questions unless it with as a person of color asking me. this mayor said everybody knows it's a boy's club. take the taxpayers money to vegas, bet it on red and nobody gave you a hard time. >> brian: the good old days. >> you should watch fox news saturday night every saturday at 10:00 p.m. eastern. empowering. if you watch me host you feel like you, too, could get a show. what more, america? >> ainsley: it's very good. >> lawrence: brian kilmeade does another show coming up on radio. >> brian: lawrence jones. >> bill: good morning, everybody. want to take a live look now pontiac, michigan. a courtroom there. sentencing is about to get underway that we've never seen before in america. about to get underway for the parents of the michigan school shooter ethan crumbley.

they'll become the first parents held criminally responsible for their child's actions. this is the sentencing phase. good morning on tuesday morning. bill hemmer live in new york city. >> dana: i'm dana perino. this is "america's newsroom." that shooting took place november 30th, 2021. james and jennifer crumbley were tried separately. they gave their son access to a gun. they were found guilty of involuntary manslaughter. >> ethan crumbley has pled guilty to the school shooting. he killed four classmates and injured seven others inside the school and now serving life without parole. >> dana: we have analysis from paul mauro and jonna spilbor. garrett tenney can set the ground in chicago. >> we're expecting to hear from some of the parents and family members of the victims and could

hear from james and jennifer crumbley as well. prosecutor argued and juries agreed the parents ignored warning signs in the days leading up to the shooting. rather than getting their son help they got him a gun they failed to secure and he used it four days later to kill and injure. during the trial, prosecutor shares text messages ethan sent a friend about hearing voices and wrote i actually asked my dad to take me to the doctor yesterday but he just gave me some pills and told me to suck it up. in another he said like it's at the point i'm asking to got the doctor, my mom laughed when i told her. prosecutors pointed to the morning of the shooting when school officials called the crumbley's after a teacher found disturbing drawings and their son suggested to a counselor he was considering suicide. the crumbley's responded they had to work and couldn't stay

home with their son. he stayed at the school and hours later carried out the shooting. the crumbleys went on the run. state sentencing guidelines call them to be charged for seven years. their attorneys are requesting time served. what happened to them could happen to any parent in america. prosecutors cite a lack of remorse from the parents and jail house calls and which he threatened prosecutors. >> dana: thank you for the ground work there. reminding us of what happened. >> bill: we expect both of the parents to speak today and so they will be on the stand and they'll make their own case, james and jennifer when they get there. before that happens paul mauro joins us. good morning to you. as you watch this case, it's unique, it's original.

we've never seen it before. what are you looking for today, paul? >> it is unique but i think that the idea that this is going to open some floodgate and we are going to see parental liability taking hold across the country is not likely the case. cases are very fact specific. you stay within the four corners of the case. this case has things egregious for the two parents here. it is not unprecedented. there is a line of cases in american law, dram shop cases that involve a bartender overserving a customer who goes out and drives. that's a form of vicarious liability. it is not unprecedented. it is unique but a state case in michigan and i think that really we should be thinking of it in terms of it may have some precedent within michigan but i don't think it will be a coast to coast thing and i think

that's right. this is a new thing. >> bill: what was the phrase that's new to me. >> dram shop case. it refers to when you have a bartender who is overserving somebody who goes out and drives. the idea is the bartend are helped create the conditions that led to the accident or fatality. the facts here are so egregious as we just heard i think it is relatively unique. it is a new thing, however, and, you know, jurors and judges are people and they read the papers, see these things on the internet, online, social media. we could be seeing the beginning of something new but the idea this is suddenly going to morph into mass parental liability i would push back on. >> dana: jonna, how do you see that? >> i have to disagree with my colleague a little bit. this is the first time ever in history that we are charging and convicting parents of a crime they did not commit.

