. >> thanks for being with us today. "studio b" gets started with trace right now. >> trace: this is "studio b." a troubling report out of syria as the country vows to give up its chemical weapons, but new intel today seems to suggest the regime is trying to do the exact opposite. plus, deadly flooding in colorado is chasing families from their homes. and making a wet mess of everything they own. we're live as the rushing waters continue to rise there. >> the jersey shore facing the terrible task of rebuilding yet again. flames tearing down a boardwalk and business already devastated during superstorm sandy. that's all ahead, unless breaking news changes everything on "studio b."

but first from fox at 3:00, syrian forces are secretly moving their chemical weapons, making them harder to track. even as they say publicly that they're willing to give up those weapons. that's what sources are now telling "the wall street journal" newspaper. it's not a promising sign. as the secretary of state john kerry meets for a second day of talks with his russian counterpart in switzerland. syria's president, bashar al-assad, says he would be willing to turn over his chemical weapons but only if the u.s. stops threatening to use military force. the united nations reports it has in fact received a document from syria as part of the first step towards signing the worldwide antichemical weapons treaty. now it appears the u.s. pushed to strip syria of its chemical weapons could pave the way to an even larger mission, one aimed at finally ending that country's two-year bloody civil war. >> i will say on behalf of the

united states, that president obama is deeply committed to a negotiated solution with respect to syria, and we know that russia is likewise. >> but secretary kerry says any peace talks would come only if syria backed up its promises with real action. james rosen has the news. he is live in geneva, switzerland. james? >> good evening from geneva, where a state department official traveling with secretary of state kerry tells me, after two days of talk between the u.s. and russian delegations, quote, there is a real opportunity to move forward towards the dismantling of syria's chemical weapons arsenal. earlier secretary of state kerry and the russian foreign minister lavrov met jointly with the u.n. and arab league envoy on the war, and afterwards all parties pledged to hold a second peace

conference for the conflict. it would be called geneva 2 resident, -- but secretary kerry said that mission is second dear to the mission. >> we both agreed to meet in new york around the time of the u.n. general assembly, around the 28th, in order to see if it's possible to find a date for that conference, much of which will obviously depend on the capacity to have success here in the next day, hours, days, on the subject of the chemical weapons. >> sergei lavrov is a famously acerbic character and has delivered sharp jabs in public to at least the last three secretaries of state. yesterday he rebuked john kerry for delivering a quote-unquote plate wall statement. today a state department

official says the two are able to talk straight to each other, they're talking one-on-one and leaving the technical advisers to hud until small groups. what they're looking for from the syrians and russians are, first, international inspectors would be allowed to visit the relevant sites in ear ya, and secondly, how honest bashar al-assad is when it comes time for him to declare what is in his chemical weapons arsenal. >> trace: james, thank you. with me is michael sing, the former senior director for middle east affairs at the national security council and is manager director of the washington institute. good to see you. >> good to see you. >> trace: when secretary kerry says things like, we are working hard to find common ground, that really is code for, we can't agree on anything. how do you feel these talks are going so far? >> well, think these talks face very serious obstacles. the first is the very different

positions and interests of the u.s. and russia involved here. russia obviously is trying to preserve an ally, and bashar al-assad and trying to prevent the united states from becoming involved militarily or gaining influence through military means in this particular region. the u.s. -- it's not always clear exactly what we're trying to do here. the president talked about a negotiated outcome bulls we talked in the past about assad must go and international norms. and then also this idea of locating, verifying, and destroying chemical weapons amid a civil war, trusting bashar al-assad, it's just impractical. >> trace: you read through the language here, and john kerry says we want the done in a timely fashion. what is timely? is timely weeks, months, years? when hey say that's want this done timely, we just had syria saying out in 30 days we'll give you information about the

chemical weapons but not exactly the weapons and that's the way it's done. seems like there's a little stalling going on here. >> there's a lot of stalling going on, and on with full cooperation from the assad regime, which assad's track record does not suggest he is going offer, this would take years to accomplish if you sort of use the examples of similar efforts in the past in places like libya. you have to first get his declaration, and then verify things, you have to check other sites to see if he is telling the truth. you have to get inspectors on the ground. they have to do the very dangerous and lab borous process of destroying the chemical weapons, and this extends into a long time period. so if you're talking about near-term deadlines, they're really only for agreeing on a framework at most. >> trace: what happened to the sense of urgency, it was urgent last week, and now we're talking about, well, me and lavrov will meet in new york on the 28th.

