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days off over the weekend to make sure the city is protected. they have extra officers in reserve and on standby just to make sure. they don't expect any trouble, but one restaurant owner says they will be ready just in case they have extra guys on hand. he expects a good time. >> big game, championship game. we checked with the police today and they tell us nobody gets the day off. they are keeping everybody on, just in case. >> yeah. >> you know how it can get. >> i do. >> you've been around long enough. any concerns on your part at all? >> none at all. when the giants won the world series here, it was great. people were having a great time. there were no incidents at all. we're not worried about that. >> are you guys confident in yourselves? >> we have a doorman as well. but it's just a great crowd. even greater if they are winning. >> reporter: so tonight in san francisco, you can really feel the -- well, sort of the anticipation, guys, here in north beach. but also in the mission and also on broadway. it's going to be that kind of a weekend. we'll have to see what happens. the one saving grace is that the 49ers play the early game. so, you know, there's some thinking that maybe some of the celebration will be warn off by the time the sun sets. at any rate, go 49ers, right? >> absolutely, go 49ers. ken, thank you. well, cbs 5's vern glenn is in atlanta for the nfc championship. he'll bring us reports over the weekend. for more on 49ers post season coverage, go to our website, cbssf.com/sports. well, tonight a bay area man charged with murder claims he was just trying to stop a crime. it's an unusual case that had fists flying outside the courthouse in san jose today. joe vasquez shows us deputies jumped in and separated the feuding families. >> reporter: alan it, happened that quickly. two families were filing out of the courthouse this afternoon. there were words exchanged, some gestures, and then it got physical. >> i'm a widow of five kids now! [ screaming ] >> reporter: outside the santa clara county courthouse, emotions boil over, as a confrontation between two families breaks out into a fight. cops quickly surround the woman in the black t-shirt and slapped the cuffs on her. family members say she is the 18-year-old daughter of chris soriano, a san jose man who was shot to death on new year's eve. folks in white t-shirts are family and friends of luis ricardo hernandez, a handyman at a san jose apartment complex who is behind bars for killing soriano. he is charged with murder, bail set at $1 million. his family believes hernandez was simply trying to make a citizens arrest of a man he believed was burglarizing a car and shouldn't be in jail. >> we request the judge to let him go and to set a bail that this family can put forth. >> the man had an illegal gun! he had no right to kill my son! >> reporter: people in black t- shirts disagree. they are family and supporters of soriano, the man who was killed, including his mother. >> how can you say somebody is a hero when they take the law into their own hands? he had an illegal gun, for god's sakes and he killed a man! a father of five children! took my son away from me! how can they say he's a hero! >> reporter: hernandez' hearing today was brief, less than 5 minutes. but as it ended, the two families left the courthouse together and that's when the war of words led to the fight outside. [ screaming ] >> reporter: no charges were filed in that fight, but the da released a statement this afternoon about mr. hernandez. it said, in part, quote, mr. hernandez had no legal excuse or justification for using deadly force on an unarmed man. the da went on to say that this will play out inside the courtroom and in fact, they set a new court date of february 15th. reporting live in san jose, back to you, alan. it was really strange to see that fight just break out right in front of us, right as court was letting out. >> as you said, happened so quickly. lot of emotion. >> reporter: exactly. >> joe, thanks. this just in tonight. a woman whose cell phone video sparked a domestic violence investigation against the san francisco sheriff is filing a lawsuit. ivory madison is reportedly suing roz mirkarimi for defamation. ivory madison lives next door to the mirkarimis. his wife told cbs 5 last year, thank you ivory madison for nothing, for destroying my life against my wishes. other bay area headlines, a richmond man who shot and killed his ex-girlfriend and a man he thought she was dating was sentenced to death today. nathan burriss was convicted in november for the 2009 murders of the richmond bridge toll plaza. the unrepentant killer told the judge today the sentence doesn't matter because he doesn't think it will be carried out. a man convicted of burglarizing the home of steve jobs was sentenced to seven years in prison. the investigators say kareem mcfar lynn confessed to the crime. he broke into the home last year and stole things such as electronics and jewelry. steve jobs died months before the burglary. at the time of the crime, the home was being renovated. a gulley washer in san francisco during the lunch hour. witnesses tell cbs 5 a truck was trying to park when it accidentally knocked over a fire hydrant. this was at fulsom and embarcadero. water was shooting as high as the fourth floor of the gap building. no one was hurt. new tonight, a federal overseer says it is too soon for california to retake control of its prison mental health system. a report released today says too many inmates are still committing suicide or going untreated for their mental illnesses. the opinion is a blow to governor brown. he's trying to andy long-runs class action lawsuit over substandard treatment in prisons. the overseer advises the federal judges who will rule in that case. the university of california president has announced his retirement. mark yudof says he will leave in august for, quote, health issues. yudof has been at the helm of the university system for five years. his time has been marked by protests over tuition hikes and administrative pay raises, as well as violent police confrontations. meanwhile, a record number of students are applying for admission at the university of california. today, school officials said the number of applications to the uc's nine undergraduate campuses rose 8.6%. that includes freshmen and transfer applicants applying for the fall semester. and for the first time, latinos are the largest group of california students applying for freshman admission, rising to 32.1% of that pool. a bay area gun buyback program that was so popular it ran out of cash. the iou's now total tens of thousands of dollars. coming up, we ask, where is that money going to come from? >> big changes on how you can view the mavericks contest this year. we'll have that story, coming up. >> and you might be viewing your kids playing outside this weekend. it's looking absolutely gorgeous. here's a peek outside at san jose. currently another gorgeous evening on a friday. rain does return to the extended forecast. find out when it comes back to the bay area, next. the guns kept coming. but the ca a recent gun buyback in one bay area county may have been a little too successful. the guns kept coming, but the cash ran out. cbs 5 reporter grace lee tells us the county is now scrambling for donations, as redemption day draws near. grace? >> reporter: that's right, liz. when you have five locations handing out $100 bills to gun owners, it's amazing how fast you can run out of money. well in, this case, it took a little more than an hour to go through $43,000. that's why the marin county district attorney is hoping to raise more. guns by the hundreds were turned over in marin county. 827, to be exact, were taken off the streets in the gun buyback program on tuesday. >> the number of people that actually appeared actually surprised. >> reporter: when the cash ran out, the county began handing out vouchers, not sure if it would be able to honor them in the future, but now, the fund- raising campaign has begun. marin county district attorney is asking for donations to be sent to his office, because as of today, the county owes about 60 grand to the people who gave up their firearms. >> we've gotten contributions from $10 to $1000, just coming in in personal checks to our office for the buyback program. >> reporter: he says for those waiting to cash in their vouchers, redemption day is coming, on february 15th. how much he can pay out will depend on how much he can raise between now and then. he's already got a good start, thanks to the marin community foundation. the president there, thomas peters, says after giving 20,000 initially, the foundation will give another $15,000 to reimburse firearm owners who gave up their guns, no questions asked. >> i think there's no question that here in marin, just as across the country, this issue is potent. it's emotional, and it's very deep seeded. people want to make a difference and they want to turn the issue around. >> it does matter. and it is a step where something's being done as opposed to just talk. >> reporter: there was to be a buyback day on monday in marin county, but that's now been replaced. instead, you can voluntarily give up your guns on monday from 11:00 to 3:00 at the mill valley police station. now, no cash will be given because the da says he doesn't want to pledge any more money that the county doesn't have at this time, so if you have questions, though, about this or if you have a voucher, call their hotline. the number, 415-473-2727. so they will continue to update it, depending on fund-raising efforts. we'll have to see. >> sounds like these programs, they are successful, but just a few little wrinkles in the system. >> well, especially the first time. this was the first time for marin county. they had to figure out what to do, because they didn't expect to have this many people or to run out of money that fast. it was a little bit of a scramble. they are trying to make good. >> not going to stop them. they will keep this going. >> they are. >> grace, thanks. well, new rules in effect, as the mavericks serve competition gets under way this weekend. the giant waves and world class surfers always bring big crowds to the coastline. cbs 5 reporter don ford explains where spectators will get the best views this year. >> reporter: it's on! the mavericks big wave surf contest is set for sunday. with beautiful weather, the largest crowds are expected on the shore and on the water. the coastguard is very concerned. >> well, i highly recommend not watching it from a boat, as these are 30 to 40-foot, sometimes 50-foot waves. and those, a small pleasure craft, 20 or 30 feet does not fare so well in those situations. >> reporter: two years ago, spectators were swept off their feet. it frightened authorities, too. this year, all beaches are banned. all cliffs will be closed. and parking will be highly restricted. so how can you see the surfers? >> best way to see mavericks is at the mavericks festival. >> reporter: contest director jeff clark has a plan. >> lot of people got hurt by being out at the beach, so we have a webcast and a live streaming jumbotron, so you can watch the action as it happens. >> reporter: sponsored by go pro there, will be cameras mount order surfers, on their boards, on rescue craft, everywhere you can think of, all fed live back to shore to this parking lot behind the oceania hotel, where tomorrow construction of the festival grounds begins. the beach was always a bad idea. >> the event is a half mile out. it's tough to see anyway. you'll certainly be better off viewing it from the jumbotron. >> reporter: australian mavericks contestant ben wilkinson agrees. >> there will be action replays and they will be able to have food and beverages. i think it's going to be like a festival. it's going to be great. >> reporter: no one really knows how many people will show up sunday for the mavericks, but the officials say they are preparing for what they half- jokingly call woodstock on the water. at half moon bay, don ford, cbs 5. sounds like it's going to be a beautiful day to at least go by the beach, but maybe not too close to the water. >> here's the smartest move. enjoy the proximity to the water without going in it. this is going to be one of those weekends where the -- it's deceptive, because it looks like it's going to be okay. that sneaker waves, call it the sneaker waves, not because of a shoe. it's called a sneaker wave because those things can sneak up on you. when they do. the ocean is stronger than you. we've got high temperatures for today, over the santa clara valley, you hit 64 today. santa rosa, 64. 