we are instead charging and convicting them because they failed to prevent the crime of someone else. it is unprecedented. it is scary from a legal perspective. my mind goes to the whole slippery slope argument where you uld almost get it with respect to parents and their minor children. of course parents should have responsibility over them and parent them well. if they throw the book at these guys and this case is allowed to stand on appeal, where does it go, you guys? could you yourself be liable if your spouse is crazy and fail to prevent a crime that he or she commits? what about if you live with your parents and they are mentally unstable? what if you have a roommate and you don't know they have some mental instability. it opens up an entire can of worms. these parents did not pull the

trigger and the case turned on whether they should have foreseen that their 15-year-old son was capable of this kind of massacre. the right person is behind bars, trust me. ethan has no defense and pulled the trigger and never going to see the light of day. i'm happy about that. but for me and a lot of my legal colleagues, this is a bridge too far. >> bill: just on that point, jonna and paul maybe you can join this conversation as well, there are dark drawings he had made at school that day and apparently nobody at school took action. and also they ignored signs of him at home and maybe that falls on the parents. the drawings in school, does that come back to the parents as well? we had a discussion at the fox news channel earlier today if you had a baseball bat in your house and one of your kids used that against another person, are you liable for that behavior, paul? >> yeah, so as jonna said, they

are charged here for essentially not doing something as opposed to doing sometething. but again, i think the reason this one got over the line and why many others in the past have not and in many cases hasn't been considered is because the facts were so egregious. for this charge in michigan the mental state is negligence. it is negligence. what does that mean? that means that you didn't see the risk but you should have. the slippery slope argument is valid because as i said, that's why i don't think this is going to be enormously precedent. you are extending liability to somebody who didn't do something and then the question becomes should they have foreseen it. in this case the jury felt that the facts were just so egregious in light of the fact he was under age, shouldn't have had a gun. they bought the gun. the gun wasn't locked up. there was so much ini shall yeah of the fact he was going through

a mental episode. at school with the gun that they bought him in his backpack. nobody thought to look. so i think that cascade of facts is why in this case it got over the line with the jury. it is not unreasonable to expect it to go up on appeal and to be overturned because it is something new and that's why i don't think it will be a coast to coast trend here but something everybody is watching. >> dana: because it is something new, jonna, is it possible that the sentencing of the parents, if there were an appeal, that the appeal might revert back to 0? >> well, that's a really good question. really let's back up for a second. what will this judge do? everybody knows that these two cases are going to be appealed. that's a given. so is this judge going to give these parents time served so they can actually walk out of

jail right now as they file their appeal, or is he going to stick with this trend for lack of a better word and throw the book at them and lock them up for 15 years is what they could each get for these crimes. is he going to do that so they can rot in prison while they file their appeal? that's the question on my mind. and really what this judge should do and i think she oversaw both cases, she should say look, the message has been made, even though the jury has convicted, i am able to give them time served and other conditions so that they can be released. they have been locked up since they were charged because they could not make bail. and leave it at that. at least there is a conviction and remember, they are not the trigger people. to me that's the fair thing to do but this has been fraught the legal surprises. >> dana: james crumbley was

accused of threatening the prosecutor in a phone call. that could also weigh in on the sentencing. paul, could i ask you something about the facts of the case and the fact it is unusual, which is the parents have been made responsible, right? the jury said responsible. but the school did call the parents, the school did not force him to leave. if you take this thread and pull it further, then would the school administrators be responsible as well? >> well, right there that defines the slippery slope that everybody is concerned about. when you have vicarious liability and start extending it you start getting to all kinds of scenarios that i think make a lot of us uncomfortable. i think in this case the decision was that the parents were in the best position to know about his mental health. they are the ones who bought him the gun, were taking him to the

range. reportedly according to the facts that came out at trial had ignored his pleas for help and so i think that's why they limited it to the two parents and again, you know, you are right where the gray area is that makes a lot of people uncomfortable and why i think this is going to be contained as opposed to being some trend that we are hearing some people talk about as a new thing in american law. >> bill: so here is the father, and this is james crumbley coming into court in the orange jumpsuit. his son was 15 years old when the murders were committed. four dead, seven wounded inside that school. and what the mother has testified to is that the father was the one responsible for the purchase and storage of the gun. that was a big part of her own defense. so as he comes into court, we should see his wife. they are still married even though there was an alleged