and then another meeting. what will happen at round two that didn't happen in round one. >> you make great point. having a negotiated peace is not just about holding a conference it's not just about talking. both sides have to believe that a negotiated outcome is better than whatever they can achieve militarily or without having to compromise, and right now the syrian opposition, frankly, is unlikely even willing to attend such a peace conference with bashar al-assad across the table, and if you're assad, don't know why you would think you have to compromise with the threat of u.s. military force essentially no longer credible and with the russians appearing to have sort of trumped diplomatically whatever president obama had been trying to do. so you have to create the conditions where both assad and the opposition feel the need compromise. >> trace: he wouldn'ted to buy some time and he got it. good to see you. thank you. the massive and deadly floods in colorado now forcing thousands more people to

evacuate their homes and escape the powerful walls of water. have you seep the pictures? rivers and creeks overflowing their banks. three people dead, 17 others unaccounted for them national weather service reports more than a foot of rain has fallen on boulder this month. that shatters the previous september record of just five and a half informations, and now national guard troops are working to help folks get out of the mountain towns of lyon, population just over 2,000 people. one man tried to tough it out inside his home. until a mudslide nearly buried the place. a neighbor says the guy was in bed when mud and water began to fill his bedroom. listen. >> we went outside and climbed up above our house and heard a big roar, and that's when it came down, buried his house, filled his bedroom full of mud. luckily it came up just to his bed. he managed to crawl down the

stairs through the mud. didn't walk well. got to a point where i could see him, and then we knew he was okay. >> for thousands of other folks in colorado, this danger is far from over. we're live in boulder. reporter: because it's not raining right now, emergency crews are really worried about the false sense of security that folks can have because it seems like things are becoming a little more mild. but if you take a look -- look at the rage of the boulder creek here. it's anything but mild. because this is the water that is washing out roads and taking out bridges, cars, and anything else it wants to really. but because of the break in the rain, helicopters for the first time were able to get up in the air today, and therefore were able to actually give you an up-above view of the devastation, and now, emergency crews here are also emphasizing to people, and telling them, they will be arrested if they

are caught kayaking or tubing down this water. something that we have seen and the governor of colorado is asking people, and telling them, just don't bring this on yourself. >> doesn't look like there's any sign of weakness. all a sudden six feet slides off into the creek. you don't want to be near when that happens. let's let mother nature run its course and then we can go out and look and marvel at the strength and the power, but right now, let's stay safe. reporter: now, north of here in the cities of loveland and fort collins, severe flooding from the big thompson rhythm it is now flowing over interstate 25. the main corridor between colorado and wyoming, has now been closed by the colorado department of transportation. no word on when that is going to re-open. also, trace, there are well more than 100 elementary and middle school students that are right now stuck in some of those

mountain towns that have been cut off from the rest of colorado. they are safe. they are dry. and they are being well fed. they were on field trips doing outdoor education. the parents aren't doing well but we have been assured by authorities the kids are safe. trace? >> trace: i can imagine the parents freaking out a little bit. thank you. friends of the accused boston bomber, tsarnaev, today in federal court on charges they tried hiding evidence from investigators after the tragedy. prosecutors say they got rid of the suspect's laptop. the defense claims they had nothing to do with it. a live report from the courthouse is next. i am today by luck.