63 for santa rosa. morgan hill, mid-60s. how about oakland, downtown oakland, 68 degrees. another day in the low 60s for concord. we're zooming in, cbs 5 high- def doppler showing you the 880 corridor, 580 as well, dublin, livermore, tri valley, hayward, all dry. and the entire bay area, not only dry tonight, dry for saturday, sunday and monday. slight chance of a couple showers towards the end of next week, but not much going on weather wise for the next few days, except for sunshine. couple things to point out here, that big dome of high pressure is still firmly right over top of us. but there is kind of a building army of low pressure areas off to our west. as they get closer to us, they will over the next few days, they will begin to impact our weather, but likely not until next tuesday or wednesday. this big h means the center of high pressure that is sinking air, spreading out all throughout the west coast. we get sunshine, dry weather, mild weather, 60s again all the way through tuesday. that's four more days. when the pattern breaks down, it will look like this. low pressure carving its way down the western seaboard. it will increase the onshore flow. first thing we get, cooler temperatures and clouds around wednesday of next week. then after that, a slight chance of a shower, but not until next friday. if you liked the weather today, enjoy it for the next several. beautiful weekend to get outside. anything outdoors will be nice. rough, dangerous at the beach. we'll have more on that in a second with roberta. pattern change coming up next week. here is your extended forecast, calling for a high of 63 tomorrow for oakland. 61 for concord. redwood city, 65. san jose, 67. and fairfield, 62 degrees. sunny and mild, right on through the holiday weekend, including martin luther king, jr. day. cloudier on tuesday and wednesday. mainly cloudy by thursday. there's that shower chance, but not until seven days from now. let's talk more about that rough surf. high surf advisories in effect this holiday weekend at area beaches. roberta gonzalez is at rodeo beach with our mobile weather. roberta, waves are building up, aren't they? >> reporter: and i got to tell you, i've been on the road today, beginning my day at land's end beach. now we took mobile weather, otherwise known as lightning on wheels, we took this baby for it's very first time north of the golden gate bridge. we are now at rodeo beach, just outside of fort cronkite. and sunset tonight was at 5:18. when that sun did go down, boy, did it cool down rapidly. right now, our mobile weather suggests that it's 57 degrees, but it's the winds. they have been clocked up to 23 miles per hour out here. right now, sustained wind at 11 miles per hour. take a look at this. paul was talking about high pressure. a huge dome dominating the west coast. that's it right now, 30.12, which is a good indication that high pressure is firmly in place. it's going to stick around all weekend long, which means for this long holiday weekend, people are going to be flocking, flocking, running to the beaches. warm sunshine, blue skies, but there's a few things you need to know if you're heading to the coast. first off, a high surf advisory in place this weekend from the sonoma coast all the way to the san mateo coast. at mavericks, we are anticipating some of those as well as up to 20 feet, perhaps even larger. but meanwhile, like right here at rodeo beach, as well as can easily build 8 to 10 feet, 20 to 22-second intervals. now, in addition to the high surf advisory, the national weather service has also issued a beach hazard statement. first one is for sneaker waves. these are are long waves that just lap onshore. please don't have your back to an angry ocean or one of these waves can sneak up on you and drag you out to sea. also, what you need to know about is that we have a very high risk for rip currents. so unless you're a strong swimmer, it would be advisable to stay out of the water this weekend. besides, the water temperatures range anywhere from 50 to 54 degrees. but of course we'll have 24 surfers at mavericks on sunday, 17 alternates as well. if you need to know more about mavericks, a great location for you to view, well, the best location would be to stream it online. but if you want to know more about all the weather information, the beach hazard statement, as well as a high surf advisory, we've made it easy for you. we've collaborated all the information at cbssf.com and check it out. right now, we're at rodeo beach, taking a look at all of our weather information. 57 degrees. by the time the sun comes back up tomorrow morning at 6:56, warm sunshine at rodeo beach. back to you guys. well, phone rates are sky rocketing, with no end in sight. coming up in tonight's consumer watch, why many say phone companies aren't the only ones to blame for the big jump in land line bills. >> 49er-falcons coverage on cbs 5 through the weekend from atlanta. during sleep train's huge year end clearance sale, get beautyrest, posturepedic even tempur-pedic mattress sets at low clearance prices. plus, get free same-day delivery, set-up, and removal of your old set. and through monday, get 3 years interest-free financing on selected models. but hurry, the special financing offer ends martin luther king, jr. day. don't miss the year end clearance sale at sleep train. superior service best selection lowest price guaranteed. ♪ your ticket to a better night's sleep ♪ ars. . if you have a home phone, you've likely seen a big jump in the bill over the past few years. >> but instead of blaming the phone company, cbs 5 consumer watch reporter julie watts says many are pointing the finger at the state public utility commission. >> yeah, that's because the puc voted you man mussily in 2006 to let local phone companies raise rates as often as much as they want. they figure growing competition from the internet and cell phones would force them to stay competitive. well, didn't exactly work out that way. at&t flat rate land line service is up 150% since the decision. call waiting charges, up 180%. even low line rates have jumped 28%. competitor pricing is also within just a few dollars a month, so it's high across the board. now, the utility reform network is among the critics who fought against the puc decision, arguing there wasn't effective competition to prevent sky rocketing rate increases like the ones we're seeing today. he says the puc still has authority to set them and should do just that. >> they didn't take their authority away. they said we're not going to exercise it because the market will exercise its authority, if you will, to keep rates reasonable. and we know that hasn't happened. so the commission is well within its authority to come back and say well, this little experiment in, quote, deregulation, is not working, that consumers don't have more choice. consumers don't have lower prices, and therefore, they should come back in and do some degree of re-regulation. >> now, turn and others are calling on the puc to reinstate price caps on phone service and at a minimum, launch a public review of the effect of that 2006 decision. the state puc would not comment tonight, but at&t points out its rates are competitive within the industry. and remember, if you have a consumer complaint, give us a call, 888-5-helps-you. >> lot of people have land lines. >> the issue is, our cell phones don't always work at home. i have verizon and it doesn't work at home in san francisco. lot of people need land lines these days. internet phones aren't always reliable. >> true. thanks, julie. coming up in our next half hour, california caught in the grip of the flu. the outbreak officially reaches the state. why bay area hospitals are seeing so many more people. escaped their captors. and the americans caught i . >> freed from the hands of hostage takers. how they escaped their captors and the state of the americans caught in the conflict. >> how the problem of graffiti in the bay area could be attacked with art. get beautyrest, posturepedic even tempur-pedic mattress sets at low clearance prices. and through monday get 3 years interest-free financing on selected models. don't miss sleep train's year end clearance sale. ♪ your ticket to a better night's sleep ♪ well, well well. growing up, we didn't have u-verse. we couldn't record four shows at the same time. in my day, you were lucky if you could record two shows. and if mom was recording her dumb show and dad was recording his dumb show then, by george, that's all we watched. and we liked it! today's 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[ male announcer ] get u-verse tv with a total home dvr included free for life. only $29 a month for six months. rethink possible. across california. ment health offi . now at 6:30, the number of flu cases is spiking in the bay area and across california. government of health officials made it official today in the outbreak has hit our state. as elissa harrington says, brace for a bad season. >> reporter: it's here. the flu is widespread through 48 states. five californians have died, including a 98-year-old woman from santa clara county. dr. lisa winston, who specializes infectious diseases at san francisco general hospital, says this could be the worst flu season we've seen in years. >> we started seeing cases a few weeks ago, so numbers have jumped. >> reporter: symptoms include fever, sore throat and body aches. they are typically more particular with this strain of h3n2, typically sending most people to the hospital. >> for most people, flu will be a self-limited illness. it won't be any fun, but they will get over it at home. >> reporter: to control the spread, officials with the centers for disease control are urging everyone to get vaccinated. a flu shot clinic got under way yesterday at washington hospital in fremont. it continues today, as they try to meet demand. pharmacies are scrambling to stay stocked. in fact, safeway just shipped 200,000 additional doses and are even offering a 10% discount on groceries to people who get a shot. the cdc says there should be enough for everyone, but you might have to try a few places. vaccinations, however, are no guarantee you won't get sick, but-- >> it makes it a lot less likely that you will get the flu and if you do get it, and you've been vaccinated, chances are you will have more mild disease. you won't get as sick. >> reporter: elissa harrington, cbs 5. >> to find the closest place to you to get a flu shot, log onto our website, cbssf.com/health. an american from texas is one of the dozens of hostages killed during a rescue