♪ >> welcome back everybody, thanks for joining us bright and early. alisyn camerota here with dave briggs and clayton morris. >> yes, you are. coming up on the show and i

know you were waiting that pause, it was dramatic. are' like william shatner. coming up on the show we've got the photos, the high school year books being retouched and parent opting in to do this. we'll show you the photos in a minutes. >> let's get the headlines, they're planning to drill through the rock to the coal miners. the six inch wide opening will help search crews test for lels of toxic gases before they can safely enter. relatives of the missing miners were given a tour in the site in order to better understand what rescue crews are dealing with. the coroner's office revealing the gruesome details of how tina herrmann, kody and you may want to turn down the volume if your children are awake. they were repeatedly stabbed

in the back and dismembered and eventually bodies put in the hollow of a tree. a suspected drug lord could be on the way to the u.s. to face drug charges. valdez is known as la barbie because of fair hair and complexion, born in texas and arrested in august. blamed for scores of murders in mexico and he was apparently a lieutenant. the extradition process could take month. they were 18 and out of luck. marine, jason martin and his wife hillary denied staying in a hotel many roux they booked for their honor, because they were not 21 years old. they claimed they never mentioned the policy. after hearing what happened the owner issued an apology although it's not our policy

to reserve rooms to junker guests for liability reasons an exception should have been made. >> all right, two of baseball's cathedrals, featuring big skin on saturday. both yankee stadium and wrigley field made college football a little cooler to watch over the weekend. first, we started at yankee stadium, where notre dame became bowl eligible with an impressive effort against army. and tommy reed, 14 yards and a touchdown on the second career start. the irish defense does the rest, 27-3, the quarterback actually prepared at derek jeter's locker, i say that, friends, is good luck. next to wrigley field where both illinois and northwestern offices were forced to go one way, like a lot of the surrounding streets there in chicago thanks to a wall too close for comfort to the east end zone and offense was particularly the an illini's

shore, unbelievable game. 330 yards rushing, most in college football this year and that's a school record. illinois all over northwestern, 48-27. and in nascar, it's all come down to the sprint car championship. denny hamlin can clinch the title with a win and jimmie johnson just 15 points behind and kevin harvick, 46 points back, they'll all do battle today. it's miami, homestead, motor speedway, the race starts a little after 1 p.m. eastern time and great to see nascar getting that type of dramatic finish for the season. >> not to throw you under the bus, how many points can you win with one of those things. maybe rick knows. >> enough to win for the second place racer, but not enough for the third. >> okay, thank you, rick, actually, for having to answer that. >> you know what, it's so early in the mork we forgot to get a lighting guy out here and as usual it's the time of year i forget my winter coat

before going outside. >> the time of year where you get the flu as a result. >> of course, today is my friday and lose my saturday. there you go. take a look at the weather picture, there are things going on. cold air across the northern plains, but this is kind of that dividing line. 59 in kansas city, 29 in sioux falls so big differences in those temperatures there. the cold air is going to win out and a lot of us are feeling the first really winter plastic and stretching to the east at least by this weekend and feeling like christmas will have thanksgiving, it won't be bad for a lot of people. here are the temps across the country. cool across much of the west and in front of that storm is where the warm air is pulling in across areas of the south and take a look at the forecast for the day today. the northeast, a little bit cooler than yesterday. around 10 degrees cooler, tomorrow, about 10 degrees warmer, a bit of a see saw thing across the east and very warm and nice, 72 in atlanta, around the 80's, around areas of the gulf and it's across the west where the big storm

is falling in, causing all kinds of problems and areas of southern california, san juan mountains, a blizzard warning in effect, winds maybe around 40, 50 miles per hour and probably two to three feet of snow accumulating by the time it's done and heavy snow continuing across the sierra nevada's and at least by tuesday morning or so. 38 cool in seattle, tomorrow you're only going to be to the lower 30's and cold air falling in behind this and here you go. 18 degrees tomorrow as you're starting your work week in missoula, very nice across areas of the south. guys, it's chilly out here, back to you inside. >> come on in, rick. >> listen to this, there's a movement afoot now in schools where parents have the opportunity to ask the photographer of their child's cool portraits to have them retouched, to remove a blemish, to remove all sorts of things from the photos and it seems like it's happening more and more.

