victims and charges could be coming. this is moving far beyond sandusky and threatens to taint the golden legacy of head coach joe paterno. joe paterno's tenure as a coach will be over soon and penn state is planning his exit. the time cites two people briefed on conversations with penn state officials who says the board of trustees has yet to determine the timing. if this is a sign of anything, paterno was scheduled to hold his weekly news conference about an hour ago. reporters including our jason carroll were there ready to ask paterno about sandusky, the rape and abuse charges and what paterno knew. that news conference was canceled. instead penn state issued this statement saying due to the on going legal circumstances centered around the recent allegations and charges, we have determined that today's press conference cannot be held and will not be rescheduled. so the big issue still remains who knew what for how long and how was the situation with sandusky dealt with? penn state's athletic director tim curly and gary schultz, the senior vice president of business and finance are accused of lying the a grand jury and what the attorney general said was there, quote, inaction that continued a predator to victimize children for many, many years. both were released on $75,000 on monday and both have resigned from penn state. sarah ganam has been covering this for "the patriot news" and was planning to at tbd joe paterno's news conference. sarah, nice to see you. a lot of people are asking where was paterno through all of this? what do you mang of the fact that the news conference was canceled, is there any word, any con formation from what "the new york times" is reporting about a possible exit for him? >> reporter: joe paterno's story has been what he knew was that something happened in 2002 that was inappropriate, but he didn't know the extent of it. as far as what happened right now here today, our statement from the paterno camp is that he was disappointed that this press conference was canceled. he was looking forward to holding it because he wanted to, one, to address the concerns people are having and, more importantly for him, talk about the team. he said canceling it was really unfair to the players who have no part in this scandal, so-called scandal that's been unfolding around us. >> give me a skens of what's happening on campus. what is the reaction to this scandal that is unfolding and to paterno still being there. >> i mean the reaction on campus right now is shifting from this shock, this initial shock to kind of this feeling of hurt and not understanding what happened. these people that they look up to and idolize, why they didn't make decisions that these students feel maybe they should have made. but i have heard from students, paternoville, that's the camp that students camp out before football games for front row seats. that started today. it's in full force. i talked to students who plan on attending the game, they don't want to punish the players, they don't want to diminish their penn state pride. as a university as a whole they still feel like penn staters, this is just a huge letdown. >> before i let you go, i have to ask you about these two cases from 199 and 2009, the two mothers of these two victims, victim one an victim six, did speak to police, reported this to police. have you had a clans to speak with either of these women? >> reporter: i spoke to both of those women yesterday. both of them feel betrayed. that's really how they feel. the one from 1998 feels horrible that this had to happen to the kid from 2009. the mother from 2009 feels horrible that the other one wasn't believed before because it led to her son becoming a victim. they're both feeling this just utter betrayal from a lot of different places, from the system, from penn state, from several people who are supposed to be pillars of the community who they feel let them down. >> it's quite a story that is unfolding there on campus. sarah ganim from "the patriot news," appreciate your time. in about four hours herman cain plans to, in his words, set the record straight to the sexual harassment claims dating back to his time at the national restaurant association. already the gop presidential hopeful accused his accuser of totally fabricating the story she first told this time yesterday and repeated last night and this morning on cnn. here is cain telling abc's jimmy kimmel about his staff watching him watch sharon bialek's comments. >> they could see steam coming out of my ears. the feelings that you have when you know that all of this is totally fabricated, you go from anger. then you get disgusted. you try to control yourself to make sure you watch this thing all the way through. i was listening closely. when it was all over with, i said i know what we've got to do. there's not an ounce of truth in all of these accusations. >> for the very first part of what he said, anger, frustration, that's exactly how i feel. scratch the end, though, because you know what i want to say to herman is, if not for yourself, to come forward and admit this, what is his wife going through? that's who i feel for the most in this whole thing. >> we'll hear more fro both sides at the bottom of the hour. another big story we're following right now that could strain u.s.-israeli relations. a microphone gaff allowed journalists to listen in between a private conversation between president obama and nicolas sarkozy. both men offered unflattering comments about benjamin netanyahu. >> brianna, what was said. >> reporter: according to this reuters report it was president sarkozy who said something unflattering. it appears that president obama didn't really take the opportunity to come to israeli prime minister netanyahu's defense. a small group of reporters heard this and it was french president nicolas sarkozy said i cannot bear netanyahu, he's a liar. according to a french interpreter, so obviously the president's comments were translated into french. he said you're fed up with him, but i have to deal with him even more often than you. again, we're trying to independently confirm this. this is what reuters is reporting at this hour. >> any comment from the white house at all on this? >> white house press secretary jay carney as you can imagine was pressed on this. he gaggled on "air force one" en route to philadelphia where the president was pressing for his jobs pla again today. he said he didn't have a comment on the purported conversation but went on to emphasize solidarity between the u.s. and israel and to paint daylight on u.s. and france on the recent vote for including palestinians in membership of a u.n. agency. right now u.s. policy is that they shouldn't seek membership in u.n. agency to move toward statehood. the u.s. is saying they need to sit down for direct negotiations with israelis, a process that is sometime manied at this point. >> brianna keilar, thank you. a community and program in turmoil over sexual abuse charges. how penn state alum are reacting to the charges. lav var arrington will join us live next. former heavyweight boxing champion fell to liver cancer yesterday at the age of 67. in a way that is almost impossible to imagine today, frazier and mow ham head ali had the world transfixed in the trilogy of fights with included the epic thrilla in manila. 32 wins, four losses and one draw. ali said in a statement that the world has lost a great champion. we agree. smokin' joe, you are today's rock star and you will be missed. for more on the legend of frazier, brooke baldwin will speak to mike tyson in the 3:00 p.m. eastern hour. ♪ ain't nothing like the real thing baby ♪ [ whirring and beeping ] [ ding! ] and we give you a discount on both. great! did i mention no hands in the bundler? 