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absolutely nothing to reporters. he is a u.s. citizen. and these two defendants are exchange students from kazakhstan. the fbi reports the friends reached out to the bombing suspect, dzhokar tsarnaev, soon after the fed released his photo to the public as the primary subject in the attack. according to the u.s. attorney's office, tsarnaev responded to his friendses with a text part of which reads, quoting, if you want you can go to my room and take what's there. that's when prosecutors say the friends snatched the laptop computer and a backpack contain are fireworks. the backpack later turned up in a nearby landfill. molly is outside the courthouse. >> all three of the young men were in court today and it extended from an indictment from

a grand jury combining off as the cases. ro two were arraigned this morning, and this afternoon, one defendant's appearance was delayed because his attorney was stuck in new york. this is not taken lightly by the judge who got an apology and admonished his attorney and suggested that on a case of this magnitude, perhaps he should come into town a day early. phillipos faces 16 years in prison. the other two are charged with obstruction of justice and they carry more than 20 years in prison. all three have pled not guilty, and as you mention it it's alleged they all went to tsarnaev's tomorrow room and items were removed, and one piece of evidence, backpack, ended up in a local landfill. al three men had family members in court and only phillipos is

out on bail. the other two are still being held. >> trace: anybody speaking on behalf of the defendants? >> absolutely. robert stall, one attorney stepped up to the microphone. >> what we expect to prove is the truth, that at the time this all happened there was no intent no knowledge, and there was no purposeful obstruction of justice. and that this young man, this young college student, will be able to return home to his familiarfully kazakhstan. >> we very rarely get inside grand jury proceedings but this grand jury is still working bus i spoke with family attorney of tsarnaev's in-laws, and we know there's still a lot of work going on in this case. trace? >> trace: there is. live outside the courthouse in boston. thank you. folks on the jersey shore are dealing with a brutal one-two punch. a devastating super storm and

now a destructive fire. we brought this to you live yesterday on "studio b," but while some are asking how it could happen again, others are vowing to rebuild. one of the nation's most historic boardwalks. we will talk to one of the business owners coming up on "studio b." [ male announcer ] this is claira.

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>> officials say they're already laying out plans to rebuild after an enormous fire destroyed huge servings of the boardwalk on the jersey shore. one of the areas that superstorm sandy hit the hardest. the fire leveled four blocks and dozens of businesses in seaside park and seaside heights. powerful winds and the tar roofs of the businesses fueled the flames. among the places the fire destroyed, the boardwalk's famous fun town pier, which

still had not re-opened after the storm last october. firefighters today have been pouring thousands of gallons of water on to the smoldering remainses of the fire. the owner of the badly damaged arcade said he just re-opened in june, and calls the destruction, quote, unimaginable. governor chris christie today said the state will help the area rebuild again. >> we have endured and begun to come back from the devastation of sandy. we will not let these fires destroy those efforts. >> check out this time lapse video. shows the workers after the storm rebuilding that boardwalk which re-opened just in time for summer, and now look at this. this map shows the approximate area the flames burned. firefighters had to cut away part of the bardwalk to stop the fire from spreading. rick, what is the situation there now? reporter: we were here when they drove the first pile for that

new boardwalk this spring. and that section of boardwalk is now gob because of -- is now gone because of the fire. 100% contained according to firefighters a short time ago. they're still putting water on hot spots. but that is just to put out the little bits of flame. the aftermath is awful. dozens of businesses here in seaside park and to the north, seaside heights, completely destroyed because of this very fast-moving fire. started yesterday afternoon in a frozen custard stand and spread quickly, fanned by 25 to 30 miles-per-hour winds that chewed through the boardwalk and a number of businesses, including the pier you mentioned, and up here the governor used to visit many times as a kid greg up and then with his family, and i spoke to him a short time ago. >> these are folks who have had nothing but challenges for ten

months. shay got through the summer, pretty about summer, and they feel like they're over the hump, and then something like this happens, makes everybody feel their vulnerability. >> he thanked the 400 plus firefighters out here battling his blaze, and construction crews, trace, who had to chop through not one area but two parts of the boardwalk to create firelines to keep the fire from continuing to spread north, and it did work. the second pass they cut through the boardwalk worked ask they were able to contained. >> trace: as the firefighters look around do we know more about the possible cause of the fire, rick? reporter: not yet. fire investigators are on scene at this hour sifting through the ash and trying to collect evidence. we spoke with the county prosecutor's office handling the investigation and they say it's far too soon to begin speculating whether this is suspicious but they're looking at any possible cause of the fire.