mission in algeria. this is the third day that militants have held captives at a natural gas facility. these former hostages are grateful algerian rescuers helped them escape their captors. >> very impressed. >> reporter: there is still confusion about who has made it out of the remote natural gas complex and who is missing. one u.s. official tells cbs news the fighting is over. one american is dead. and nine others are safe. the state department said friday afternoon, there were still american hostages. the al-qaeda-linked group behind the attack offered to swap two americans for two terror suspects in u.s. custody. >> let's not forget, this is an act of terror. the perpetrators are the terrorists. >> reporter: the terrorist group says it stormed the compound in retaliation for french airstrikes against militant fighters in neighboring mali. but some u.s. officials say this elaborate raid would have required a lot of planning. former u.s. ambassador to the u.n. security council stewart holiday says western oil and gas companies should prepare for more of these attacks. >> they have got to invest heavily in security and protecting their people. but that goes with the territory. lot of the natural resource extraction happens in tough neighborhoods. >> reporter: the obama administration offered its assistance in rescue operations, but the algerian military refused the help. >> france does confirm that one of its citizens is among the dead. he was a former soldier working security at that site. as the controversy surrounding college football star manti te'o and his fake girlfriend continues to unfold, people are also reacting to the news of who may have started the whole thing. a southern california man and former friend of te'o is believed to be behind the hoax. tuiasosopo's former teacher doesn't believe her former student was capable of such deception. >> extremely bizarre that this would be a boy who would play a prank on someone. >> it's still unclear whether te'o was involved or was just a victim. but notre dame is standing behind their star, claiming he was the victim of a cruel joke. new tonight, it's such a problem that san francisco is hosting an international conference to deal with graffiti. cbs 5 finds out one solution may be to fight taggers with art. >> reporter: graffiti is a $20 million annual problem for san francisco. other bay area cities like oakland and san jose deal with the same issue. take a look at these store fronts in oakland. vandals attacked walls, gates and windows. >> we cleaned up this morning. next day when we come in, you will see it everywhere. >> reporter: many fed up business owners say they are out of ideas. that's why leaders from around the world met at the zero graffiti international conference in san francisco. they are brainstorming and exchanging ideas. the theory is what appears to be a cosmetic issue can lead to more serious crime, like shootings. san francisco police say most of the city's tagging is gang- related, gangsters marking their turf. >> that could cause problems when other members of a rival gang may walk into the wrong neighborhood. >> reporter: one of the solutions talked about at the conference, using murals to fight graffiti. participants toured san francisco neighborhoods where that's working. >> graffiti taggers tend to respect artwork more and they will move on typically. >> reporter: experts say this alley in san francisco's mission district demonstrates what works and what doesn't. on one side of the street, an artwork, untouched. on the other side, blank walls with a lot of graffiti. that's one solution. experts also hope awareness will help contain this problem. in san francisco, don lin, cbs 5. washington is gearing up for monday's presidential inauguration. workers are setting the stage for the commander in chief's inaugural ball, which will take place after sunday's oath of office and monday's ceremonial swearing in. the ball honors america's service members and their families. the inauguration will be a star- studded event. beyonce, katy perry, kelly clark and usher are among celebrities set to form. stay with cbs 5 for continuing coverage of the inauguration. christin ayers will have live reports from dc starting tomorrow and cbs news will carry the president's swearing- in starting at 7:00 a.m. on inauguration day. lance armstrong finally comes clean. >> did you ever take banned substances to enhance your cycling performance? >> yes. >> after years of denial, his confessions to doping, lying, even bullying. on the third day in a row, wood burning is banned here in the bay area. the biggest culprit when it comes to spare the air pollution. three million viewers watched lance armstr the numbers are in and 4.3 million viewers watched lance armstrong televised confession last night. during his interview with oprah winfrey, he admitted performance enhancing drugs helped him win all seven tour de france championships. cbs, on on why armstrong didn't think it was wrong. >> reporter: lance armstrong's long awaited confession came, after oprah winfrey's first question. >> did you ever take banned substances to enhance your cycling performance? >> yes. >> reporter: armstrong told the world his unprecedented cycling career would not have been possible without doping. >> i viewed this situation as one big lie that i repeated a lot of times. >> reporter: the disgraced cyclist said he used blood transfusions, testosterone and the blood booster epo to get ahead. >> it did not even feel wrong? >> no. scary. >> reporter: armstrong does not consider his conduct cheating. he said it leveled the playing field during a time when many competitors were also doping. >> i didn't invent the culture, but i didn't try to stop the culture. >> reporter: he denied threatening teammates on the u.s. postal service team to use drugs, but he admitted bullying them to do just about everything else his way. >> it's a major flaw, and it's a guy who expected to get whatever he wanted and to control every outcome. >> reporter: the u.s. antidoping agency stripped armstrong of tour titles last year when it found evidence the cyclist used performance- enhancing drugs. after last night's interview, the agency said if armstrong is sincere about correcting past mistakes, he will testify under oath about the full extent of his doping activities. armstrong's charity, livestrong, said it was disappointed that he, quote, misled people during and after his cycling career, including us. a coffee shop in colin kaepernick's hometown named a drink after the 49ers quarterback. problem is, it misspelled its name. got kaepernick right, but colin has one l, not two. it's red velvet powder mixed with black tiger espresso, topped with whipped cream and caramel drizzle. talk about an energy boost! >> whew! wood-burning ban tomorrow for the fourth straight day. coming up, the bay area county leading the pack in spare the air pollution. >> those spare the air days are because of a big dome of high pressure that's giving you all that sunshine, mild temperatures. here's a peek outside in the south bay. how long is that high and the sunshine sticking around? there is an end in sight. i'll let you know when, coming up. >> the giants reach a deal with their mvp. and colin kaepernick and the 49ers have left the building. we'll take you to atlanta, coming up in sports. california's jobless rate isn't budging. als said the well, california's jobless rate isn't budging. today, state officials said the unemployment remained at 9.8% last month. that's the same as november. 1.8million californians were unemployed in december. the field showing the biggest job gains, construction, technology and educational services. attention spare the air scoff flaws, and you know who you are! the police are after you. and they are zeroing in on one county in particular. >> reporter: nothing like making a fire to keep the house warm, but that's a no-no on spare the air days. sonoma county is earning the dubious honor. >> they lead the bay area in the number of violations. >> reporter: 346 so far this season. bay area quality is on the lookout. if you get caught? >> people first have the option to take an awareness course and if they choose not to do that, there is a $100 fine for first time violation. second time violators have a $500 fine. >> they have villainized the hearth product that burns wood. >> reporter: mountain fireplace center in santa rosa says it's not so cut and dry. he says newer ovens create smoke levels that are negligible. he says the current snitch system isn't neighborly. >> neighbors turn on each other. it's not community-oriented. >> people see smoke in the air and instantly react that, boy, must be a lot of wood stoves burning today. >> reporter: this happens to be a gas fireplace, which is completely legal on spare the air days. but there is one exception to the rule. >> we do have an exemption available for bay area residents whose sole source of heating is from a fireplace. >> reporter: richard smith keeps his house warm for his grandkids. >> newborn up to four years old and we got five of them that come over. >> reporter: he can burn wood 24/7 legally, because the only heat source is a wood burning stove. >> we can't afford to buy logs and stuff, so we go around and collect pallets. >> fire keeps you warm, but sounds like this weekend it's going to warm up a bit outside. nice outside. >> afternoons will be great. nights will still be chilly, but the afternoons will be awesome. mid-60s! it's only 7 or 8 degrees above average, but you know where we were in december. we were chilly. concord, 51. san jose, 57. if you're planning on going to the beach, may be wise to stay out of the water this weekend. seas building 8 to 10 feet. sneaker waves, about every sixth or seventh wave can be the higher one, the one that can get you. swim with caution or maybe just kind of stay out of the water this weekend. high surf advisory, beach hazards. impact statement has been issued by the national weather service. otherwise, it's all good to get outside. cbs 5 high-def doppler completely dry. let's take a look at some of these numbers. what a difference between december and january. yesterday, i highlighted santa rosa. tonight, i'm highlighting concord. 