10 pe 10% according to the website. 10% of them are now being retouched because of parents' requests. >> i'm all for it, i'm all for it. >> clarify. >> let me clarify. in small measure, my daughter who at the time was four had a similar experience to this kid. right before her class photo she had fallen and scraped her face, so, forever now in her little pre-school photo she has a scraped face. kids heal quickly had it been taken friday instead of monday. >> isn't that photo priceless i've had those and always look back and laugh. there's a story there. that's a character building experience, i mean, laugh about it, it's not your senior picture they're going to show forever and ever. >> okay, look, and just what parents are doing, if a child loses their teeth, they're filling it in. that's the child's chronology. >> they're swapping out the entire head if they don't like

it, they'll swap out the head and retouch, take braces off your teeth. they'll add a tie, change the shirt sleeves. >> they're doing teeth wyattening. >> acne. >> remember, pimply kid. >> this is me in the 7th grade. >> oh, no. >> oh, they'd have a field day with that photo! can they retouch that shirt. >> yeah, change the shirt. please, i'm getting dizzy. >> blame my mom for the shirt at the time. >> and clayton you had everything going wrong, a cow lick, braces bad shirt. >> and the photographers would remove the braces. >> that's part of the standard badge. >> wow, can they remove your ears? >> these are morris ears, i can listen to fm station. >> parents are going overboard, if you change the braces you're changing the child's history and chronology, but to take away a little scar, not a scar, a

scab that wouldn't be there the next week. >> i agree with you, scabs, scars, things that aren't part of their natural appearance isn't a big deal, but things that are part of them. parents taking out a birthmark. >> i object to that. >> that's who they are. perhaps they're taking it too far. great e-mails and twitters. >> if you've got embarrassing photos like mine, our producers will grab the embarrassing ones. >> they could never be as embarrassing as that one. >> coming up, across the country, standing with passengers who say the new tsa procedures are too invasive. why they say the screenings won't be happening at their airports. >> it's time of the year to be thankful and give back and celebrities like trace atkins are doing just like, we'll look inside the latest uso tour next.

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>> welcome back: uso always busy providing entertaining for our troops. big fames helping out. >> fox news correspondent courtney friel took a look at the newest tour. >> good morning everyone, the united service organization's first mission was in 1941 during world war ii. today the uso hosts putting on events overseas and state side. afghanistan, japan or germany wherever our troops go, the uso is there. ♪ it's going on like donkey kong ♪ >> from musicians to nfl superstars and even cartoonists, the uso teams up with celebrities with one mission in mind, lift the spirits of american troops. >> there's nothing better to

take it overseas and having to say thank you for freedoms we take every day. >> and the latest, trace atkins, third uso tour in the middle east. and those five star accommodations. >> the uso takes care of us, it's not like you're camping out. not particularly colors of m & m's. >> they put in 18, 20 hour days and do it more straight. >> and when trace gets home, he gives back and giving a free concert at fort benning, georgia. and they appreciate it. especially for free, a wonderful thing. >> a good distraction and gets our mind off the norm. >> i think it's great it shows they actually stand behind our soldiers. >> and trace feels their love. >> it's the most appreciative crowd you'll ever play for. these guys and girls are over there giving these people a

chance to at least live in a country where they can survive and hopefully prosper some day. >> between now and the end ofs year, they're planning 14 celebrity tours, williams, sugar land and katy perry. and scarlet gentlemen hansen did a tour in 2008. all are donor based, if you would like to support their cause at the uso.org. back to you. >> thanks, courtney. >> my mom was in the uso. >> is that right. >> a uso girl. she did the dancing and jazz dancing. mom, give me some jazz dancing, she's like never. >> let's have her on the show. >> she's going to kill me for mentioning this. >> coming up on the program a student body president admitting he's an illegal immigrant to show support for the dream act. is it fair to students who are legal residents?

we'll talk with that student live in our next hour. >> and then a child tragically drowns in a swimming pool at a foreclosed home. now, the parents are suing the bank who took over the house? are they really responsible? we'll have a fair and balanced debate next. [ amy ] as a dietian, all of my patients are my top priority. but one patient is my favorite... my mother. lastear mom needed addional nutrition so i recommended boost nutritional drink. and she still drinks it every day. [ male announcer ] boost has 26 vitamins & minerals and calcium to help keepones strong...