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"the new york times" is reporting joe paterno's tenure as a coach will be over soon, penn state is planning his exit. "the times" cites two people briefed on conversations with officials who say the board of trustees has yet to determine the timing. clearly this no longer is just about jerry sandusky. the timeline of what is being alleged is important here. according to a grand jury sandusky allegedly victimized eight boys at least one 7 or 8 years old. he's alleged in some cases to have raped or forcibly sodomized young boys over a period of ten years going as far back as 1994 while still the defensive coordinator at penn state. in 1998 he was reported to university police by an alleged victim's mom for touching and taking a shower with her young son. athletic director timothy curly and vp schultz said they didn't know. the following year sandusky retired from penn state. he retained access to penn state facilities as a part of the contract. the most disturbing case occurred in 2002 when when a graduate student said he saw san sandusky in the showers having sex with a boy estimated to be 10 years old. that's where both curly and schultz come into play. both were told about the case but were alleged to have swept it under the rug. most recently the attorney general began the grand jury investigation after sandusky was reported to the authorities for allegedly fondling and having oral sex with an 11-year-old boy and was barred from a school district in 2009. that brings us to today. very few know penn state football as well as lav var arrington, an all american linebacker at penn state and went to play for the washington redskins. lavar is on the phone with us joining us from d.c. i know this is a tough topic for you. your final season at penn state was in 1999, also sandusky's last year on the coaching staff before he retired. first, what is your reaction to these allegations? >> just very shocked, just shocked at all of these developments. just listening to you go through the laundry list of everything that has taken place, just very shocked and very -- it's just one of those feelings where you feel almost be troyed, you know. you feel like you're a part of something that maybe wasn't what you thought it was. i think that would be probably the clearest or the easiest way of trying to put it in words. it's kind of difficult to know a man the way that i knew jerry, and him being a part of what's going on. >> what is jerry sandusky like? >> what was he like? in my dealings with coach sandusky, he seemed to be the type of person that you wanted to pattern yourself after as ironic as that may sound. you looked at the way he was involved with the community and how he gave back. as a football coach i think that kind of spoke for itself, the reputation that was forged through the years of hard work by him. it's becoming known as the university known as linebacker u. he did a countless amount of things that seemed to be selfless acts. it came across as someone that set a high example and a standard as to how you were to conduct year self. and i attribute a lot of things that i did and being as active with young kids, it started with my mother being a school teacher and always having me around. but ultimately being around more and more people that seemed to be in that frame of mind of giving back and helping young kids to have a better life. that's what it appeared that he was -- that was the type of man that he was. >> i read your op ed in "the washington post." it's a powerful op ed. i would recommend for anyone to take a look at it. it sound to me like you're a bit torn. you do write that you want jerry, as you call him, to be innocent on one hand. but you also want the truth to come out. and if this did indeed happen, you say it's also shattered the image of the man who meant so much to you. >> how would it not? how would it not? i think about all the time that we had together. those things -- it's not like, okay, something horrible has happened now, i take all those things, they're taken back. these things took place in my college career. so there's no way of going back over it and doing it differently. i look at what i became and what i developed, and i'm very proud of it. i'm very proud of the person that i am, and i carry the badge of honor of being a penn state person every single day of my life. and so there are a lot of different emotions that kind of are a part of this for me right now because it's not so much selfishly -- i know i wrote selfishly i wanted to basically hope that he was innocent. it really isn't about being innocent or guilty at this point in my book. i want to be very clear. i have not been vocal because it's based upon defending jerry or defending joe paterno. i have been a defender of children. i have always loved being a mentor and being an example to young adults and young children and trying to show them a better way. and quite frankly, i just had an opportunity to confirm if it was okay for me to disclose, one of the kids that i had been mentoring and had been working with who fights with bouts of depression is based upon the fact that his sister had been sexually molested. so if people are wondering why i'm so passionate about talking about what's going on, it merely presents a platform to raise awareness about what goes on in some of these children's lives, and hopefully people won't just sit there and get caught up into passing judgment on to the people that are involved in this, rather get involved with trying to be part of the solution that lowers the numbers and ultimately tries to eliminate something as heinous as taking advantage of our most precious commodity which is our children. >> well said, lavar arrington, appreciate you calling into the show today. thank you so much. >> no problem. what makes a person in mississippi? that answer could change anything. that's our "undercover story" and it is next. alka-seltzer plus fightsncer ] your worst cold symptoms, plus it relieves your runny nose. 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[ male announcer ] yes, it is. that's the cold truth! election day 2011 is our pick for under covered story of the day. voters in mississippi are facing the big guest question of all. what is a person? ballot initiative 26 defines person hood as every human being from the moment of fertilization, cloning or the functional equivalent thereof. if that sounds simple, trust me, legally, politically, it is anything but. my colleague, mallory simon at cnn.com has been covering what's called the person hood amendment and joins me now from atlanta. this is such an interesting story. if an embryo is a person, then abortion would be homicide, period. right? is that the thinking here? >> that's certainly part of the discussion that's happening. we know that abortion would be outlawed, it would be criminal if this were to pass today. the question is how do you prosecute something like this? that's some of the complaints we're hearing from people opposing this bill, is that that sort of -- the laws are not in place to say what would happen after this bill would pass, this amendment to the constitution. >> what besides abortion would prop 26 actually outlaw? >> we know for sure it would impact the morning after pill, for example, intrauterine devices, anything that would destroy a fertilized egg. it's brought into question a lot of the conversation surrounding birth control pills. a lot of people don't know how their birth control works. so one of the questions is what i'm taking as a woman, would that be illegal because some birthed controls work by making it impossible basically for a fertilized egg to implant on the lining of the uterus. >> what about in the case -- what about in the case of rape or incest? >> this is one law that does not have an exception for rape or incest. in most states where there are abortion laws that, is one of the exemptions. but people who support this bill say a child is a child is a child. it doesn't matter how that happened. but that's something that every child should be brought to full term, should have the chance to have a life. >> even from what i understand, even some anti-abortion activists are pretty leery about this movement. >> one of the concerns that some people have is that this bill, because it is so ambiguous, because there aren't a lot of the pieces in place, the legislation that would follow to carry this out, they're saying, you know, this might go a little too far and could hamper our ability to challenge roe v. wade which is one of the goals of the person hood movement. they're saying we've got to be careful because we might be stepping too far, we might be really strengthening roe v. wade. >> mallory simon, thank you so much. gps tracking. should police be allowed to follow your every move without permission? what the supreme court's decision could mean to your privacy. for a hot dog cart. my mother said, "well, maybe we ought to buy this hot dog cart and set it up someplace." so my parents went to bank of america. they met with the branch manager and they said, "look, we've got this little hot dog cart, and it's on a really good corner. let's see if we can buy the property." and the branch manager said, "all right, i will take a chance with the two of you." and we've been loyal to bank of america for the last 71 years. careful because we might be decision could mean to your nationwide insurance, talk to me. should i bundle all my policies with nationwide insurance ? watch this. on one hand, you have your home insurance with one company. and on another hand, you have your auto with another. and on another hand, you have your life with another. but when