5 inches of rain in december. january, one quarter of one inch with none coming for at least the next five days. this big deflector shield in the atmosphere, because that's what it does, look at these low pressure areas, hitting a wall. notice everything moving east, then hits about this point right here. it all gets kicked up to the north and up toward alaska. not the bay area. that is a deflector shield, which is a big dome of high pressure. not moving. forecast not going to change. nights, chilly. afternoon, sunny. temperatures in the 60s. you get that through tuesday, four more days. then high pressure finally moves and the pattern changes, gets more progressive. we won't see areas of low pressure move down from alaska. first thing it does, giving us the onshore flow. temperatures go down, cloud cover goes up. but it's not until next wednesday, so please enjoy the holiday weekend, which will have highs in the 60s and mainly sunny skies. good wind to get outside, spend time with your family. rough, dangerous serve at the beach, so stay out of the water. pattern change is coming, but not until next week. highs tomorrow, look at san francisco. great day to head into the city, maybe do sight seeing. livermore, 611. san jose, 67 degrees tomorrow. campbell, 67. palo alto, 65. hayward, 63. sunshine, low 60s for inland valleys, from pleasanton north to pleasant hill. napa, 62 up in wine country. richmond tomorrow, 63. sunshine in sausalito, 63 degrees. we are sunny on sunday. martin luther king, jr. day, many commemorations on monday. we'll be having sunshine then as well. then the pattern changes. we dip to the upper 50s by next wednesday and the slight chance of showers moves in by next friday. but at least the next six days are looking dry. we got a big football game on sunday. more on that in sports, coming up next. ♪ secondhand smoke affects everyone's health. it's not just irritating. it can cause heart disease and even death. speak up about secondhand smoke. your health and the health of your family depend on it. so, we all set? i've got two tickets to paradise! pack your bags, we'll leave tonight. uhh, it's next month actually... eddie continues singing: two tickets to... paradiiiiiise! no four. remember? whoooa whooaa whooo! you know ronny, folks who save hundreds of dollars by switching to geico sure are happy. and how happy are they jimmy? happier than eddie money running a travel agency. get happy. get geico. fifteen minutes could save you fifteen percent or more. the ravens have made no secret that part of their motivation this postseason is to se nother super . the ravens have made no secret that part of their motivation this post season is to send ray lewis out with another super bowl title. but over in the nfc, there's another future hall of famer hoping to go out on top. here's vern glenn in atlanta. >> reporter: good evening, kim. good evening, everyone. take a look at that backdrop behind me, huh? that is the georgia dome. we will be following the 49ers and the falcons all the way through the weekend. you'll hear all kinds of story lines behind this nfc championship game. but tonight, we're going to focus on one individual, a son of atlanta, who went to uc berkeley, starred there, and has a lengthy nfl career with no playoff appearances until now. >> ryan! >> reporter: if it seems like tight end tony gonzalez has been playing forever, in football years, you would be right. 16 years and a no-doubt-about- it hall of fame career. >> i compared it to the -- when you watch those old kung fu movies and you see the guy with the long beard. the toughest fighter is not usually the young guy. it's the old guy that's been around for a long time. i figure i'm like that! >> reporter: it all started collegiately at uc berkeley. two-sport star in football and basketball, 1995 through 1997. >> it's not a major drop-off. he's a genetic freak. i don't know. something like a vernon davis of the world. >> i can still play this game. no doubt about it. i could still play this game for another three years, i think if i wanted to, at a high level, too. >> reporter: at age 36, he says his retirement odds are at 95%. but he hasn't slowed down. he came within 70 yards of his fifth 1000-yard season. and at crunch time, gonzalez has always been an offensive threat. just ask the quarterback. >> well, he talked about this 95% sure. i tell him all the time i'm convinced of the other 5%. i think he can continue to play. >> i've gotten everything i ever wanted from this game. only reason i've been playing for the last couple years, to tell you the truth, is for an opportunity like this. now that it's presented, i feel some closure coming in. and i still got more closure to take care of. >> reporter: gonzalez, certainly fired up for this one. but so are the 49ers who are due to arrive here in atlanta any moment now. that will do it from here. kim, take it away, back to you in studio. >> thanks, vern. hamilton's official title at stanford was the andrew luck director of offense. now, hamilton is leaving the farm to become the director of andrew luck's offense in indianapolis. that's right. the colts have hired hamilton to be their new offensive coordinator. giants' strong off season continues. today, the club avoided arbitration by signing hunter pence and buster posey to one- year deals. the $8 million salary is a nice upgrade from 615,000 last season. the team's expected to reach a multiyear agreement with posey soon. giants will have their motivational speaker for at least another year. hunter pence signed a $13.8 million deal. the right fielder is a free agent after the 2013 season. second round, tiger woods has never missed a cut on the european tour, until today. tiger's tee shot on the 5th lands in the bushes. tiger thought his ball was embedded and dropped a new ball to continue his round, but the judges ruled that was an improper drop because there was sand around the ball, so tiger was assessed a two-stroke penalty and finishes at 3-over par and misses the cut. things didn't go much better for rory mcilroy, 6-over after 36 holes, first time since 1994 the world's number one golfer has missed a cut in a season opener. after two rounds of the humana challenge in la quinn take,al immediate in a's alameda's own. for news throughou . >> he won at pebble, i was there. he's still trying to make a comeback. had the wrist injury, just been plagued with injuries since that win. hopefully we'll see him on the pga tour this year. >> really too bad the 49ers will have to beat a nice guy. he's a nice guy, gonzalez! >> he's a really nice man. >> he won a playoff game, wanted to win a playoff game. he's got that. >> one and done? one and done. >> come on niners! good vibes to atlanta. thanks, kim. for news throughout the evening, the latest is always on our website, cbssf.com. >> enjoy your night. see you back at 11:00. [laughs] yes, i'm that flo. aren't you sweet! licensed phone-ups available 24/7. call 1-800-progressive. inn look at you guys with your fancy-schmancy u-verse high speed internet. you know, in my day you couldn't just start streaming six ways to sunday. you'd get knocked off. and sometimes, it took a minute to download a song. that's sixty seconds, for crying out loud. we know how long a minute is! sitting, waiting for an album to download. i still have back problems. you're only 14 and a half. he doesn't have back problems. you kids have got it too good if you ask me. [ male announcer ] now u-verse high speed internet has more speed options, reliability and ways to connect. rethink possible. at the georgia dome in atlanta, the site of the nfc championship. the praise has been rolling in all week after a game for the ages by the 49'ers offense and the biceps kissing quarterback, kaepernick shredded the cheeseheads, the time is now for a berth in the super bowl. pack your bags for atlanta, the 49'ers preview starts right now. kickoff is set for noon pacific on sunday...but our coverage you're looking at the georgia dome in atlanta, the site of the nfc championship, kickoff set for noon pacific on sunday but our coverage kicks off now. welcome to the nfc championship edition of 49'ers preview, the 49'ers have not won three games in a row, tim, all season long. they got to make it four in a row, otherwise they are not going to the super bowl. >> a tough place to play. what an offensive performance
StanfordCaliforniaUnited-statesFremontSausalitoAustraliaSanta-clara-valleyOaklandTexasAlgeriaEmbarcaderoAlaska of same sex marriage. >> swollen rivers. flooded streets. fallen trees and people in the dark. this a little november storm just gave the bay area a nasty beating and the second round in the fight is not over yet. paul deanno, it's not over yet. cbs 5 high definition doppler is still showing some rainfall. we had widespread rainfall rates about a half inch of rain per hour. tonight scattered showers out there with very small pocket of moderate rainfall. one of those pockets is right over the top of heelsburg. some scattered showers around paulo alto. and walnut creeks. the break between these soakers round two and round three that continues tonight. there will be scattered showers over night and through the day on saturday but not the widespread heavy rainfall. that said, there's more heavy rain before we're done. that's why the flood watch haves gone nowhere. for the north bay and the coast. a flood watch for the russian river. the problem is the ground is saturated from the rainfall we got today. from morgan hill and paulo alto. three and a half inches for black hawk. san francisco at the airport. two inches of rain downtown. and 5.71-inch of rain in saint helena. a loft rainfall fell and there's a lot more to come. the flood watch expiration has change and the rain will get out of here earlier than first thought. details on both of those in a few minutes. >> well more than a half foot of rain fell in one of the hardest hit areas the santa cruz mountains. the river in the south bay that many are watching closely. >> reporter: the san lorenzo river is rushing fast. in fact, carroll hendrix says it appears to be rising more dramatically than she's seen in years. only a day and a half ago it was so dry here you could walk across the bottom at this spot near downtown boulder creek. >> if it keeps raining it's probably going to go over the dam. the rain keeps falling in the mountains so do trees and electrical wires. highway nine was blocked in several places. including this tangled mess for much of the morning. we found folks who decided the take matters in their own hands. >> i don't know a tree fell down. >> what did you do. >> we chain sawed it up. the rest of us picked up and through to the side. >> three different men got out of their cars with their own chain saws and got to work sawing away the fallen tree. another guy used wire cutters to clear the roadways. >> it was a guide wire. no electricity. it was safe. >> we're happy to report no one was hurt in that incident. the folks up here very self sufficient. several had the chain saws in the car and took care of business. he said that's very dangerous. he wanted to pass along the viewers if you see a wire, assume it's a live wire and get back. like at least 30 feet back. call 911 don't try that yourself. in the santa cruz mountains. joe cbs 5. >> another big storm could bring the river to flood stage by monday morning the river has a long history of flooding during heavy storm. there is a flood watch for streams in the area all weekend long. >> watch out for whatever you park under. >> a lesson learned too late for someone in san francisco's pacific heights neighborhood. the over saturated ground gave way causing a tree to crash on to that mercedes-benz there. crews trimmed the trees and then removed it. >> the storm knocked out power on both decks. the lights came back on before 7:00. tonight across the bay area. 3200 customers are still without power. including 2,000 in the north bay. so how is all this rain cutting into holiday shopping and affecting the economy? cbs 5 reporter elizabeth cook has that part of the story. >> reporter: just some on and off drizzle here on walnut creek. earlier today the east bank was pummeled with two and a half inches of rain. it's still bustling with business. some small businesses are worried that could all change by this weekend. >> big storm even bigger headache. as commuters try to navigate their way through the rain maintenance crews just try to keep up. >> we've been pretty busy. a lot of flooding. >> a clogged storm drain at this shopping center left shoppers no choice but to wade through knee deep water to get to their cars. visibility was so bad in oakland a man almost fell off his bike when he couldn't see the sidewalk. chp crews had their hands full including a spin out on highway 24 and an uprooted tree on saint stevens drive. a heavy tree limb landed on a van while it was going down wildcat road bending the roof and blowing out the windows. the two people inside were shaken but not hurt. in walnut creek instead of