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>> time for some quick headlines. thousands of tourists, including americans rescued at mt. everest. they used transport helicopters after bad weather trapped the visitors, some stranded more than a week. royal wedding bells now set for april. sources say prince william and kate middleton picked a date at the end of that month and an official announcement expected this week. >> great. >> and well, the foreclosure crisis also posing a safety threat.

at the site of an abandoned home in a recent incident, a young boy wandered on to a foreclosed property and drown. and the parents are going after the home owners and should they be held robert. an attorney and gel helm rich, joining us from pittsburgh this morning, nice to see both of you. joe, let me start with you. if the bank owns the property, they have a pool at this property, child wanders into the pool and drowns, doesn't the bank have the responsibility here or no? >> no, not necessarily. i mean, the bargaining-- you created the situation saying that the bank is the owner of the property and as the owner of the property, the bank would have defenses that are available to all home owners the bank should not be treated any differently than any other home owner. >> michael, do you take that at face value?

the bargainink owns the propert doesn't the bank pay restitution and pony up for the family? it seems they are the owners of this home. don't they need to put a fence in. they come in and board up the front of the house and don't they have to drain the pool? >> absolutely, clayton. the law is clear, a homer owner, whether it's a bank or you and me, we both have to keep our property safe and for most everywhere in the country, if you own a pool, you have to fence it, and you have to have a working screen door around it. in fact, in the florida case, the screen enclosure around the pool was wide open and for a few dollars they could have fixed that door and could have saved this-- averted this tragedy, terrible. >> what's the difference then? what's the difference? why is the bank not a home owner in the situation? >> the bank may be the home

owner, it took the property through foreclosure. what we don't know from the facts as they've been presented to us, what steps the banks did take. the bank may have put a fence and may have in fact put a lock on the fence, they movie in fact covered the pool. they may have in fact taken all of the necessary steps to make that pool safe. they may have not also known about the problem. it's possible that when they lent money to the owners of the property, who borrowed the money to build the house, subsequent the pool may have been built and the bank no nothing about it. >> michael, you're smirking at that. you're saying the bank wouldn't know they had a pool? >> i'm saying throughout this banking crisis the bank saying we have so many properties we can't take care of them all. if my bank would lose my money, stolen, you know we have too much money, michael,

i can't watch all of your money. it sounds like the same argument to me. >> it's easy for everyone to point fingers at the bank. there are many times that the bank would have lent money to an individual and that individual then abandons the property and never makes a payment on the mortgage and the bank has a mortgage on the property that may decrease in value and may decide that it's a better deal for them not to foreclose on the property, not to take over the property and the bank ends up a loser in this bad situation, and just like everybody else. >> mike, let me ask you this, if you're a home owner, so many americans are going through the foreclosure process. do they need to be worried that their houses they have a fence or some sort of an issue with the back of their house and god forbid somebody wanders on the property and at the home they're not living anymore, do they need to be concerned. >> in a civilized society if you have a pool, you have to maintain it in a safe condition just like anyone

else does. what happens, a lot of home owners get underwater and don't maintain insurance on their property and don't have any assets if they leave the property and the bank takes it over, well, then the bank becomes responsible because they have taken over ownership of the home. if they own the home, they're responsible, just like any other home owner, they don't deserve special dispensation for that. >> joel, the final word? >> well, they have any defenses that a home owner would have, whether or not they've contributed to the problem and taken necessary steps to prevent problems from occurring. simply because they're an owner of the property does not make them automatically liable. >> all right, michael and joel, we appreciate you joining us this morning and goes to show you how far this foreclosure crisis has gone. >> thank you. >> coming up on the show, the first of what terrorists say will be many attacks. new details into the failed mail bombs. how cheap they apparently were to pull off at the top of the hour. then the debate over extending

bush tax cuts, one of the main topics on capitol hill. now, some millionaires are weighing in, saying, you know what, go ahead and let those bush tax cuts expire. we want to be taxed. ♪ ♪

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