>> trace: rick, stand by. another business the fire badly damaged bass the beach comber bar and grill. one of the first places to re-open an superstorm sandy and had been featured in "jersey shore." the owner says the fire was so hot it melted new tvs he had just bought for the walls. that owner joins us now on the phone. michael, thanks for joining us. when you said you think this was actually worse than superstorm sandy, exactly what did you mean? >> well, the water came in and walked everybody left. when the fire was gone, there's nothing left but smoke and burnt, charred wood. just -- it's hard to explain. >> trace: i know you have been there a long time and you have

very famous place there. when you say that people have no choice but to rebuild again, i mean, is there anybody that you have come across who says, you know what? one year we get knocked out with the storm, then the fire, forget about it, i'm leaving? >> that's not me. that's not the beachcomber way. we're survivors. >> trace: i apologize for the delay on the phone. witnesses say -- we're watching video of it now -- witnesses say they have never seen a fire move so quickly through this area. did you see this and what was your impression of the flames? >> i was down here when it first started. started at 3:00 at the very south end of the boardwalk and i was watching from the beach because the smoke was blowing in our direction and the wind was blowing in our direction, and today the wind is blowing in the total opposite direction. if the fire happened today it

would have burnt the little stand and that would be it. started at the south end and the winds took and it it went amazingly fast. amazing how fast. all around me. >> trace: we're looking at your place. give me an idea of how heartbreaking this is for you and how long do you think it will take you to rebuild this again? >> um, we'll be open -- downstairs does not have a lot of damage. the upstairs has quite a bit of damage as far as smoke and everything else. but who knows, get people in there and start checking it out and as soon as we get rebuilt, get ready. >> trace: yeah. michael, best to you, best to all the people down there, again, along the jersey shore, which we definitely feel for you, michael. thank you. >> thank you very much. >> trace: updating fox's top story on the push for peace in syria, coming even as the unites nation reports the regime is

attacking hospitals when it's not using them as torture centers. >> brand new allegations from 'a top republican against the white house. accusing it of slowing the investigation into the terrorist attack on the u.s. consulate in benghazi, coming up as we approach the bottom of the hour and the top of the news. dad. how did you get here? i don't know. [ speaking in russian ] look, look, look... you probably want to get away as much as we do. with priceline express deals, you can get a fabulous hotel without bidding. think of the rubles you'll save. with one touch, fun in the sun. i like fun. well, that went exactly i as planned.. really?

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always go the extra mile. to treat my low testosterone, i did my research. my doctor and i went with axiron, the only underarm low t treatment. axiron can restore t levels to normal

in about 2 weeks in most men. axiron is not for use in women or anyone younger than 18 or men with prostate or breast cancer. women, especially those who are or who may become pregnant and children should avoid contact where axiron is applied as uneected signs of puberty in children or changes in body hair or increased acne in women may occur. report these symptoms to your doctor. tell your doctor about all medical conditions and meditions. serious side effects could include increased risk of prostate cancer; worsening prostate symptoms; decreased sperm count; ankle, feet or body swelling; enlarg or painful breasts; problems breathing while sleeping; and blood clots in the legs. common side effects include skin redness or irritation where applied, increased red blood cell count, headache, diarrhea, vomiting, and increase in psa. ask your doctor about e only underarm low t treatment, axiron. >> trace: this is "studio b." we are just getting word the french and british foreign

ministers and secretary of state john kerry will meet for lunch in parison monday, to discuss the syrian crisis. that, according to french officials, who say they'll meet with kerry, after two days of talks with his russian counterpart aimed another getting the weapons. the president just weighed in on this. what did he say? >> he spoke briefly in a photo opportunity with the mayor of kuwait, and kuwait in favor of the military action against syria that mr. obama has now asked congress to put on hold, though it wasn't really looking like congress would approve it anyway. still, the president was grateful for kuwait's report. >> our two countries are in agreement that the use of chemical weapons we saw in syria was a criminal act, and that it is absolutely important for the international community to respond in not only deterring