you bundle them all together with nationwide insurance, they all work together perfectly and you could save 25%. wow... it's all in the wrists. ♪ nationwide is on your side ♪ welcome back. you won't find gps in the constitution, not as an acronym. but it found its way to the highest court in the land. police in your town, you can bet they're watching. a case argued today asks whether cops have the right to plant gps locaters on suspect cars. police in d.c. did that just to a drug suspect and the man led them to 97 kilos of cocaine and $850,000 in cash. he was convicted and sentenced to life in prison. a federal appeals court threw his conviction out on fourth amendment privacy grounds. justices will have the final word. until they do, i want to hear from retired police sergeant andy hill and sunny hostin, now a legal contributor to "in session" on true tv. sergeant hill, the floor is yours. make the case for unfettered use of gps in police work. >> randi, it's been that way for many years. the supreme court ruled in the past you can go ahead and as long as that vehicle is on public property and you put the gps device on the outside of the vehicle, youtd don't need a warrant for it. it's a helpful pool for law enforcement to develop probable cause. the thing that's important now is as technology grows, it's okay for the supreme court to look at it and make sure everything is still the same standard. i think that when they do that, they'll also continue to rule that law enforcement has the right to go ahead and use that tool. >> sunny, what do you think? what's your response? >> well, this is a bit different, randi. we're talking about place ag gps on a car for an indeterminant amount of time. in this case it was well over a month. i think it's very clear that that violates our fourth amendment. as a people we are entitled to be free from unreasonable searches and seizures without a warrant. when you get a warrant, you've got to show probable cause that a crime existed. i don't think that we want our law enforcement community to be able to place something on our cars for any reason or for no reason at all and to track us throughout our days and days and days without any reason for doing so. it really is very improper. i'm not advocating that we shouldn't have gps usage during investigations. i think it's an invaluable tool, but this sort of unfettered discretion given to law enforcement is just improper under the fourth amendment. >> let me read both of you the part of the supreme court ruling from the 1980s. a person traveling in an automobile on public thoroughfares has no lnl expectation of privacy in his movements. nothing in the fourth amend. prohibited the police from augmenting their sensory faculties with such enhancement as science and technology afforded them. back then, sunny, the technology was radio transmitter. is gps any different? >> it is different. it's much more intrusive. let's face it. with the state of technology now, randi, you put that gps on the car with no warrant and you get to track somewhat someone is doing almost every step of the way. people live in their cars. let's say in california you're in your car all the time, going to church, you're doing all of these things throughout your day and someone can track you like that. i believe there is an expectation of privacy in that sense. yes, you're on a public road, but you're in your car, the four corners of your vehicle are yours. i practiced law in washington, d.c. i'm a former federal prosecutor in d.c., i think this goes way beyond the pale. >> randi, this is so clear. this is not a change. if you're putting something on the outside of the vehicle that's not intruding into the vehicle. the gps exists inside a telephone. we're talking about taking a device that attaches to the outside. looking at the technology. >> you need a warrant to wiretap. >> you don't need a warrant to put a gps tracking device on a car. wiretapping is a separate issue. that issue has to do with probable cause. how do police develop probable cause if they can't look and watch a vehicle. >> you certainly can look. >> it's like putting the cart before the horse. you have to look at the horse first. >> no, no. you can certainly look. there's no question about it. this is different. >> then you get probable cause and get a warrant. what sunny is talking about doesn't make sense. >> let me stand in here quickly. the question is why shouldn't police have to tell a judge that they want to follow someone? why should it be this difficult? >> it's a public right-of-way and a public place. you can watch with your eyes and follow people. it's not a right to drive. it's a privilege. so when you're in a car, it's a piece of property. law enforcement -- don't get me wrong. law enforcement has to make sure they follow the law. you have to develop probable cause to get a washt. to develop probable cause you have to have reasonable suspicion. one of the ways to get that is follow people. the case we're talking about involved drug dealers. i'm sure sunny doesn't want the drug dealers on the street and distributing those kilos of cocaine to children. >> of course not. the bottom line is this is very broad. you have to admit this is very broad. you can watch someone. you don't have any expectation of privacy when you're walking down the street or when you're driving in your car. you can't place a device on your property and do it for days and days and days and for over a month. that crosses the line. i think law enforcement officers certainly -- >> that's when you have to do an investigation, sunny. >> go and get a warrant. >> we could go on and on about this. obviously a hot button issue. sunny and andy, thank you both very much. the fourth woman to accuse herman cain of sexual harassment has this to say. >> just admit it. step forward, admit it and move forward. >> that's not what he's doing. his response to the allegations are next in "fair game." time to move past the talking points where everything is fair game. herman cain says he's disgusted by new claims of sexual harassment and also says he's ready to tackle allegations from this woman, sharon bialek later on. we'll hear from cain an his accuser in just a moment. first i want to bring in maria cardona and republican strategist dug high. doug, you first. what do you think reman cain needs to say today? >> i don't know specifically what he needs to say. the overall tone, he needs to be clear, needs to be consistent and needs to be convincing. convincing is that most important word. i'll tell you, i had a lot of crises i was dealing with at the republican national committee last year and i have a certain sympathy for what the campaign is going through. i've made similar mistakes and fortunately avoided similar mistakes. they need to be consistent and convincing with their message if they hope to move on. >> i want to ask you both about this statement that cain put out making reference to bialek's financial troubles. she addressed this today on "american morning." >> like millions of other people out there i'm struggling. i could have actually sold my story, but i didn't. i want -- my whole objective is to tell the truth and also help other people out there who may have been many similar situations. initially i went into this hoping every hope of hopes that herman would step forward. that was my primary goal. just step forward, admit it and move forward. >> maria, to you on this one s that a good strategy by herman cain attacking his accuser? >> no, absolutely not. he now has attack as liars and impugn the credibility of four independent women who have come out with these accusations. that is not going to cut it. i feel even stronger about this, randy, ever since i found out i actually know one of the accusers. she used to work for me when i worked for the government. she was the utmost in terms of a professional employee. her credibility in my opinion is beyond reproach. he was the consummate team player. she was classy. she was a hard worker, and so everything that i think is there in terms of the allegations, in terms of this particular accusation to me is true. what herman cain is going to have to do is come out and explain why it is that the only thing he can say is that they're all liars. one other thing, randy. i think it's important. this woman who used to work for me had nothing absolutely to do with democratic party politics. she's not a democratic operative. she's a career civil servant, nothing to do with party politics whatsoever. >> that's what i was going to ask you. maria, thank you for pointing that out. you might have seen herman cain on a late night show not long after the allegations came up. he was on the jimmy kimmel show and said there wasn't