watching the flood line small business owners are worried about their bottom line. >> everyone's doing their christmas shopping the storm is going to keep people away from an outside store like this. >> he works at atlas men's clothing he's tried to make sure the impended storm doesn't wash away potential customers. >> we're trying to call clients and make sure they can come in. you know like whatever it takes to get them out and shop. >> well you can track the storm any time with our live high definition doppler radar on our website cbssf.com/weather. >> investigators race against the weather to try and solve a murder mystery in one of the bay areas exclue neighborhoods. cbs 5 reporter christin ayers on how it turned deadly. >> a soggy search for clues in the hills. this sprawling mansion the scene of a homicide early friday morning. >> to have this happen this close to home in this type of community i'm taken back by this. >> police have not identified the victim but say he lived here with his wife. the man who owns the home a prominent south bay millionaire who once owned mountain winery. he had ties at one point to a spiritual group. around 1:30 this morning the woman that lived here called police saying the place was being ransacked by intruders. she was injured but not seriously. her husband was dead. >> certainly we're wondering about what would cause the suspect or suspects to pick this particular address. this particular residence and commit this crime. >> authorities combed the property for clues to day in a rainstorm. fearing wet weather could hamper their investigation washing away signs of a possible home invasion. >> there's concern that the weather is going to change evidence. you know. so we're working hard to collect any evidence that's there if there is evidence outside the home. >> the police have made no arrest. in fact, they're still investigating whether this was a targeted crime or just a random act of violence. live in monte soreno christin ayers cbs 5. >> gunfire erupted on a california freeway injuring a woman that was celebrating her birthday. more than a half dozen bullets were fired in north hollywood. the woman was driving with her father, sister, and baby. a white impala pulled alongside them and someone opened fire for no apparent translator: 20- year-old was taken to a hospital with a gunshot wound to the neck. no one else including the child was hurt. the shooter is on the run. >> couples all over america are waiting for six men and three women to tell them if they have a institutional right to mary. cbs news report chip reed on the next big chapter in the battle over same sex marriage. >> reporter: they've been together 10 years and would like to make their relationship official. >> it's always been our dream to mary the person that we love. and to commit our lives to each other. >> but as residents of california they can't because four years ago california voters passed proposition eight banning same sex marriage. but it's the u.s. supreme court that will have the final say. today the justices met behind closed doors to decide whether to hear arguments in the california case. if they do not a lower court decision striking down proposition eight will stand. and same sex marriage will again be legal in california. >> if the court does not take the appeal i will feel an amazing amount of joy. >> the court today also considered jumping into the debate over the defense of marriage act. known as doma the 1996 federal law defines marriage as between a man and a woman and allows the government to deny federal assistance such at social security survivor benefits to same sex couples even if they're legally married. several lower courts have struck down the law as a violation of the constitution's equal protection clause but thomas peters of the national organization for marriage says there's no right to same sex marriage in the institution. >> the federal government and our elected officials through congress have a responsibility and right to protect marriage as a union of one man and one woman. we hope the supreme court will follow the precedent and respect the wishes of the representatives of the officials in congress. >> they did not say which of the ten same sex marriage cases on its docket it plans to take up. that news could come as early osmond. but whichever cases it chooses legal experts say this supreme court term is likely to have a profound influence on the future of same sex marriage. chip reed, cbs news the supreme court. >> a federal judge is considering whether to block california law banning conversion therapy aimed a making a guy minor become straight. she spends to issue a written ruling next week. the law takes affect january first. opponents who filed the lawsuit say the been a infringes on parents rights to provide psychological care for their children. no sign of a breakthrough in efforts to avert the so called fiscal cliff. president obama took his case on the road today. he told people at a toy factory in pennsylvania he will insist on keeping tax rates where they are for middle income families and raising them for the wealthy. >> in washington nothing's easy. so yeah there's going to be so prolonged negotiations. and all of us are going to have to get out of our comfort zones to make that happen. >> increasing tax rates draws money away from our economy that needs to be invested in our economy to put the american people back to work. it's the wrong approach. >> john baner says negotiations are going as he put it almost nowhere. without an agreement. hundreds of billions of dollars in tax increases take effect in january. >> if the fiscal cliff wasn't enough there's another problem that threatens to suck billions of dollars out of the economy. the california labor dispute that may need a nudge from the president. >> great news for anybody with about 26.2 miles of outdoor activity planned for the weekend. the weather may get worse. >> we have a lot more rainfall heading toward the bay area but the timing of things has changed a bit. details on that coming up in about six minutes. stick around. but a strike has effectively shut down the port of entryr many of those prod . >> we depend on goods shipped from over seas but a strike shut down the port of entry for many products the part of las angeles and long beach california. it came to about $200 billion worth this year. so what's the problem? here's cbs news reporter john black stone. >> reporter: it began with 70 workers now all 800 members of the union are on strike. but 10,000 other workers are refusing to cross the picket line. that's brought the normally busy port to a near stand still. >> there's probably about a billion dollars worth of goods that come through this port everyday. and we probably got a -- about 900,000 or so people in the south land who's jobs are tied to the activity going to this port. >> six ships are anchored off the coast. >> if the ships are not working. the truckers are not working. the warehouse people are not working. it will ripple through the supply chain. >> it doesn't take much of a delay to cause problems for people. >> no. a very short delay will -- can mean that you know stores may not get a shipment the day that they expect it for their sales. >> the striking workers handle all the paper work that gets cargo from the port to the rest of the country. they earn an average of $85,000 a year. but say their jobs, most of which are done on a computer are being sent to other countries. thompson is on the negotiating team for the unions. >> we've lost 51 jobs in the last five years. during negotiations they would like to lose another 71. that's a large impact on us. >> shipping companies deny outsourcing. they want to drop contract positions which require hiring temporary workers even when there's no work for them. steven berry represents employers. >> these employees have a guaranteed job for life. we have a no lay off clause. there's probably 25 million americans that are looking for work right now that wish they had a no lay offs clause. >> the largest retailers organization asked president obama to help end the strike. a 2002 labor dispute ended when president bush ordered the docks reopened. it cost the economy $17 billion. cbs news las angeles. >> a lot of people about to spend several hours in nasty weather this weekend. the 30th california international marathon which runs from folsom to sacramento will start as scheduled 7:00 sunday morning. that means about 15,000 people will run 26 point -- well i don't know if they'll run it. some will walk. 26.2-miles in whatever the conditions bring. paul deanno here to tell us when we might see the absolute worst the storm system has to offer. i'm not sure if you can pick a worst time to start a marathon. sunday. 7:00. yeah you know. some would argue there's no good time to start marathon but our producer will run it and he's going to be very soggy. we have scattered showers and the roads are wet. heading towards san francisco. it's 59 degrees. hello. high definition doppler radar. strongest radar in town. active this morning. less this evening. we're in break between weather systems a few light showers south to walnut creek. pleasant hill. the rain will pick up in intensity. and here's a change. a few things changed in the forecast. the russian river is now expected to go over flood stage by nearly one foot. and that will occur early on monday. there's a lag time when all the water finally makes it into our bigger stem rivers the russian river is now forecast to flood on monday morning. just after sunrise. here's the deal on the atmosphere. we have a tremendous amount of moisture out there. it's aimed squarely at the bay area and northern california. the only reason why it's not pouring outside right now is we're in between wave of low pressure moving through. right now we're getting scattered showers. look at the rain up and down the western sea board here. seattle, portland getting heavy rainfall. our round of rain is several miles offshore. it's only a matter of time before it gets here. the timing has changed. it likely will be after midnight tomorrow night before the rain picks up in and around san francisco, oakland and san jose. we're pushing things back after midnight tomorrow. rainfall totals have not changed. everywhere you see purple another two inches of rainfall. north day, three to five inches of additional rainfall. a lot of rain coming through from midnight tomorrow night through the day on sunday. it looks like it will come in a consolidated amount of time. it looks like the rain will be out of here sunday afternoon. dryer by sunday evening. the average high is right around 60 degrees. napa 64. san jose, 65 degrees. the rain picks up tomorrow night. raining most of the day on sunday. after they we get a break. monday looks dry. a couple scattered showers on tuesday and wednesday and then mainly dry and sunny next thursday and friday. we have one more round to go before we say good boy to the tropical moisture. we'll be right back. oh, you have a keurig vue brewer? oh, it's great! now i can brew my coffee just the way i love it. how do you do that? well, inside the brewer, there's this train that's powerful enough to carry more coffee and fresh water to make coffee that's stronger and bigger... and even hotter! actually, i just press this button. brew the coffee you love -- stronger, bigger, or hotter -- with the keurig vue. winning tickets was . >> it certainly was a power jackpot. one of the winning tickets was sold in arizona. the other sold to a husband and wife from missouri. and today they joked that their family is going to