affair occurring at the time. so this is the moment where we should probably hear the judge call the first witnesses who will testify either on their behalf or against them, and as mentioned a few moments ago, we do expect james and jennifer crumbley to take the stand in their own defense today. >> dana: a question, they were tried separately but they are being sentenced at the same time. why would that be? >> that is also a little unusual but i think the reason why they were tried separately is jennifer crumbley was pointing her finger at her husband. it wasn't a good idea to try them together. for purposes of judicial economy, sentencing at one time makes sense. here is a good reason. the victim's families will get a chance to speak then as they did in ethan's sentencing. don't make them do this a third time by coming to a third sentencing. let's get it done together and

that's my best guess. >> dana: jennifer crumbley has entered the courtroom. she is in a black and white striped prison suit and fitted for a microphone and maybe the headphones that they put on james crumbley, her husband as they await sentencing. we expect to hear from both of them. kerri ku kerri kupec urban is with us today. >> the first time parents are held liable for their child committing such a heinous crime. we need to think through the different element of murder. they aren't being charged with first degree murder that would require premeditation and willfulness. they are not being charged with voluntary manslaughter, which when you learn about that-in-law school it usually described as the heat of the moment, the heat of passion. you kill someone but you do it out of emotion. the best example of that would

be if a spouse walks in on another spouse cheating and they murder the person. it is involuntary manslaughter. they didn't have the mind set. no intentionality but reckless negligence and that's why we're here today. it is quite historic. >> bill: the prosecutors are recommending ten to 15 years. what do you think of that recommendation? >> it is consistent with the michigan state law for involuntary manslaughter and looking through these facts, yes, you all have already talked about the text messages. they know their son had a mental illness of some kind or had issues certainly. they bought him a gun, took him shooting, the school called them, asked them to take the son out of school because of drawings he had made with respect to the gun and possibly his classmates. they said they couldn't because of work and the next thing you know he killed his classmates. certainly as we've discussed and

we've been discussing for a long time, the first of its kind. i think it is on balance it's a very interesting case. >> dana: paul, as we wait to hear from them, do you think their statements will have any sway with the judge on how he decides the case here? >> probably not. >> dana: i was going to go to paul on that. >> sorry about that. >> i will agree prob not. i think in light of the fact that they fled and some of this reporting about the jail house calls, you know, they will get up there and make their case. at the end of the day they are convicted. the case passed the first and toughest bar so they're where they are for a reason. >> bill: so the judge in this case is cheryl matthews, the county judge in oakland county, michigan, which is north and west of detroit, michigan. the city is pontiac, officially

rochester hills as you see on screen. while we listen to the judge and see how this proceeding will begin and then we'll be able to recollect things here. cheryl matthews should be on the bench momentarily. again, both are charged with four counts of involuntary manslaughter. seven injured, four dead on that fateful day. >> case number 22279, 990. >> good morning. >> good morning. >> i'm here on behalf of james crumbley. >> i'm here on behalf of jennifer crumbley. >> good morning, may be seated. i want to tell you that i became ill last friday and i've been taking medication for the last five days. i feel fine, my doctor says i'm no longer contagious but i have a lingering cough that is sure

to -- i determined my cough would not be as anotifying as adjourning the sen tones. i know this is an emotional day for everyone. i want to ask mr. crumbley, can you hear? >> i can. >> i want to make sure. court reviewed the pre-sentence investigation and sentencing recommendation was provided. with regard to defendant mrs. crumbley have the prosecutor and the defendant had the opportunity to read and discuss the pre-sentence report? >> i have had the opportunity to discuss it with my client and we do have a few objections. >> okay. >> there is one correction. >> you are getting ahead of me. >> it's a little unwielding with everyone here. i want to make sure you went over the pre-sentence report. the prosecutor had that opportunity as well. with regard to defendant mr.

crumbley has the prosecute or, the defendant and mr. crumbly had a chance to read and review the report. >> yes. >> with regard to defendant mrs. crumbley, do you have any corrections, deletions or additions? >> while they get this in order there in michigan, why don't we get a quick break here. the father is wearing headphones because he suffers from hearing loss. you heard the judge say sir can you hear me okay and he said yes. that will be the way that he goes through this. really is the moment of his life that he will find out his sentencing today. let's get a quick break here and back to michigan in a moment. >> i've discussed this with probation. lord, you know what's on our hearts. you know where we struggle. you know where we need to be pushed. help us give it all to you. the good, the bad. help us turn to you in everything we do. amen.