an ounce of truth to these accusations. he also talked about how much money that has come into his campaign as a result. listen. >> the american people are saying we are sick of gutter politics and it's not going to work. they basically said they're sick of it with their money. that's the most powerful way that people can say that they're looking for a new voice and new leadership in washington, d.c. >> do you think the other candidates with follow suit and hire women to charge them with sexual harassment? >> if they're smart, they will. >> really, doug, is this something he should be making light of? he was basically making a mockery of this whole thing in all of these accusations. >> one of the real assets herman cain brought to this campaign is being a likable figure, being someone that voters really are drawn to. but you also want to make sure you show respect, treat serious issues very seriously. it's not a dean martin celebrity roast, after all. hopefully you'll see herman cain move past this, not only in his remarks later today, but as we have a debate to where we can start talking about, even though questions may come up, jobs and the economy and issues that affect voters every day that we've focused on here in washington and throughout the country. >> maria, can he survive this? >> it depends on how he handles it today. whether he tells the truth, whether it was a misunderstanding, although that would be hard to believe at this point. he talked about the voters. he's asking the voters of this country to trust him with the most sacred oath of office. how can he then come out and say that all these women are liars without putting the truth in terms of what is happening. he is doing exactly the opposite of what he needs to do for the voters to trust him. >> he's been explaining it the way he thinks it all happened. we'll see what he does say today, malia cardona and doug heye. you can watch the news conference today on cnn at 5:00 p.m. eastern. the latest country to feel the impact of the european debt crisis, the parliament is supporting budget reforms but maybe not supporting the prime minister. do you know what country we're talking about? it's not greece. we'll have the answer next for you in globe trekking. down the hill? man: all right. we were actually thinking, maybe... we're going to hike up here, so we'll catch up with you guys. [ indistinct talking and laughter ] whew! i think it's worth it. working with a partner you can trust is always a good decision. massmutual. let our financial professionals help you reach your goals. globe trekking today begins in italy. the latest country to face the impact of the european economic crisis. the italian parliament today passed a budget reform measure designed to boost confidence in italy's ability to pay its debts. that was a win for prime minister sylvia berlusconi. more than half of italy's lawmakers abstain suggesting berlusconi may soon face a no confidence vote that may force him to step down. in iran they're denouncing a report released by the international atomic energy agency. the report says iran mastered nuclear weapons capabilities and made more progress than previously believed. iran insists the program is for peaceful purposes. president ahmadinejad says his country doesn't need a bomb to stand up to the west. attorney general eric holder has this to say about the flawed gun program, fast and furious. >> this should never have happened and it must never happen again. >> more on the gun walking investigation next. this should never have happened. and it must never happen again. >> that is attorney general eric holder testifying before a senate committee today. he was grilled about the controversial atf gun walking program dubbed operation fast and furious. it was an effort to disrupt the flow of illegal weapons south of the border. but guns traced to the program turned up at the murder scene of a federal agent. joining me from washington, brian todd. break down for us what came out of the hearing today. >> reporter: randy, again, eric holder pressed very hard by republican senators on what he knew this program and when he knew it, holder expressed regret over a letter that was sent to chuck grassley on february 4th. that letter said that the atf makes every effort to prevent the transportation to mexico. in fact, at that time they were being allowed to be purchased illegally and republicans were implying that holder misled them at the time. holder said, we were not misleading you. the letter was inaccurate but we did not know that it was inaccurate at the time. but a key exchange, randi, came between senator john cornyn and the man who was murdered in december, guns turning up near his scene of death. listen to this exchange between john cornyn and eric holder. >> have you apoll jitzed to the family? >> i have not apologized to them. it pains me when there is a death of a law enforcement official. it is not fair, however, to assume that the mistakes that happened in fast and furious directly led to the death of agent terry. >> reporter: i caught up with senator cornyn in the hallway and said that it was not acceptable to him and he's not going so far as right now to press eric holder to resign but may be pressing in that direction. randi? >> brian todd, thank you very much. aging desks and hardly any money. how one city plans to fix the declining school system. that is next in "street level." now no one will want to steal the deliciousness. with a variety of tastes and textures, only chex mix is a bag of interesting. did you hear sam... ...got promoted to director? so 12 seconds ago. we should get him a present. thanks for the gift basket. you're welcome. you're welcome. did you see hr just sent out new... ...office rules? cause you're currently in violation of 6 of them. oh yeah, baby? ...and 7. did you guys hear that fred is leaving? so 30 seconds ago. 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[ male announcer ] yes, it is. that's the cold truth! now to street level, in philadelphia, too few students and too few money could mean that nine schools are history. the philadelphia school district has voted to close nine schools at a savings of half a million dollars to a million dollars per school per year. more changes are coming, says philly school superintendent leroy who joins me on the phone. doctor, i understand that money is not the primary driver of these these decisions? >> that's correct. and thank you for having me. they are looking at what the right educational program is given where we are in the 21st century and it's well over due here in philadelphia for this type of program. >> and how did roman shrink so fast and so much? >> birth rates not being as high as they once were, people moving outside of the core city to the suburbs, charter schools have come on. so we think that, again, the footprint of the school district was built out largely to reflect the time when most of those buildings constructed, average age is 63 years old. so the -- we have to catch up here not only in terms of the educational program but what's the right level of development for the buildings that we have. >> and do you foresee more fo foreclosures? >> you can shrink the excess capacity or making sure that people that attend don't drop out. changing the high school programming so that you're among people, particularly at that age, middle school and high school will stay. we want to go at it in both directions and use technology to create a hybrid environment. >> what is the school's reaction? >> well, as you would expect, people don't like school buildings closed. although a number of them have thought that it was long overdue. we thought that there would be a number of issues like that. until you can explain what the new school will look like. we want children to have all of the resources that are due because they don't have to have a split time between instructional music teachers or nurses and all of the things that we have to face given pretty severe budget cuts. >> doctor, appreciate that. and we wish you luck. for millions of people in georgia, today's election could be a reason to raise the glass on the ballot. 