have a pretty good christmas. >> the hill family. come on up. >> cindy and mark hill of dearborn missouri bought one of the two winning tickets for the 588 million-dollar power ball. >> and i was thinking is that the right numbers ? is that the right numbers ? and i was shaking and i called my husband and i said i think i'm having a heart attack. >> it is a giant reversal of fortune nor the hills who were high school sweethearts. cindy's been out of work for two years. mark is a mechanic. he says the reality hasn't quite sunk in. >> we had to get tooth paste and stuff like that. so i found myself in the store still looking at the prices of stuff. >> their lump sum payment comes to $192 million. they're planning to set up college funds for relatives and give to charity. they want to keep their four children grounded. >> jaden what did you want for christmas? >> pony. >> the hills adopted jade reason if china five years ago. they say with their new fortune they're considering a second adoption. >> and the hills say they're looking forward to not working. get that. and traveling. they want to take their daughter to the beach because she's never been to the beach. >> good for them. that's great. >> all right. we are at the stadium. the sight of the cardinals headed to the rose bowl and i have the rose to prove it. highlights coming. don't move. . >> people who wanted a good game for the rose bowl they got it. vern glen is down in stanford. what a game. >> in the finish it was the cardinal red moving on. it was a red shirt freshman that certainly did what andrew luck couldn't. take the cardinal to the rose bowl. in the way was ucla. six days after the two closed the regular season, 31,622 smallest crowd in a couple years. early second quarter here comes stephen taylor up the gut for a one yard toss. tie the game at 14. early fourth quarter stanford on third and 15. kevin hogan finds drew torrell on a game tieing strike. to tie the game. jordan williamson from 36-yards out the kick is good. the cardinals take a three point lead. 52-yard kick. no, no, no. and it's roses for the stanford cardinal. winners 27 to 24. . >> they're grate smart kids. they played well. and we plan on being this position hopefully more than once. >> so it will be nebraska or wisconsin those two will battle out for the big 10 championship tomorrow. >> how exciting. love it. >> road trip. >> let's go. >> we'll see you back here at 11:00 on cbs 5. ,,
StanfordCaliforniaUnited-statesSaint-helenaBoulder-creekNorth-hollywoodMissouriOaklandRussian-riverPleasant-hillChinaWashington the 26-year-old reporter for cnn reporter in milwaukee had been standing out in a snowstorm for hours, doing live shot after live shot. >> i have been here since 3:30 this morning, and it's now, i don't even know what time it is. i'm exhausted. it's 9:45, and i have run out of things to say and it's snowing and it sucks. >> reporter: most viewers loved it. a tv critic wrote that this apparently famous weather instrument, the witi snowstick probably blushed. maybe angelica wasn't as posh as, say, prince charles, the time he did the weather. >> cold, wet, and windy across most of scotland. >> reporter: but at least angelica is not getting teased like the "today" show's al roker did when he had what he described as a brain freeze, to which some youtuber added a soundtrack. >> you unlock this door with the key of imagination. >> reporter: angelica was in her own twilight zone of ambivalence when she tweeted, not sure if i should be proud or embarrassed of that moment. lol. be proud, angelica. they say the truth shall set you free, even if it doesn't free you from freezing your butt off doing live shots. >> i'm as mad as hell -- >> and it sucks here. >> reporter: jeanne moos, cnn, new york. good morning, everyone. i'm brianna keilar in for randi kaye. >> i'm victor blackwell. it's 8:00 here on the east coast, 5:00 out west. thanks for starting your day with us. let's go to florida where we are waiting a news conference to begin on that sinkhole tragedy yesterday. rescuers are trying to find jeff bush. he's presumed dead, but his body has not been recovered after the earth opened up and swallowed him. let's listen. >> i'm the public relations officer for hillsborough county fire rescue. at this time, first of all, i want to say that our hearts go out to the families of wicker family and the bush family, because they do not have their family member with them at this point. we are here, because we want to give you an update about what we're doing for the families. first of all, we started our operations this morning, our conducted operations started at 7:00 this morning. that's what we're doing right now. and i want to let you know that we set up a fund for the family, a donation for the family. we actually have a website. anybody that's interested to help the families that are affected by this incident, the website is www.firefighter-relief.com. anybody can go on that website and be able to donate to the family. also, we have an e-mail set up for the family members. we ask that you please, if you want to know anything about the family members or contact the family members, you go to this e-mail. the e-mail is wi wickerfamilyhcfr@gmail.com. any questions, like i said, please refer them to that e-mail and also the website as well. i will not be taking any questions at this time. this is just an informational press conference. like i said, we just started operations this morning, so we don't have anymore details to give you at this time. and thank you. i will not be taking any questions at this time. thank you. >> so there we had the public information officer there in florida, talking about the story of jeff bush. imagine your brother, your son, reft, sleeping in his bed and just falls into a hole under the house. let's go to john zarrella, he's there in florida. john, what are authorities telling you about the search for this man? >> reporter: well, right now it's considered and has been since yesterday in the afternoon, a recovery operation. not a rescue operation. they obviously believe that he has perished, that jeff bush perished yesterday when he was literally swallowed up in that hole. now, you can probably see that piece of equipment in the distance behind me there, and that is a ground penetrating cone, is what it's called. and they were using that all yesterday afternoon. and what they're doing with that is they are literally, and you can see the men wearing those at the timers and the harnesses. and that is because they are concerned if any chance this ground, that is very unstable, should give at any time, they don't want to lose anymore people. so they're drilling holes, they're trying to get an idea of the scope, the dimensions of this sinkhole, because it is very unstable and they do believe that the sand is very soft, all around this area where that house is, from the measurements that they've taken yesterday and this morning. and that being said, that's why the concern that it will continue to cave in and the sinkhole will continue to grow. so they're going to work throughout the day today, finish doing their measurements, getting a handle on how best to get into that house. you know what they said yesterday, victor? they said at a press conference, we don't know when we're going to get into that house, we don't know if we're going to get into that house. that's how concerned they are about the instability of the ground around it. >> john zarrella, we'll continue to watch this and check back with you later. thank. >> thanks, john. no washington now, where overnight, $85 billion in federal funding slashed from the budget. president obama signed the order, triggering those forced spending cuts after lawmakers failed to work out a deal. >> but before that, our own jessica yellin asked the president why he didn't just lock lawmakers in a room until they could reach an agreement. >> i am not a dictator. i'm the president. so, ultimately, if mitch mcconnell or john boehner say we need to go to catch a plane, i can't have secret service block the doorway. >> cnn's national political correspondent, jim acosta, is at the white house. jim, congress will still try to come up with another plan, right? >> well, we'll have to see, victor. you know, the president signed this into law, essentially, he executed this order last night at 8:30 p.m. this is it right here. and omb, the office of management and budget sent over an 83-page letter to the speaker of the house, john boehner, detailing, line by line, where all of these cuts are going to be going into effect over the next several weeks, over the next several months, depending on which department of the federal government you're talking about. and you can just look at the numbers, they're pretty staggering. $289 million for the centers for disease control. nearly $1 billion for fema, $3 billion to $4 billion for operations and maintenance for the navy, the army, the air force, and then the list goes on and on. and so that's why the president, in his weekly radio address, is saying, essentially, to the leaders of congress, hey, let's get back to the bargaining table. let's work out some kind of deal to make these cuts go away. here's what he had to say. >> i still believe we can and must replace these cuts with a balanced approach. one that combines smart spending cuts with entitlement reform and changes to our tax code that make it more fair for families and businesses without raising anyone's tax rates. that's how we can reduce our deficit without laying off workers or forcing parents and students to pay the price. i don't think that's too much to ask. >> reporter: now, in the republican weekly address that was put out by cathy mcmorris rodgers, she's a top republican in the house, she said that the president, in calling for new revenues, he wants to close some loopholes and deductions to raise revenues, she's calling those taxes, and she's calling that a nonstarter for republicans. so victor and breanna, they are very much dug in on both sides at this point, and there's no real sign that anything's going to get worked out anytime soon. >> and jim, this was an interesting press conference yesterday, because it's not every day that the president goes sci-fi when he's answering reporters' questions. >> reporter: that's right. he came out yesterday, and as we heard when he answered that question about why not just lock the leaders into the room, he said, well, you can't use a jedi mi mind meld on congressional leaders up on hill, and he said, that was a mixture of a stre"st trek" and "star wars" reference, and the press secretary put out a statement saying, these aren't the cuts you're looking for, which was a reference to the "star wars" movie. of course, twitter exploded over the whole thing. but the white house had some fun with it. but not a lot of fun with these spending cuts. these are going to be kicking in, and i expect over the next several weeks, we're going to be hearing from the american people about them. they're not going to be too pleased, brianna and victor. >> not at all. jim acosta, thank you. >> you bet. we've got much more ahead this hour. here's a look at what's coming up. >> reporter: it's the economy, stupid. no, we're not talking spending cuts. why same-sex marriage isn't just about morals, it's about money. were you crying when you were shooting him? >> a brutal cross-examination of a suspected killer. but were the tears genuine or all part of the act? and what is too young for sex ed? 12? 