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>> bill: we were listening to this court case up there in

oakland county, michigan. jonna spilbor reminds us that in cases where there is such a wide ranging set of years for sentencing, the sentencing hearings are critical and they can ultimately sway the judge. in this case the judge, a ms. cheryl matthews, has ultimate say over how many years they get. i want to give that information to you. we continue to watch the court gets its orders in order and we'll get back there as our coverage continues momentarily. >> dana: it's our honor to bring in our next guest. a combat medic. his vehicle was hit by a missile and resulted in the loss of his arm. ron is part of an organization that treats wounded idf soldiers. what an honor to have you here. we want to talk about your recovery which is going well. tell us also about that day on

october 7th. you immediately were called to go and fight? >> yes. i woke up in the morning. i was on vacation in my home. started to get a lot of messages from my friends on the base telling me that there is a lot of terrorists in the base. they need everyone. they need help. i drove as fast as i can to the south and yeah, that's it. >> dana: your vehicle got hit by a missile? >> yeah, anti-tank missile. >> bill: you were injured and our own fellow soldiers. idf thought you might have been a hamas fighter and they held their fire and they helped save your life after you had been unconscious for some time. now you are six months and two days removed from that day of terror. not a day goes by where you don't think about it i'm sure.

>> of course. >> bill: we look at a raid in southern gaza. netanyahu said there will be a raid on rafah. the day has yet to be named. in the meantime you have dozens of israeli hostages that seem to be lost in this story. what do you think about that? >> war is a tough thing. it is really -- it's really hard to know how to do perfect stuff and what to do on a difficult situation like that, like the hostage situation. i don't know too much about politics, i don't care about that. >> dana: your best friend was killed that day, also a fighter? >> yeah. he was of the friends from my unit. >> dana: on your necklace you have a tree that says october 7th. tell me more about it.

>> it is my unit sign, and the tree of love for me will be part of me for life and so always remind me of my friends that got killed on that day, 18 friends from my platoon that died. >> dana: wow. >> it is hard. >> bill: you said there is a lot of stuff i can't do like i did before but that's okay. i will have a normal life. and you are in new york for a reason because you are going to get part of that new life. you are going to have a prosthetic as a right arm and a lot of israeli and american doctors have helped you make that happen. >> yeah. >> bill: how does that feel? >> i am really -- i don't know what to expect about that because i don't know if it is going to be exactly like what i

had before, all the things i can do with the prosthetic. if it will make me feel like before. so i just want to see if it is going to help me and -- >> dana: if you could look ahead five years from now, what would you like to be doing? >> keep enjoying life, do something that is important to help others, like this organization and that's it. living a good life. >> bill: when does the war end? >> the war ends when everyone comes back home. the hostages and the soldiers. >> dana: the war could end today if they released the hostages. >> yeah. >> dana: it is an honor to met you. you will finish up with prosthetic fitting and back to israel thursday. we wish you the very best and

thank you so much for coming. thank you. >> bill: nice to meet you. good luck. >> dana: take care. while we were doing that interview producers are keeping eyes on the sentencing hearing for james and jennifer crumbley. we'll go back to michigan as things get underway. >> unfortunately there is no end in sight. we don't see any change. this is a new norm. unfortunately someday we'll get a rude awakening. >> bill: he watches this every day now. a san diego county executive warning in his words of a catastrophe if the migrant crisis is left unchecked. it is jim desmond and will join us live coming up. san diego has become a popular place for migrants. alarming spike in cancer among younger adults has doctors worried. researchers with an idea of what might be causing it. dr. marc siegel is here to explain all of that for you.