100 cities and counties will vote whether or not to sell alcohol in stores on sundays. this is the first time in history that voters will decide the issue themselves. brooke baldwin reports. >> david greenbalm is the owner of beer, spirits and wines. his family went into business in 1938. decades later, there could be another milestone in georgia, the lifting of the ban of sunday alcohol sales. >> it would be nice for people to buy whenever they want. >> georgia and connecticut and indiana prohibit selling alcohol in stores on sunday. although people can still buy alcohol in bars and restaurants. in april, the governor signed a law to let local jurisdictions to hold a referendum on whether to lift the ban or not and today georgia residents are voting. >> we will definitely be opened fully staffed and probably for the first six months we will overstaff. >> reporter: economists tom smith estimates that sunday sales with alcohol in georgia would bring an additional $5 million in state revenue. it won't have a significant economic impact for the state but would affect smaller towns and communities. >> there might be some municipalities who would view this additional income as a difference between, let's say, having three police cars and having four police cars. >> reporter: some conservatives are against lifting the ban saying that it will encourage people to drink more and lead to more excessive accidents. >> it's the excessive consumption that we would like people to pay attention to and that sunday is a leisure time and a time for drinking. >> reporter: however, many georgia residents disagree and see it as an inconvenience. >> you need to store up for it. >> we need to be more reflective of the current times. >> reporter: in the meantime, greenbalm is preparing for the change. >> once we find out what hours we will be opened on monday, we'll scrape off closed on sunday and have sunday from whatever time to whatever time. i've already contacted my sign guy to be ready. >> and that was brooke baldwin reporting. thanks so much for watching today. as always, i'd love to hear what you think. continue the conversation with me online on facebook or on twitter @randikaye@cnn. hello, brooke. >> hello. let's go. let's get you caught up on everything making news at this hour. rapid fire. breaking news out of italy. italian prime minister berlusconi will resign. we'll take you live to rome for more of the breaking story. also today, penn state head football coach joe paterno avoided cameras but the new york time says that he could be gone soon due to a child porn case rocking the news. jerry sandusky accused of sexually harassing eight boys. herman cain is sticking to his story and he's ready to talk. he says he has never harassed anyone, ever. that is after this woman, sharon bialek stepped forward and became the fourth person to accuse him of sexual harassment. >> i was listening very carefully and that's why i'm willing to do a press conference tomorrow to set the record straight. >> that press conference a couple hours from now. talking today, 5:00 eastern. you'll watch that live right here on cnn. and none of us was meant to hear this but the u.s. and french president had little good to hear about president benjamin netanyahu. president obama and french lead leader sarkozy were talking about netanyahu as a liar and you're fed up with him but i have to deal with him even more than you. end quote. boxing loses a smoking joe frazier. we'll talk about his legacy. also, a follow-up to last month's exotic animal killing. officials were forced to kill 48 wild animals after being freed from this wild zoo. five people were charged yesterday with trying to steal one of the dead animals. they were trying to steal a lion. police found them with this carcass of a male lion in their jeep. they have been charged with misdemeanor theft. no word as to what they intended to do with the dead lion. and about ten miles east of miami, this container barge, this thing right here, in big, big trouble. the coast guard on the scene. no word of how many people were on the barge or the disabled tug boat. the coast guard and recovery divers are working to keep it from sinking. watch your head. here it is. a big asteroid will blast past our planet 200,000 miles away. i know that sounds far away but it's not. this astroid is the size of a an aircraft carrier and the biggest heavenly body to get near our planet in decades. look up 6:30 p.m. eastern time. a federal appeals court says president obama's health care reform law is constitutional but that's not the final word on this controversial issue. the justices will meet on thursday to decide which legal challenges they will hear. tiger woods says he's ready to move on after his form he caddie made a remark about him. woods and steve williams have had a frosty relationship since woods fired him this summer. williams directed a racial indult at woods and here is tiger's response. >> he made a hurtful remark and it goes forward. he's not a racist. no doubt about that. i think it was a comment that shouldn't have been made and, you know, it was certainly one that he wish he didn't make. >> williams carried woods' bag for a dozen years. this looks like your typical football game, right? except the one here in san antonio texas, are the otc cadets are walking on the field there. who shows up to say hi? take a look. >> holding the texas colors and i'm very proud to be back and i'm happy to be back with the family. >> i was surprised and happy to see him. i wasn't expecting him here. >> surprise, britney. it's your dad. we're five minutes in to a lot more news to come here to cover for you in the next two hours, including this. joe paterno, disgusting reports by his defensive coach is placing a dark cloud over his historic career. i'm brooke baldwin. the news is now. herman cain wants to stay on message. >> not let this distract us. >> but accusations keep coming up and today he answered questions about the sexual harassment claims. and then guns showing up at crime scenes. american authorities watched those weapons come right into mexico. >> this never should have happened. >> eric holder on the hot seat today answering questions from congress about the fast and furious program. and mike tyson joins me live with smoking joe frazier. for their clients' futures. never taking a bailout. helping generations achieve dreams. buy homes. put their kids through college. retire how they want to. ameriprise. the strength of america's largest financial planning company. the heart of 10,000 advisors working with you, one-to-one. together, for your future. ♪ i see it in last year's pictures. i hear it in their plans for tomorrow. it makes me miss a couple of things. but i have a way to keep them close, even when they're far away. [ male announcer ] the inspiron one 2320 with the second gen intel® core™ i5 or i7 processor. performance for your unique lifestyle. i tell you what i can spend. i do my best to make it work. i'm back on the road safely. and i saved you money on brakes. that's personal pricing. . penn state's legendary joe paterno did not appear in a press conference and now at the end of his 46-year long tenure head coach is likely near after two people have been cited. the university canceled the news conference minutes before it was scheduled to begin at the noon hour eastern today and the school freely admits that the reason is because of the child rape scandal marring paterno's program. here's a state from penn state. due to the ongoing legal circumstances centered around the recent allegations and charges, we have determined that today's press conference cannot be held and will not be rescheduled. calls for paterno's resignation are really starting to pile up as the public is learning more and more about the case against jerry sandusky who is accused of sexually abusing eight boys. paterno is not the target of this investigation. in fact, when a graduate assist stanlt reported seeing sandusky attacking a boy in 2002, paterno ran the information up the administrative chain like he was supposed to do but a lot of people are questioning whether he had a moral obligation to do more. paterno's boss, athletic director there at penn state, tim curley and gary schultz have resigned and are now on the on bail. paterno using their phrase yolg, could be out in days, possibly weeks. and i want to go now to the phone to michael rosenburg. paterno has been there for 46 years. quite a legacy. you heard what he said he's out in days, maybe weeks. what do you think about that? and how long can paterno really hold on? >> well, there's no doubt that this is going to have to be it for him by the end of the season. i mean, the thing about scandals is, you have to hit bottom before you can quell the firestorm and start to move on and the media and the fans and frankly a lot of penn state alumni are not going to calm down about this in any way until they get resignations or firings and that's going to have to include joe paterno. i don't know if it will include the school president but i think they need to look at it. the fact is that penn state acted deploreblee in this situation and a lot of people are responsible for it and as a result, young boys were molested and that could have been stopped. there is no defense and there's