repeated use of chemical weapons but hopefully getting those chemical weapons outside of syria. >> meanwhile, secretary of state kerry's trip keeps growing. it already extended going to israel on sunday, and now kerry will meet with french and british officials in parison monday. both to brief them on the chemical weapons talks in russia and try to resume peace talks between syria's government and the rebels. >> trace: the u.n. report on chemical weapons is set to go to the secretary general today. >> ban ki-moon says he is confident it will show chemical weapons were used august 2178, - august 21st attack, and the priority now is to secure the chemical weapons, not necessarily to remove bashar al-assad, which puts the u.s. at odds with syrian rebels. >> i'm confident, actually, the

u.n. report will re-affirm what we have long said. it's not going to assign blame, as we have also long said, but re-affirm that chip cal -- chemical weapons were used in syria on august 21st. we think that only underscores the need for action to happen at the unites nations to address the issue. >> the russians don't challenge the idea the chemical weapons were used. they say the syrian rebels were responsible. something the u.s. called press postrace, after tracking the missiles being fired. the u.n. team was not charged with determining who was responsible for the attack, just that chemical weapons were used. trace? >> trace: wendell, thank you. even as the u.s. tries to jump start peace talks on syria, the syrian regime's forces are launching bloody attacks on hospitals and medical staff, keeping the sick and wound from getting the life-saving treatment they desperately need. that from the unites nations in

a new report which also claims the syrian military has been using hospitals as torture centers. the u.s. military reports the threat of a strike did slow things down on the battlefield. forces retreated some. trading attack positions for bunkers, but with the threat of military action from the u.s. on hold we're now seeing reports of new attacks, suggesting the tide may be turning in favor of the regime. with me now is ed hussein, a senior fellow for international studies and left in syria for a while. thank you for joining us. >> thank you for having me. >> trace: it seems from the rebels' point of view they have lost their best chance to get assad out of power, but then if you look at things in the big picture, it's not clear the united states wants assad out of power. we don't know who is next, and the old here tory you break it, you own it. so. really, what is the game plan for the rebels now?

>> it's hard to tell because the rebels are divided among themselves. there are many fighters who are islamist leaning, secular leaning, and jihad lehning so there's no -- other than to overthrow assad. while that has some purchase among the syrian population, there are many inside the country that don't necessarily want to see the end of assad for the kind of issues that you alluded to what comes after assad might we worse for eye minority communities and it's fair to say that the united states does not necessarily have many allies or friends along the rebel communities. these are people who -- the syrians, not including the foreign fighters, 10,000 to 17,000, we're talking bat population raised on

antiamericannism, raised on anti-israely, and to think after assad they would become new allies for the americans in a very hostile rejoins dream lean. >> trace: a lot of reports from syria we cannot confirm but we're hearing from the rebels not only do they feel like america let them down and now they're in a position that assad could come out maybe still in power and maybe a national hero, saying he saved the country because he stood up to the united states. >> that's absolutely right. a national hero indeed. i could go further and see he would be seen as a regional hero, a new saddam hussein, a new mahmoud ahmadinejad who defied the united states. there will be no gratitude for whoever comes after assad inside syria, and the rebels are

perhaps best adviced to come to a diplomatic settlement with the regime, whether it's a land settlement, greater political opening, releasing prisoners, or a greater degree of political transparency inside the regime. fighting against the horrendous nature of the assad regime is becoming a death to the fight and not a fight the u.s. will get involved in as things stan at the moment. so, it's wrong of them, i think to be dependent so heavily on america to come to their aid when 350 million other muslims have not come to their aid, for understandable recents. >> trace: they're fighting the war and politics. ed hussein. to you -- thank you for being here. benghazi. top lawmakers claim the white house is slowing down the investigation. the critics say it's because the administration insists on prosecuting the suspects in criminal court, giving them access to defense attorneys. last year's terror attack on