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james and jennifer crumbley will learn their fate today at the hands of the judge to give them what she believes the punishment requires. they are on trial, convicted after their 15-year-old son killed four students at the local school. so back to their case in a moment as it continues there in michigan. >> dana: as texas tightens its borders with new razor wire illegal crossings are shifting to new mexico where our cameras captured a group of migrants apprehended by patrol agents in the desert. bill melugin live in eagle pass, texas. good morning. >> good morning. texas has locked things down in eagle pass and down in the rio grande valley. now most of the illegal crossings is over in the el paso area. we'll take you there. look at the video our team shot yesterday afternoon in el paso. a group of 100 illegal aliens waiting at the gate 36 to be processed by border patrol. the same gate a few weeks ago we

saw the rush or riot of illegal aliens that overran the texas national guard trying to get into the country. mostly venezuelan nationals and mexican nationals. now what they do is go up to the gate and hope that the feds will process them because they believe they will all be released into the united states. you mentioned new mexico. take a look at the video. right next door next state ten minutes away on the border with el paso the new mexico area is seeing a surge of evaders, primarily adult men looking to sneak into the country. border patrol arresting some of those men yesterday. the guys who want to be gotaways but these agents are able to track some of them down. they are arresting hundreds of these single adults in new mexico day in and day out. also in el paso sector look at these images. border patrol making a stash house bust that initially started with a vehicle human smuggling bus that led them to this house where they found 29 illegal aliens held inside.

what happens is the cartel will put the migrants into these stash houses and hold them there until they can get them deeper into the u.s. border patrol says just that el paso sector alone has busted 136 of these stash houses just since the start of the fiscal year october 1st. lastly we'll bring it here where we are here in del rio sector border patrol announced they recently arrested these two sex offenders. one convicted of sexual assault of a child border patrol says they have arrested more 8,800 criminal aliens just since october 1st. >> dana: thank you, bill melugin. >> all my life the federal government was at least making an attempt to keep the border closed and keep people from coming over, especially back actors and people in the cartels and gangs and people who we knew wanted to hurt us. now the gates are wide open. >> bill: it is moving yet again,

those gates that are wide open. migrant crisis reaching critical levels. 125,000 people released in san diego since september is enough to fill the san diego padre's stadium three times. jim desmond is a san diego county executive. your increase in encounters in one year from february of last year to february of this year is up 85%. how come, jim? >> well, that's because we, the united states government, are not enforcing our border laws and we're not stopping people from coming across the border. here in jakumba where people are walking through. border agents said they were not able to stop there, just process them once they got over here. then what they have done is

dropped off these 125,000 people since last september in our street drop-off at a transit station here in san diego county. there is no order at this drop-off site, no program, no one there to help or help get these people on their way. there are a couple of nonprofits that help in that effort. these people -- the migrants are vulnerable to human trafficking and drugs and things like that. it just really leads to -- could have some terrible consequences as the border patrol did not have the time to properly vet these people coming from around the world and of that 125,000 op-offs, predominantly most are young adults, 80% male being dropped off on the streets of san diego county will very little vetting. a recipe for disaster. >> bill: you said it is our laws, us, not the border patrol. in years past they would run away from border patrol. now they run to the border

patrol because they want to be apprehended and allowed into the country. do you think -- i guess it was at least 70 executive orders reverse evidence in january of 2021. do you think this had much to do with this? >> absolutely. previous administrations, even obama and trump and bush, even clinton stopped people from coming across the border. the biden administration is not doing that. it is our laws. if we would enforce our own laws, people -- and we allowed people to apply through their embassies throughout the planet essentially and come in legally with dignity as opposed to coming under or through a fence or being dropped over a fence, this is on us. we all like to say these people shouldn't be coming here. we're allowing it and you are showing right there that's the hole in the fence where people freely walk through. i watch people come through there standing next to a border

patrol agent. they were powerless. they were told from above not to apprehend them. let them come in. >> bill: we can all see it every day before our own eyes. the one thing that's ominous, we could get a rude wake-up call someday. hope you are wrong about that. we have to run. we're out of time. i appreciate your time. thanks for getting up early in california. jim desmond in san diego. >> dana reads sports. >> what an amazing run. it is a uconn culmination. the huskies make history back-to-back. >> dana: let the celebrations began. uconn clinched back-to-back men's title beating purdue 75-60. this was bedlam with uconn fans going nuts over the huskies six national title. chalking up the team's success to a throwback attitude.