11? how about 5 years old? chicago thinks it's okay. we'll explain. i've always had to keep my eye on her... but, i didn't always watch out for myself. with so much noise about health care... i tuned it all out. with unitedhealthcare, i get information that matters... my individual health profile. not random statistics. they even reward me for addressing my health risks. so i'm doing fine... but she's still going to give me a heart attack. we're more than 78,000 people looking out for more than 70 million americans. that's health in numbers. unitedhealthcare. so i used my citi thankyou card to pick up some accessories. a new belt. some nylons. and what girl wouldn't need new shoes? and with all the points i've been earning, i was able to get us a flight to our favorite climbing spot even on a holiday weekend. ♪ things are definitely looking up. 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[ male announcer ] the beautiful jennifer aniston now for aveeno®. history unfolding this week in the battle over same-sex marriage, with president obama's latest and arguably boldest evolution on the issue. on thursday, he formally expressed support for same-sex marriage in california, setting up a high-stakes constitutional showdown at the u.s. supreme court later this month. then yesterday, citing the declaration of independence, he made it even more clear where he stands. >> we cannot discriminate against same-sex couples when it comes to marriage. that the basic principle that america is founded on, the idea that we're all created equal. >> but the contentious issue is not just about morality or god and scripture anymore, it's also about money, and, yes, taxes. which is why some of the country's biggest companies, like apple, cisco, nike, to name a few, signed a legal brief thursday in support of obama's argument. so joining me now to talk about this, brian mollton, the chief legislative council at the human rights campaign, and thomas peters from the national organization for marriage. let's start, guys, with the president. are there legal -- or should i say, political or legal ramifications for a sitting president to be writing a friends of the court brief to the supreme court on this issue? you first, brian. >> absolutely. the court, obviously, is going to take the government's position and it really is now the u.s. government's position, that proposition 8 is unconstitutional, into account, when it's looking at this case. and the solicitor general is going to be able to be there and speak to the justices about that position as well. so i think it will have a big impact for the court. >> thomas, what do you think? >> well, i think, obviously, when the president says something, the supreme court listens. but i think what he's managed to do is he's politicized the issue. and i think that will actually allow for the supreme court to really make sure that the rights of the people of california, the 7 million californians that voted to protect marriage are respected and ultimately upheld. >> but, at least at this point, at least, 100 high-profile republicans have also expressed their support of same-sex marriage this week. this was a huge development. what does this mean, though, for the future of marriage now that you also have business giants in the mix? >> first of all, it wasn't high-profile republicans. the one thing these people had in common, besides the fact that they are ostensibly republican, that they were office. the top republican they found was jon huntsman. >> these are pretty high-profile -- i don't know if i can agree with you on that. >> i totally disagree. >> the associated press had a report that the republicans who have come out for same-sex marriage, while in office, get kicked out of office. so, you know, if this is -- the republican grassroots do not support redefining marriage. >> but, it seems that overwhelmingly, even when you look at polling, i would have to say, that there are an increasing number of americans, including republicans, self-identified republicans, who support it. so i'm just wondering if you see, and obviously, i think that you would, brian, that there may be a bit of a shift here that we saw this week. >> brianna, first of all, there are two members of the house of representatives, republicans on that brief, currently serving members of the house of representatives who are strongly stepping up for marriage equality. so it is not the case that these are, you know, nobodies on a brief. 100 plus major republican leaders, who are respected in the party and have a voice, a conservative voice to bring to the table on this issue, so i think that's a really unfair to dismiss something like that. and these are major u.s. companies that you are middle ageing that have weighed on the prop 8 case and the case defending the defense of marriage act, because it does hurt them and their ability to do business. these are really new voices. >> thomas, i know your objections, obviously, have to do on the issue of morality. but on this issue -- >> no, that's not true. no, that's not true. that's not why i strongly support the institution of marriage. it's because marriage best serves the needs of children. >> but the point that i'm getting at is when we talk about this as a business imperative, let's take a look at what this filing says. it says, "recognizing the rights of same-sex couples to marry is more than a constitutional issue, it is a business imperative." so what do you think about that? do you agree with that? do you disagree with that? is it about more than that? is that not enough? >> i strongly disagree with it, because, first of all, the top ten states for growth right now in this country, nine of them have marriage protection amendments. and so, you know, where this argument comes from is the left wing, ucla williams institute, which has been peddling this argument for years, that gay marriage is an economic stimulus. the very states that are currently trying to, they're trying to legalize gay marriage, like new york and california, are not exactly in an economic picture of well-being. so, look, strong states like indiana are moving towards marriage protection amendments. north carolina recently passed its marriage protection amendment by 61%. the fact of the matter is that protecting marriage protects children and it helps businesses. >> but, thomas, let me ask you this. because you have businesses now that are saying, it's costing us money. they say, and this obviously gets a little complicated, but they say, same-sex couples are required to pay a federal income tax on health benefits, provided to a spouse through an employer-sponsored health insurance plan. some employers reimburse employees for the extra tax paid. that requires extra time and money. they say it's costing them money. do you disagree with that? >> well, let's look at -- you used the adjective "complicated," and it is complicated. but here's one complicating factor that i think is being ignored in this broader debate. you know, the president is arguing in the supreme court that gays and lesbians are politically powerless class. and now you've been telling me time and time again that all these corporations support redefining marriage. so i would actually ask brian, which is it? are gays and lesbians actually a politically powerless class, or do all these corporations, the vast majority of people support redefining marriage? because you can't have it both ways. i believe that gays and lesbians are a politically powerful political class that are trying to redefine marriage for all of us. >> brian? >> i would say, first of all, you know to his earlier point, i think it's really clear that all of these companies supporting marriage and ending doma are doing it because they think it is right for their employees and right for the american economy and so i think that speaks volumes and much more than, you know, what particular states' economies look like that have marriage equality. into political powerlessness, without getting into the weeds of political jurisprudence, it's one of the several factors that the court looks at when it decide about how to weigh in on laws that discriminate. but it's really ridiculous to suggest that gays and lesbians are politically powerful, or we wouldn't be here. we wouldn't be talking about fighting against amendments that are approved by legislatures and the voters that gays and lesbians are unable to stop at the ballot box, that take away their right to simply be in a relationship that's equal and recognized. you know, you have six members of the house of representatives who are gay or lesbian in a body of 435 people. it's not as if we are overrunning the halls of power. we have a long way to go. >> and this is obviously a conversation that we will be having in the months to come with both of you. brian mollton and thomas peters, thank you. >> thank you. a sinkhole opens up under a house in florida and a man living in the house just vanishes. we'll have more from the moments after he disappeared. coming up, golfer rory mcilroy walks off the course and leaves the honda classic, but it gets worse. wait until you hear his excuse. 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[ female announcer ] with 40 delicious progresso soups at 100 calories or less, there are plenty of reasons people are saying "progress-oh!" share your progress-oh! story on facebook. that nasty odor coming from your washer. say farewell to the smell with tide washing machine cleaner. it goes straight to the source of the stink to lift odor-causing residues off your washer's drum. tide washing machine cleaner. let's talk sports now and start with the story that has the golf world talking. rory mcilroy, top-ranked player in the world, he walked off the course yesterday in the middle of the honda classic. what's his excuse? a toothache. jared greenberg is here with more in this morning's bleacher report. jared, this guy won this thing a year ago and now he's just walking away. pretty suspicious. >> you know what, victor, i don't think i can do this right now. i kid! i kid! i kid! you know, at first, rory mcilroy said he wasn't in a good place mentally, now he says he's not in a good place dentally. the world's best golfer walked off the course during his ninth hole yesterday. he hasn't been on his a-game. first he told reporters that he was not in a good place. then, later, mcilroy apologized for his sudden withdrawal, saying his sore wisdom tooth wouldn't allow him to concentrate. no truth to the rumor, victor, that roy has a tooth-hurty dentist appointment -- get it, 2:30? i'll take any audience. joe flacco needs to make an appointment with a financial planner. more than a month after leading the ravens past the 49ers in the super bowl, he's reportedly set to put pen to paper on the richest deal in the nfl in history, six years, $120 million. this dude is just ridiculously athletic. brent williams leaving it all out on the field. the center fielder with an olympic diving-type effort. i give him a ten! not hercules, but mr. williams, we may not be done with him just yet. because he and the wolf pack are off to an impressive 8-1 start this season. dunk a basketball, get $1 million. no, not for the average joe. it's being offered to the world's best baller. lebron james by one of the all-time greats, magic johnson, and it's not for any ordinary dunk. magic wants lebron to give in and finally participate if the nba's slam dunk contest. dunks like this, prior to miami heat games have fans racing to their seats earlier than normal, fans and magic want lebron to take their talent to new orleans in next season's midseason showcase. if he does, magic says he'll pay up. stay tuned. for all of today's entertaining sports news, including a rematch between duke and miami, be sure to logon to bleacherreport.com. that's going to do it for our update. back to you, victor. >> how's that tooth? a little better? >> it's a little sore. we'll get some novocain, it'll be all right. i battled through it, though. i'm tough. >> we appreciate it. take a couple of minutes, get yourself together. thanks, jared. >> brianna? >> thanks, victor. well, those forced spending cuts, they're in effect and i'm sure you have a lot of questions about how when and how those cuts are going to be felt. we'll answer your questions. >> the longer these cuts remain in place, the greater the damage to our economy. a slow grind that will intensify with each passing day. this is stacy from springfield. oh whoa. hello? yes. i didn't realize i'd be talking to an actual person. you don't need to press "0," i'm here. reach a person, not a prompt whenever you call chase sapphire. why should saturday night have all the fun? get two times the points on dining in restaurants, with chase sapphire preferred. how did i know? well, i didn't really. see, i figured low testosterone would decrease my sex drive... but when i started losing energy and became moody... that's when i had an honest conversation with my doctor. we discussed all the symptoms... then he gave me some blood tests. showed it was low t. that's it. it was a number -- not just me. 