the lead" -- >> get out of here. nice work, tapper. i like that. >> i have to admit, it was a little scary because it's coming right at you. you know, earlier this year, somebody was using these drones at an event, and it actually went into the crowd and hurt some people. there are really some, in addition, there are obviously some great uses for it, photography, surveilling land, especially during natural disasters and other things. there's questions of surveillance, but also some serious safety issues. i was negotiating one and it's a lot more difficult than you might think. >> what kind of negotiator are you? >> i'm not a particularly good negotiator. i fold on pretty much everything. >> good to know. we'll be watching "the lead" with jake tapper starting in 15 minutes from now. thank you very much. coming up next, the trial of

this utah doctor is heating up today. he's charged with killing his wife. he claims his wife fell into the bathtub where she was found dead, but one of their neighbors took the stand today, and that's not the same story he told. nancy grace live from utah just outside this courthouse next. . hey! glad y'all made it. sorry we're late. did you run into traffic? no, just had to stop by the house to grab a few things. you stopped by the house? uh-huh. yeah. alright, whenever you get your stuff, run upstairs, get cleaned up for dinner. you leave the house in good shape? yeah. yeah, of course. ♪ [ sportscaster talking on tv ] last-second field go-- yeah, sure ya did. [ male announcer ] introducing at&t digital life. personalized home security and automation. limited availability in select markets. ♪ to find you a great deal, even if it's not with us. [ ding ] oh, that's helpful! well, our company does that, too.

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did a doctor kill his beauty queen wife to live happily ever after with the nanny, or did heart problems cause its wife's death? that's what a jury will decide here in the case of martin macneill. prosecutors say six years ago, macneill drugged and drowned his wife. why? so he could live this new life with their nanny. today, jurors heard the frantic 911 call that macneill made after seeing his wife's lifeless body in this bathtub. he said she had, and i'm quoting him, fallen in the tub and tried cpr to no avail. >> fallen in the bathtub. >> who is in the bathtub? who's in the bathtub? >> my wife. >> how old is your wife? >> my wife is 50 years old. she just had surgery a week ago. >> what kind of surgery did she have? >> she had a facelift. >> she had a facelift?

>> yes. >> okay, do you know how to do cpr? >> i'm doing it! >> that was the voice of the man you're looking at here, but about the falling into the tub issue, just a short time ago, this neighbor who saw michelle macneill's body the day she died was asked if he saw it that way. here is his response. >> did it look to you that she had fallen into the tub? >> no, she looked lifeless and collapsed. kind of slumped down in the bottom of the tub. not necessarily fallen, no. >> nancy grace following the trial for us. talk about this neighbor here. this is where i want to begin because he said based upon the way she was lying there, it didn't look like she had fallen. what is your take? >> well, here's the way i see it. practically every wince htness had a different view or a different rendition of what they

saw when they went into that bathroom. here's the significance. what matters the most to me is what the little girl, 6-year-old she says her mother was lying in red water fully clothed, face up, eyes open with her hair going back down the drain. macneill says he came in following ada when she was slumped over the side of the tub as if you would slump over to wash your hair under the faucet. the neighbors see her, the water has been drained and she's still in the tub. here's my question. why did he lie on the 911 call? there's no way he could have performed cpr with her in water in the bottom of that tub. it's a very high tub, the kind you crawl into. you know for cpr somebody's got to be lying flat on the floor. so why did he lie that he was doing cpr? he didn't even get her out of

the tub. his wife was lying in the water. he didn't even get her out. he would have some people believe he had cancer and/or m.s. that's what he was telling people at the time. he had neither. >> here's another question, because apparently there was some kind of discrepancy when macneill was giving the wrong address to the 911 operator. was that cleared up today? >> i think it was cleared up. what happened on the 911 call is macneill was screaming so much and talking so quickly the 911 operator couldn't hear what he was saying, but she was familiar -- nobody could make it out. it wasn't just her. she was familiar with the area so she dispatched ambulances, rightly so. when it was played in slow mo, you could hear him give the address. i blame the prosecutors for that. i prosecuted for my entire legal career so that's hard for me to say.