>> we're old school values in terms of how hard we work. the type of people we bring in. a good formula how we go about playing ball. >> dana: we love those old school values. >> bill: we do. come on. winning once is really hard. winning back-to-back is very hard. >> dana: let's see if they can do it next year and then i'll be impressed. >> bill: they beat teams by 25 points. congratulations to uconn, you are the champions. back to oakland county, michigan we go. it is moving along at a slower pace than maybe some of us would like to get a resolution in this case but the judge is in control. she will call balls and strikes inside that courtroom today. get a quick break. 9:43 now here in new york.

>> information that i did previously have. have consulted with the michigan department of corrections, they have indicated to me that if mr. crumbley and the shooter are in prison, the michigan department of correction would characterize them as enemies. the reason being they will not -- be like two brothers or someone like that. they will not -- their characterized in that way so they won't be housed in the same facility. so there is that factor. >> dana: that was just a few moments ago. the judge making that aside. we are waiting because we believe that both james and jennifer crumbley will make statements before the judge as they await their sentencing. also waiting with us kerri kupec urban and paul mauro and jonna

spilbor. you were on the police force and an inspector and also a lawyer, was there ever a case you had where you thought parents were negligent and should be held responsible? >> that's a very good question. i didn't have cases that involved parents. thinking of a federal terrorism case where the perpetrator was under age and parents were very cooperative. we made the decision to involve the parents because we were trying to forestall something before it went. ultimately we had to move when the person hit 18 years old and attempted to board a plane to fly over to join a designated terrorist group. but in that case their actions extended nowhere near into the realm that the crumbleys do here. no causation and weren't

consp conspirators. it never went this far and i think that's why this case is unique. we have to recognize that look, the prosecutors got it done. as unprecedented as this is, they got it past a judge and this is something that very well may be overturned on appeal. may be something procedural or go to some element of the crime they feel the judge got wrong, but at the end of the day they got there and that is why this case is potentially quite significant. >> bill: in your experience if the prosecutors are recommending ten to 15 years, the judge could surpass it and come under it. has she made up her mind already? >> typically in most cases, this is from my experiee in the court of appeals of virginia, judges pretty much know where they'll land by time they get to the bench in something like this. there were times when i was on the court that a defendant's

statement or a lawyer's argument they would make a compelling point, we would go back to chambers and the judge would mull over that in a renewed way. so while it can impact typically the judge already knows where they will go with this. >> dana: thank you both. jonna, one quick thought from you as you are listening here. we're waiting. do you think it will help or hurt them at all if they speak to this judge? >> i think today really makes a difference, dana. and at least james crumbley should speak. he didn't testify in his own case. for him to show remorse i think would go a long way. right now they go over the criminal resume of these two, the scorecard from probation, what their recommendation as to how long these two should get. maybe recommending the same amount for each. maybe not. today very much could make a difference. >> bill: remember when she was on the stand she struck me how matter of fact and calm she was.

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competition. >> we don't believe it is a ban. there are some restrictions. first of all, our male category or male sports are open to all. we did this consistent with title ix and protecting our women who are playing and making sure there is fair and safe competition for them. >> on monday they announced the policy only naia student athletes who biological sex is female may participate in these sponsored female sports. it goes into effect in august. impacting the more than 83,000 student athletes at more than 200 mostly small colleges across the country represented by the naia. this group is the first college sports organization to make this big change. a three-time olympic gold medalist tells me this is a huge step in the right direction. >> who has created the women's

sports movement have been women. you know, how quickly that it could be ruined. that it could be taken away from us. we have to make sure that women's sports stay for women. >> if you can believe this not everyone is on board with the change. human rights campaign, nation's largest lgbtq rights group says every student including trans students deserve the opportunity to be part of a team. >> bill: alexis, nice to see you in studio. dana. >> dana: we're watching a sentencing hearing for james and jennifer crumbley. the first parents of a school shooter to be held criminally responsible for their child's actions facing up to 15 years if prison. we await victims' impact statements. remarks from the crumbleys themselves and the judge's final decision. we're watching this and bring you all the breaking news as it happens. first israel is regrouping and gathering its strength t