september 11th killed four americans, including the u.s. ambassador to libya, stephens. >> mike rodgers who was briefed on the status of the investigation tells us the administration's determination -- >> treating this like a criminal event and using this article 3, which is what an american citizen would go through, with all the rights of the constitution, i just think -- i don't know how anyone could come to the conclusion it hasn'tslide it down. >> based on intelligence reporting the delays aloud the benghazi suspects to remain free and remain engaged with terrorist groups. counterterrorism analysts say the strategy has pushed aside military options, including detention and interrogation at guantanamo bay, or a targeted drone strike. >> u.s. intelligence officials and our war fighters in the defense department are ham

strung by a law enforcement model. guys that are nobody suspects in the benghazi attack who could be taken off the field today. >> while a criminal case requires physical evidence, but the time the fbi reached the seen it was contaminated and the libyan government, according to the outgoing fbi director, is too unstable to offer the u.s. the support it needs for a complex international case. >> it's hard to know who to deal with. you do not have the security forces we developed a rapport with. >> fox news asked the justice department why it's so committed to a criminal prosecution in this case, given the obvious herdles, and we're still waiting for a response. >> trace: catherine, thank you. >> the taliban claiming responsibility for a deadly attack on a different u.s. consulate, this one in western afghanistan. you can see the facility is right along afghanistan0s border with iran. the police chief says militants set off explosives from a van

and an suv this morning. as other attackers fired on afghan security guards. police say the militants did not make it into or on to the compound, and everybody inside the consulate got out safely. but one afghan police officer and a security guard died, along with at least seven militants. more than a dozen other people were wounded. a state department spokeswoman says she is not aware of any threats leading up to the attack and that consulate staffers have moved to the capitol city of kabul for the time being. there is a new twist in the case of the now-dead american al qaeda cleric al awalk can i. we have obtained documents showing the fbi was following him just five months after the september 11th attacks, and the documents seem to suggest the agency might have been trying to turn him into some sort of asset. the fascinating story behind that is next.

>> an elite fbi unit tracked al-awlaki as he traveled to the pentagon five months after the attack on september 11. he was due to give a controversial speech to defense department officials. awlaki left the united states in 2002 and eventually settled in yemen and became the chief propagandaist for al qaeda and the leader of al qaeda, and also became the first u.s. citizen that the u.s. military targeted for death. a drone strike killed him in yemen in 2011. now two republican lawmakers are questioning whether awlaki had at one point been working for the fbi. doug is live in washington. this conflicts very sharply with what the government previously told us about al -- awlaki. >> these newly released documents released by judicial

watch and fox news, show that long were al-awlaki was killed by a u.s. military strike in yemen, the fbi has been watching him very closely. the fbi's anti-terror unit had been assigned to track his every move, and in 2002 he was observed taking washington's metro to the pentagon station where he gave a speech inside the pentagon about muslim outreach to dod higher-ups. despite him actually enter the pentagon, the fbi did not alert dod to the fact he was being surveil as a terrorist. >> to have a known terrorist under surveillance by the fbi, close surveillance by the fbi, all the way up to the doorway of the pentagon, where then hegoes in and meet with high-level government officials, pentagon officials, either massive incompetence or he was being protected. >> in testimony in august 1st august 1st of 2012, then fbi

director muller denied knowledge al -- >> what i'm telling you is i am not personally familiar with any effort to recruit anwar awlaki as an asset. that does not mean to say there was not an effort at some level of the bureau or another agency to do so. >> in a letter to new fbi direct, this new information merits a lot of additional explanation, trace. >> trace: on top of that, there's evidence al-awlaki had a relationship with nadal hasan, a relationship the fbi also denied. >> right. they're asking the fbi director to respond to those allegations that are contained in a new book called "dirty war" that says that while preaching at the mosque in virginia, al-awlaki agreed to counsel the son of an

elderly couple whose son was straying from islam, and that son was nadal hassan. investigators say a woman lied about killing her husband and then admitted pushing him off a cliff. why has a judge allowed her to go free while she awaits trial? that's next.