it was their duty to get this straight and if there had been a mistake, if someone had mistakenly thought he gave the wrong address, and that was stated, that should have been cleared up by the state, not for the defense to come in and go ah-ha like it was a really big deal. >> okay. what about as we know in trials past when you put a medical examiner on the stand, a lot of information comes from a medical examiner. in this case, what should we expect that person to reveal? >> well, actually, the medical examiner in this case is dead. she died years ago of breast cancer so we're not going to be hearing from her. here's the problem with her autopsy report. she was not privy to the facts surrounding the case that we are and medical examiners, they have a whole fleet of detectives, why, to investigate the death. she didn't know all the facts that we know. she ruled the death natural. later, medical examiners have ruled this was not a natural death, this was a death by

drowning. as a matter of fact, when they finally did get her out of the tub, no thanks to dr. macneill, they started cpr, frothy pink water came out of her chest and nose. as dr. joshua perper will say, because she was drowned. >> nancy grace, we know we will be watching with you this trial playing out in utah. you can watch nancy each and every night, 8:00 p.m. eastern on our sister station, hln. coming up next, a soldier who lost his legs on the battlefield now has a new mission to help others. he is one of the top ten cnn heroes of the year. you will understand why when you hear his remarkable story. [ mom ] with my little girl, every food is finger food. so i can't afford to have germy surfaces. but after one day's use, dishcloths can redeposit millions of germs. so ditch your dishcloth and switch to a fresh sheet of bounty duratowel. look! a fresh sheet of bounty duratowel leaves this surface cleaner than a germy dishcloth, as this black light reveals.

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victoza® is not insulin. do not take victoza® if you have a personal or family history of medullary thyroid cancer, multiple endocrine neoplasia syndrome type 2, or if you are allergic to victoza® or any of its ingredients. symptoms of a serious allergic reaction may include: swelling of face, lips, tongue, or throat, fainting or dizziness, very rapid heartbeat, problems breathing or swallowing, severe rash or itching. tell your doctor if you get a lump or swelling in your neck. serious side effects may happen in people who take victoza®, including inflammation of the pancreas (pancreatitis), which may be fatal. stop taking victoza® and call your doctor right away if you have signs of pancreatitis, such as severe pain that will not go away in your abdomen or from your abdomen to your back, with or without vomiting. tell your doctor about all the medicines you take and if you have any medical conditions. taking victoza® with a sulfonylurea or insulin may cause low blood sugar. the most common side effects are nausea, diarrhea, and headache. some side effects can lead to dehydration, which may cause kidney problems.

if your pill isn't giving you the control you need ask your doctor about non-insulin victoza®. it's covered by most health plans. (dad) just feather it out. (son) ok. feather it out. (dad) all right. that's ok. (dad) put it in second, put it in second. (dad) slow it down. put the clutch in, break it, break it. (dad) just like i showed you. dad, you didn't show me, you showed him. dad, he's gonna wreck the car! (dad) he's not gonna wreck the car. (dad) no fighting in the road, please. (dad) put your blinker on. (son) you didn't even give me a chance! (dad) ok. (mom vo) we got the new subaru because nothing could break our old one. (dad) ok. (son) what the heck? let go of my seat! (mom vo) i hope the same goes for my husband. (dad) you guys are doing a great job. seriously. (announcer) love a car that lasts. love. it's what makes a subaru, a subaru. we here at cnn are shining a spotlight on the top ten heroes

of 2013 and so today's nominee is dale baitty, making life easier, safer, better for fellow veterans. >> i'm a combat wounded iraq veteran. as i was recovering at walter reed, my community approached me and said they wanted to help build a home for my return. people would come and work on my project just because they respected the sacrifice that i had gone through. all veterans have been taught to be responsible for the guy to your left and the guy to your right. other veterans had it as easy as i so we sat down and decided to level the playing field. it's now my mission to help other veterans with support and homes they need from their communities. >> there's thousands of veterans right here in our midst. people don't realize the need

that's out there. we can help any service disabled veteran regardless of their age or war. >> this is the young man why we're all here today. >> it's just getting the community engaged to get a ramp built or foreclosed home remodeled or an entire house built from the ground up. >> narrow doorways that i couldn't get through, i had to crawl in on my hands and knees. to have them build a whole new bathroom was unbelievable. >> we want to make their life easier, safer, just better. their emotions are being rehabbed as well. regardless of when you serve, we're all the same. they just need to know that somebody does care about them. >> dale is just one of our top ten honorees, one of whom will become cnn's hero of the year and receive $250,000 to further their work. and you help decide who will win. go to cnnheroes.com on the internet, hop on your mobile

device to vote and share your vote on facebook and twitter. now, before i let you go, some of the hottest stories in a flash. roll it. take a look with me at this rare sea beast. this is a stinager beaked whale, which washed ashore in california. better known as the sabre toothed natooth ed whale because of its fangs. the whales usually live in alaska waters and are so rare, they are almost never seen in the wild. something else you probably won't see too many of. take a look at this bad boy. this is the lamborghini new open roofed roadster. car lovers, it is 6.5 liter v-12 engine. it can go 221 miles an hour. they are making nine of them this year, twice as many with the hard top. the price tag, drum roll, please,