no minimizing it and penn state hasn't been stuck but the pr aspect of it where they canceled the press conference and he appeared in a press conference and all of that, their actions are indefensible. >> let me ask you about that press conference. you cover sports. in recent memory, paterno holds these conferences every single week and from what i understand, religiously. when was the last time that one of these was canceled? >> well, i can't remember one being canceled. but if you're penn state, paterno -- if paterno had that press conference, he would have had that conference that people would have been incredulously about. by canceling it, they have people looking for other stories and people to talk to and that's going to create other stories for penn state. they need to back and realize that they are in too deep. the only way to help their community in any way is to step back and one is going to be joe paterno. >> you mentioned in this article, what would you do? a lot of us say, what would we do if we were in this situation. and either he's lying about what he knows, that he wasn't told about the extent of the sodomy in the shower, told to him by a graduate assistant when perhaps he really was or he's telling the truth about when he was told about the inappropriate conduct, but he didn't push it or ask questions and when he met legal obligations as we heard at the press conference yesterday, really the question is, did paterno meet oral obligations? >> yeah, that's absolutely the question and i don't see how you can say that he did. sometimes the punishment that they add minister tells you that it's insufficient. jerry sandusky is not to bring children on the campus anymore. if it's not safe to have him bring children on the campus, perhaps there is sufficient reason for it. you're not calling police about this incident, it's just like they wanted to distance themselves from the situation but frankly this situation demanded a lot more courage and backbone than penn state showed. >> you wrote on si.com that it looks like the catholic church looked for so many years. explain. >> well, it's the same kind of thing where they were, i think, worried about protecting the institution and forgot about the values that the institution is supposed to represent. and that's what i meant by that. obviously we all know about the scandals that have taken over the catholic church. and one of the similarities with that, is that the people that should be most outraged are the people who devoted themselves, their beliefs, their time, their money, it should be penn state a alumni and faculty and students. >> big picture, what does this mean for penn state, college football, sports in college to see this legendary guy, paterno, 46 years, two national championship, clean program, high grad rates in such an ugly way. >> well, it's certainly painful. obviously this has been a bizarre and sad few years in college sports in general. and to see joe paterno effectively go out in disgrace, it's tough for a lot of people in college sports to watch. because this is one program where you felt like, okay, college sports are for the greater good on some level. they may be messed up and it doesn't make sense, people go through those programs and are better off. to see this happen with joe paterno, there are a lot of people shaking their heads. they can't believe it. >> great writing. i'll ask people to tweet this out. si.com, thanks. politics dominating the news this afternoon as well. herman cain holding a news conference in less than three hours from now. 5:00 eastern time. he's addressing precisely this -- >> instead of going into the offices, he suddenly reached over and he put his hand on my leg, under my skirt. >> more on that story in two minutes. plus, controversial immigration law in arizona, the author of the legislation faces a recall election today. and election -- we've got to talk about in vitro fertilization in jeopardy in the state of mississippi. it all has to do with the new beginning of a life law up for a vote today. be right back. [ tires squeal ] an accident doesn't have to slow you down. with better car replacement, available only from liberty mutual insurance, if your car's totaled, we give you the money to buy a car that's one model-year newer with 15,000 fewer miles on it. there's no other auto insurance product like it. better car replacement, available only from liberty mutual. it's a better policy that gets you a better car. call... or visit one of our local offices today, and we'll provide the coverage you need at the right price. liberty mutual auto insurance -- responsibility. what's your policy? okay. let's talk about herman cain. he's taking the offensive against his accusers. he's scheduling a press conference at 5:00 today. he's facing sexual harassment claims from four people. the last one being sharon bialek. she talked today about why she decided to make her claims public. >> initially i went into this every hope of hopes that herman cain would step forward. just step forward and admit it. >> cain has an online interview scheduled for this hour. you can see his 5:00 news conference right here on cnn. and now adding to the pressure is alaska senator lisa murkowski says that she is concerned about the allegations against claim and if these are in fact true that he should quit the race for the white house. want to bring in gloria borger. we were talking about this yesterday. given what we saw yesterday with sharon bialek, you say that he has to come forward. tell me what is riding on this news conference today. >> everything. everything. his candidacy, his political future and i think he's got to be aware of that. it's got to be important to see how he addresses these allegations. they talk about bialek's troubled history, the fact that she filed for bankruptcy, et cetera, et cetera. he has so far chosen to talk about and dismiss the claims and say that the people making the claims, this document raises the question about who is financing her legal team, how the media agreed to pay for her story, et cetera, et cetera. so we know that he's denied thighs claims in the past but they are attacking miss bialek. what we have to watch for, however, is whether herman cain decides at any moment to say, look, i may have done some things in the past, they were not sexual harassment. this happened 12 years ago and admit that anything at all occurred and try and get past it that way. he can do it one of two ways. we've seen him deny, let's see what happens this afternoon. >> as we watch to see what it is that he says in a couple hours from now, i know that in a very short period of time we saw that conference out of new york, 1:00 eastern time. the cain camp, in a matter of hours, have been digging up a the lof information about this woman's past. what does this say to you, gloria? >> well, it says to me that they are on the attack at this point and in many of these cases, when a come man comes out with a claim, she never filed a formal charge about it. this was a long time ago and one of the ways to respond to this and one of the reasons that women don't come out with these charges is that you start attacking the accuser. so what the campaign has done, mr. cain has adamantly denied all of these charges. adamantly charged this and they are attacking the voracity and saying that if she didn't raise this issue then, why do you think she's raising it now? is she raising it for money? >> she says she's not. >> she says she is not. so, again, you have a he said-she said situation. with the other accusers, who did, by the way, he cannot level that charge z speaking of other accusers, i know that there's new information about one of the earlier accusers. what can you share there? >> well, there's new information about two of them. today we can say that accuser a, let's call her, the first accuser, is currently a civil serve vabt who is a director of communication and an agency at the department of treasury. so we can tell you that right now. and we can tell you something about accuser b. these are the two women who did go to their bosses at the time back in the late '90s. accuser b, this morning i spoke with a long time friend of hers who knew her very well at the time that these incidents took place and what this young woman told me is that cain dangled a job in front of her and there were sexual innuendoes and overtures. so that's the story from the second accuser who did go to her boss. >> we get to hear more about that, from herman cain, and we'll carry it live. gloria borger, thank you. >> yes. we will. in italy, sylvia berlusconi is stepping down. we're going to go to our reporter live. take about a wild week in europe. stay here. ♪ [ male announcer ] we're not employers or employees. not white collar or blue collar or no collars. we are business in america. and every day we awake to the same challenges. but at prudential we're helping companies everywhere find new solutions to manage risk, capital and employee benefits, so american business can get on with business. ♪ it's good. honey, i love you... oh my gosh, oh my gosh.. look at these big pieces of potato. ♪ what's that? 