>> a federal judge has upheld an order for to the reese of a woman in montana who stands accused of pushing her newly wed husband off a cliff to his death. here's a picture. the wife admitted to shoving him off the cliff during an argument at glacier national park a week after their wedding. investigators say the woman originally lied and told them

her husband left their house with friends late at night on july 7th. a few days later investigators said the wife told rangers she spotted her husband's body. a ranger thought that was unusual but the woman explained it was a place he wanted to see before he died. close friended of the victim have said they're not surprised about the accusations against the wife but that judge has allowed her to go free while she awaits trial, saying she does not pose a flight risk because of her close ties to the community. anna, what is it about montana where some guy rapes a teenager and get piston days and this judge lets this woman out. she admits killing her husband and goes free, not even bail. >> i was very perplexed as to why the judge let her out. she is facing a murder 2 charge here. that is serious, but obviously the judge bought the defense argument she is not a flight risk, doesn't pose a threat to anybody else, no prior criminal record, before this incident, and i think the defense made a

pretty good argument here. they said, look, if the authorities thought she was such a threat to society, why then did they wait over two months to arrest her? after she admitted to pushing her husband off the cliff. >> trace: the prosecutor wanted the judge to stay this release order and probably doubtful your can answer there are she goes back to jail or not. but the question becomes she admitted to killing the guy but lied about it up until then. lied three or four types and then she says, okay, i did it but it was in kind of an -- an argue. and i pushed him, and there was only two of them up there. what does the jury think about that? >> exactly. the lies, the lies, the lies. reminds me of a little case this though jodi arias case. >> never heard of it. >> but it's the lies i think put her in the situation because i think she would have had some plausible defense arguments here and she could have had a possible self-defense or at least an involuntary manslaughter case. i you look at the text messages

she sent her friends shortly before the incident, she said if you don't hear from me, know that something happened. i think that could have been idea to say she feared her husband, maybe some history of domestic violence, but it's the lies the prosecution is going to use to prove she is guilty of murder. >> trace: you mentioned jodi arias. there was a trail of evidence. now in this case, you know, a lot of the friends say, okay, this couple really wasn't getting along very good and their marriage wasn't all that strong, and she might have wanted out, but the truth of the matter is, there were two people on the cliff, and it's very hard for the prosecutor to say she did it this way and with this intent. right? >> absolutely. it's hard for both sides. like you said, there were only two people on the cliff, one of. the sadly is dead and the other is a liar. so what story do you believe? her credibilityes at issue and at it shot at this point because of the lies. do you believe her the first couple of times she made statements or believe her now, that she was actually defending herself, that she only pushed

her husband in reaction to him grabbing her arm. >> trace: pushed him in the back. she says he grabbed her arm and then she pulled away and that she could have walked away but instead pushed him in the back and he went over the cliff. if your husband's back is to you, it's not week on solid ground. dund boat well. >> the fact chev lied ruins any potential self-defense argument. she could have said, look, because of my history of abuse, because i was a battered woman -- again, jodi arias -- i feared him and when he grabbed hi arm i turned around and just reacted. but with the lies i think she is done. >> trace: thank you. >> thank you. >> trace: as much a part of the american pastime as the game itself,. hot dog vendors. now one popular long-time vendor at a big league ballpark is apparently out of a job.

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>> turns out north america's tallest pig may not be quite as tall as we thought. radar technology shows mt. mckinley is actually shorter, still tall enough to be considered the continent's tallest mountain. also shorter than what we thought. and then there's this before we call it a day on "studio b." a big battle is brewing in detroit. the motor city's baseball team, the tigers, have fired one of comerica park's most beloved hot dog vendors, has been slinging dogs for 15 years, and saying while he worked the stands. what did he do to get fired? he bad mouthed the team-right? ran on the field? no. we're told he got canned because he says putting catsup on hotdogs is a crime against nature. he is a mustard guy who not only refused t