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[ male announcer ] progresso. you gotta taste this soup. what's that? big piece of potato. [ male announcer ] tom's discovesee? that living he's taking his vitamins. new one a day vitacraves plus omega-3 dha is a complete multivitamin for adults. plus an excellent source of omega-3 dha in a great tasting gummy. one a day, gummies for grown-ups. breaking news. italian prime minister berlusconi will resign. i want to take you straight to rome to matthew chance. we have been hearing that he might resign and now we know in fact that he is leaving. tell me what you're learning. >> it's been a dramatic few hours here in the italian country. the financial market is really hitting italy's situation. meeting with the italian president after discussions there agreeing to resign finally after so much pressure but only after the country's 2011 is approved by the parliament. tuesday next week is what we are hearing and nevertheless it's going to be welcomed by the international financial markets. it's been seen to be not credible and able to push through the economic reforms that italy so badly needs to get its economy back on track. in general it's a positive in terms of the financial markets and now it's coming to the end of an era in office, brooke. >> matthew chance, thank you so much. back here at home, check your calendars, it's election day. so all of these people that we have in some video here, they must be cued up to cast ballots, right? not so fast. these people were actually customers waiting at the crack of dawn for video stores to open so they could buy call of duty, modern warfare 3. so voting may not help your voting stimulation of combat. maybe i don't exactly get it but you do. there are some key raise races. here you go. mississippi. it's a long shot but johnny dupree could be the state's first black governor if he beats phil bryant. and many are saying yes to 26 would mean that a fertilizer human egg would make abortion equivalent to murder. and taking you west to california, san francisco may first see the first elected chinese american mayor, ed lee. next, we'll take you to kentucky. the incumbent democratic governor steve ba sheer is expected to keep his seat despite the strong hold in kentucky. and let's go to ohio. the passage would uphold a law that we covered this spring for public workers. maybe believe how voters decide on issue 2 in ohio would be the preoccur store for the presidential election. both parties have spent a lot of money campaigning here. finally, in our election roundup, we've fauked a lot about sb 1070. the state law cracking down an illegal immigrants on united demonstrations, boy kouts, and arrests and the nationwide debate about how to deal with the problem. so now for some paybacks, protesters are relishing this recall of the senator who initiated this but his opponent is another conservative. >> reporter: it's one of the most contentious state legislative races in arizona history. republican versus republican. a recall election in the most conservative district in the state just outside of phoenix. >> if you want to start over here. >> the incumbent, russell pearce. the self-proclaimed father of the anti-illegal immigration movement who has pushed some of the toughest immigration laws that arizonans and the nation has seen. the challenger, jerry lewis, an educator in mesa, ir answer zo na. and both say that the fiscal conservatives and are members of the mormon church but there is a major difference. immigration. >> politicians who continue to talk tough but never do anything. arizona, we're going to do something. >> all all for securing the borders and for the rule of law. >> lewis, a leader. lds church says his tough anti-immigration laws do not line up with the faith. >> i had no political ambitions that i was asked before some friends of mine to do this but i felt for a long time that we needed better representation of our city and our state and our party. >> but they are split between the candidates. polls show they are in a dead heat. >> latinos are being asked to support another republican in order to recall senator russell pearce. i think what is going to tip the scale is the latino voters. >> reporter: latino voters and democrats, not a common practice in these parts but that's how close it is. >> senator pearce and campaigning by his side, he's on the right side of the law. the lewis camp. >> thelma gutierrez, he says latino voters how likely are they to vote for them in the district? >> reporter: well, brooke, that's a good question. short answer is very likely to do so. this is the most conservative district in the state and la teeth knowns typically vote democrat but given the choice, they are very tough against illegal immigration and jerry lewis is more a moderate and thelma gutierrez, thank you so much. tracing guns from the u.s. all the way to the mexican drug cartels. what could be wrong with that? a lot. >> this should never have happened. and it must never happen again today, the attorney generals even in face of the poorly executed program. you're going to hear what happened there. pretty intense testimony on the hill today. plus, we'll show you that incredible video of what swept through oklahoma just last night. stay tuned for that. 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[ male announcer ] get to a better state. state farm. sfo. teens being stopped on the street to get free computers? get this, this is the "black in america" segment. >> let me introduce my nonprofit to you. trading young people to be computer programmers. >> learning to create technology is a key to a brighter future. so she walks the street for a free computer programming workshop. >> when you give access to people, you do marginalize work with them. it changes their lives. not because they make sense and not because they are rich but because they can reimagine their communities. >> you're stopping people on the street. >> i'm asking them first and foremost if they know what programming is. >> students learn to build what they use. bruce is an information technologyist at columbia university. >> they are the fastest growing market when it comes to adapgs of smart phones. so the type of classes are catching on. >> so we talk about how to get entrepreneurs and more students involved. >> test video games are used as a way to design. >> you can write the app it's very simple to do. >> at the youth project. >> right now we're using android apps and they are teaching me how to sell apps and get client's attention. >> we are learning how to make little sole le dad o'brien, cnn, new york. and now to the fast and furious, testifying about the atf scheme on the u.s. mexico war. purchasing guns in arizona and walking back to mexico back into the hands of the drug cartels. but the thing is, agents lost track of a lot of these guns. nirl 200 were recovered from crime scenes in mexico. two were found at the scene of brian terry's murder. eric holder was adamant that guns should not have been allowed to cross and unacceptable. regrettably, this tactic was used as part of fast and furious which was launched to combat drug trafficking and violence on out southwest border. it was throughflawed in the con will feel the effects for years to come as guns that were lost during the operation as they continue to show up at crime scenes both here and mexico. this should never have happened and must never happen again. >> so as part of his testimony today on the hill, the attorney general talked specifically about the death of the border agent, brian terry. terry was killed near tucson arizona last dose and testimony got a little tense when holder was asked about this. >> have you apologized to the family of brian terry? >> i have not apologized to them but i regret what happened. >> have you even talked to them? >> i have not. >> would you like to apologize today for this program that went so long that took the life of a united states law enforcement agent? >> before you answer, that will have to be your last question. >> i certainly regret what happened to agent brian terry. i can only imagine the pain that his family has had to deal with. in particular, his mother and father. i am the father of three children my receives. we are not programmed to bury our kids it pains me, the death of a law enforcement official. it is not fair, however, to assume that the mistakes that happened on fast and furious directly led to the death of agent terry. holder will testify before the house panel next month. coming up, some of the best storm chasing video that we have seen in quite a while. might take your breath away. you're going to want to stick aaround for this one. stay right there. if you've just signed up for medicare or will soon, there's no time like the present to consider all your health insurance options. does medicare alone meet your needs? would additional coverage be better for you? well, now is a good time to take a look at an aarp medicare supplement insurance plan, insured by unitedhealthcare insurance company. get started by calling for your free information kit and guide to medicare. as you probably know, medicare only covers about 80% of your part b medical expenses. the rest is up to you. a medicare supplement insurance plan helps cover 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insurance plan could be an option to get the coverage you need at a competitive rate. so don't wait another minute. be sure to call today. call now for your free medicare guide and information kit about aarp medicare supplement insurance plans, insured by unitedhealthcare insurance company. all right. so we have some pretty incredible weather video. imagine being this car driving down the road and this is what you see. look at this. later, the tornado moves on. you can see how big and massive and tall that funnel cloud is. the storm caused only minimal damage there. no one was hurt. also, a strip club mall up in flames. this huge fire tore through this hair salon on tuesday morning with materials inside. the building materials only made the fire worse. it took 80, 8-0 firefighters to fight this thing. no injuries were reported there. and watch closely with me here. people about to sit down to dinner, boom. a deer comes flying through and it continues through as people are eating their lunch or dinner, perhaps this is dinnertime, through the glass of the restaurant. the employee eventually lured this deer back outside. let's watch this again as it comes straight through the glass and continues on through. this was in georgia. imagine sitting enjoying your lemonade, sweet tea, and then a deer deer. we are just two hours away from the herman cain allegations. wolf blitzer, republican senator lisa murkowski of alaska, i'm quoting her, she is concerned about the most recent charge and if in fact it's true, if, she would say to him, he should walk away from this race. >> yeah, as he said last night, he's insisted that he's in it to win it. all of these allegations, not only the women that remain anonymous but this woman from chicago has gone public and he's going to insist that this news conference at 5:00 p.m. eastern from phoenix, that he didn't do anything along these lines. he's going to suggest that he doesn't remember this woman. so it's -- it's going to continue. he's going to continue this race for the republican nomination. as you know, there's a republican presidential debate tomorrow and he's anticipating and the question is, will any of the other women, and now there are four -- three of them remain anonymous, but for women have made serious allegations. two of those women have received payments from the restaurant association, settlements in order to maintain their silence and confidentiality but they are going to go public and i wonder if there are any others out there. this is going to continue to be a major burden on him and i suspect that other republicans will come out and question whether he's doing the right thing. it depends on what his response will be. >> right. it's all in what he says and how he says it. wolf, thank you. we'll talk next hour. meantime, a pair of mixed martial arts fighters. you know mma, they take down this one man armed with a gun robbing a row tehotel. the mma fighters are in town for some sort of competition. that's in two minutes. also, mike tyson is going to join me live here in cnn to talk about the death of smoking joe frazier. we'll be right back. with wholesome noodles and bite sized chicken, nothing brings you together like chicken noodle soup from campbell's. it's amazing what soup can do. time to deploy the chex mix boring potato chip decoy bag. now no one will want to steal the deliciousness. with a variety of tastes and textures, only chex mix is a bag of interesting. listen to this story. this would-be robber goes up against this clerk. brent alvarez and denny, they are so happy to be in l.a., they sach the day. this is surveillance video. when a guy with a gun tried to rob the clerk, here they are on the ground with this guy clearly pinned. they wrestled the guy from the clerk and managed to get the gun away from him. >> i went around him and grabbed him by his hands and positioned him down. >> police arrested the attempted robbery suspect and found loaded guns inside of his backpack. brent, take me back. we're going to pull the video up. you're walking into the hotel at this specific time with a student. you're minding your own business. you hear the clerk yelling. what did you see and what did you do next? >> yeah. we had just checked in and our key didn't work. the clerk made eye contact with me and he said, he's got a gun, he just robbed me. my mind focused on he's got a gun mostly and at that point i was pretty much in front of him as he was stashing the nine millimeter back into the bag and i controlled the gun with both hands and said, man, i don't want to get shot, i don't want anybody to get hurt. and tried to persuade him to give up the gun and end the whole thing peacefully and it all worked out. >> by the looks of the video, you sort of make this look easy. was he resisting you? how tough was he to take down? and did you hesitate at all when he had a gun, a loaded gun? >> no. i didn't hesitate at all. my training kicked in and went right to work. my first thing to do was to neutralize the weapon and get that out of the picture. he was resisting. he wasn't -- i don't know if because the three of us were on him. he was a big dude. but at the same time, we weren't trying to hurt him and he wasn't trying to hit us back. i don't know if it's because he was restrained or what so i just thought at that point we could end things peacefully. >> yeah, he said that he needed the money for his daughter and i was talking to him and saying, this isn't the way about to do it. he said, take the money, i screwed up. i just want to see my daughter again, take the money. just let me go. and then after we were able to get the gun from him, he said, okay, you've got the gun, you've got my prints, let me go now so i can give my daughter one last kiss before i go to jail and i said, i can't do that, man. you have to own up to what you did. so -- >> so he was arrested. l.a. police say thanks to you all. i'm sure the clerk was thanking his lucky stars that the room key wasn't working. have you talked to the clerk since? did he give you a deal on the room at least? >> he gave us $70 back in parking fees but -- so that was nice of him. yeah, we talked with him and he was just glad that we were there. >> brent alvarez, what a story. thanks so much for calling in. appreciate it. >> you're welcome. have a great day. so here's a question. who are the most overpaid actors in hollywood? think about this. we have the top five. forbes came up with this based upon how much the studio is based for every dollar the actor makes. coming in at number five, den zel washington. number four, reece witherspoon. funny man will ferrel. think about it. we'll share it after this. look at these big pieces of potato. ♪ what's that? big piece of potato. [ male announcer ] progresso. you gotta taste this soup. [ female announcer ] we never forget the nearly 12 million cancer survivors in america today... and the countless lives lost. we owe it to them to protect funding for cancer research, prevention and access to care. congress, make cancer a priority and give millions of americans what they need most. that stays even after i treat... [ male announcer ] truth is, most sinus formulas don't treat a cough. really? [ male announcer ] alka-seltzer plus sinus liquid gels fights sinus symptoms plus cough. you're good. [ male announcer ] thanks. that's the cold truth! so before the break we showed you the three most overpaid actors in hollywood. number one, denzel washington, reece witherspoon, will ferrell, eddie murphy, and then drew barrymore. 5:00 eastern we're going to take you live to the herman cain conference. these are cain's first comments since his accuser have come forward on sexual harassment