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[ male announcer ] in a clinical study, over 80% of treated men had their t levels restored to normal. talk to your doctor about all your symptoms. get the blood tests. change your number. turn it up. androgel 1.62%. bottom of the hour now. welcome back now. i'm brianna keilar in for randi kaye. >> i'm victor blackwell. thanks for starting your morning with us. here are five stories we're watching this morning. >> rescuers are back at the scene of a sinkhole in florida. they're searching for the body of jeff bush who was in his bedroom when the earth collapsed beneath him. >> we need an ambulance. he's stuck underneath the house. the house just fell through. >> okay, what happened to the house? >> the bedroom floor just collapsed and my brother-in-law is in there, and he's underneath the house. >> okay. hold on one second. let me connect with ems, okay? >> okay. oh, my god. >> that was the 911 call made to police early friday morning. >> authorities say the hole is growing bigger and could actually swallow up the rest of the house. the man charged in last july's movie theater massacre in aurora, colorado, may plead not guilty by reason of insanity. in court papers made public yesterday, lawyers for james holmes say they can't make a final decision on the plea until a judge rules on their motion, challenging the constitutionality of colorado's insanity defense law. as it stands, people who invoke it must disclose potentially incriminating information. now, in this case, that could include holmes' mental health record and plus a notebook he reportedly sent to his psychiatrist. overseas now, venezuelan president hugo chavez is fighting for his life. that's the word from his vice president who spoke with supporters last night. nicholas maduro says the president is undergoing chemotherapy at a hospital. in december, chavez had his fourth cancer surgery in cuba, which made him miss his inauguration. the supporters held mass at him for the base's chapel last night. one republican lawmaker says a conservative organization may have written off the next president. the chairman of cpac says new jersey governor chris christie was not invited to his annual conference because his recent positions were not conservative enough. republican congressman peter king calls cpac's decision a mistake. >> that's a suicidal death wish. cpac to me loses all credibility. you have a governor who's conservative, he's balanced the budget, taken on unions, he's pro-life, and he has a 74% favorable rate in a democratic blue state. here's a person who has shown that blue-collar conservatism works. that it appeals to working men and women. that it appeals to women. and these are the areas where we've been suffering. chris christie is doing the job, but they say because he fought for the aid for new jersey, which he was entitled to, the same aid that every other state has always gotten, he won't be accepted. >> for his part, governor christie says the snub does not bother him. president obama has pulled the trigger on $85 billion in forced spending cuts after he and republican leaders could not hammer out a deal. here's how you could be affected. there would be fewer fda safety inspections of food manufacturers, as many as 70,000 kids might lose access to head-start programs. unemployment benefits could be cut by more than 9%, and there could be 4 million fewer meals than seniors. you might also be wait longer at those airport security checkpoints. you still may have lots of questions about the $85 billion in cuts over the next seven months. and our tom foreman is getting the answers for you. >> hey, victor, brianna, here is a pretty hot question we've been getting from several sources. in this case, on twitter who asks, does congressional pay get cut, and how can the american people be assured that the salaries of congress are cut 20%? the answers in ordinary are, no, and you can't. congressional pay is not part of the sequester because of the 27th amendment, which says that changes in congressional pay, even if approved, can only take place when the next congress moves in. this was done to keep congress from giving themselves big pay hikes. but it also means that no one in congress can take a cut right now, despite some saying they voluntarily want to do so. john mcgruder on facebook says his town school superintendent has warned of, quote, devastating effects on local education from head start to high school, taking money from programs that serve low-income students and those with disabilities. can you tell me if this is true? it is true if you read that statement carefully. many of the efforts to educate low-income students or those with disabilities are funded with federal dollars. cut those dollars, and yes, those programs will suffer. the department of education is predicting thousands of layoffs. but does that mean most teachers are in danger? well, here's a related question, from knoxi blue. high school art teacher. i'm screwed, right? not necessarily. remember, most teachers, most schools get the vast bulk of their funds from state and local governments. if your school district is struggling to pay its bills, ripples from the sequester won't help, but they also would not, in all likelihood, be the primary reason that teachers might lose jobs. victor, brianna? >> thanks, tom. if you have questions about the forced spending cuts, send them to tom foreman using the #asktomcnn on twitter. sex, lies, and a murder trial. we're talking about jodi arias and speaking to a defense attorney about her chances of proving she's the victim and not a killer. >> wouldn't you agree that you're the person who actually slit mr. alexander's throat from ear to ear? >> yes. ♪ my friends, they do surround me ♪ ♪ i hope this never ends ♪ and we'll be the best of friends ♪ [ male announcer ] introducing the reimagined 2013 chevrolet traverse. all set? 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[ female announcer ] honey nut cheerios cereal -- heart-healthy, whole grain oats. you can't go wrong loving it. i'm up next, but now i'm singing the heartburn blues. hold on, prilosec isn't for fast relief. cue up alka-seltzer. it stops heartburn fast. ♪ oh what a relief it is! let's talk about this jodi arias trial. she's charged with first-degree murder for the brutal killing of her ex-boyfriend, travis alexander in 2008. now, she's been on the stand for almost two weeks as prosecutors chipped away at each story. now, initially, she told police she had nothing to do with his death. then she said it was self-defense. now, if arias is convicted, she could get the death penalty. you know who i want to speak with about this, paul callen, our legal contributor. paul, you've been a prosecutor and a defense attorney, so i'll ask you to wear both hats in this. jodi initially said she had nothing to do with it, blaming this attack on intruders, and then she claims self-defense. because she has lied leading up to this. how sensitive, how credible is her case? >> well, i think her case is not credible at all. i mean, i've been watching and covering trials for many, many years and i prosecuted murderers and i've defended murder cases. this is the worst defense i have ever seen in the history of defenses. now, god knows if the jury comes in and finds her not guilty, i'll look like an idiot. but i'm telling you, she's been on the stand for ten days. she's given a story that indicates that she planned, deliberated, and then stabbed a guy 27 times, slit his throat, and then shot him in the head. and she said that on the witness stand at various times. she admitted it in the course of a very, very effective cross-examination. so, unless you assume the jurors are idiots, i don't see a defense in this case. so, and i'll be stunned if, in fact, they cut her a break and find her guilty of a lesser charge. >> yeah, this attack, i mean, how do you overcome the assumption that at some point, travis alexander was no longer a threat if this truly was self-defense? at some point in these 27 stabbings and the gunshot, at some point, this man is already dead, right? >> well, not only is he already dead, victor, but i think there's a misconception that's developed about self-defense through the years, especially with the battered woman defense and self-defense cases that are presented on television and in other context. the law says, you can't kill somebody else unless you are in reasonable fear that they are trying to kill you. and by all accounts, travis alexander was unarmed, as a matter of fact, it looks like he was naked, and somehow, jodi arias had a knife and a gun, which she used repeatedly on him. so if you just had those facts alone, where is the self-defense claim here? you also have a duty to retreat. she could have gotten out of the house. and in fact, she's the one who went to the house. so if you apply the law of self-defense, i don't see it happening in this case. >> so the guilt here, because she has admitted to killing him, she's, you know, said she killed him. that's obvious. the question is, does it rise to the level of being a death penalty case? is it a strong death penalty case? >> well, i think you're on to something here. and i think this is -- the only possible explanation for why these defense attorneys would put her on the stand for this length of time, to tell this sordid tale of this relationship and the details of the killing, would be that maybe the jury will look at her and say, you know, she's, she's so sick, she's such a mental case that maybe she doesn't deserve the death penalty. but my view of it is, when i was watching pieces of this testimony, and bear in mind, i think you have to be in court to really have a sense of it, but it's that she's a cold-hearted, calculating killer. and she's exactly the kind of person you give the death penalty to. now, you may be opposed to the death penalty for conscientious reasons, you think it shouldn't be imposed in any case, but if you're going to impose it, this fact pattern is one that you impose it on. and women very rarely get the death penalty. but the ones that have gotten it historically, they're black widow defendants. they're ones that had cold, calculated killings involving lovers. those are the ones who have been put to death in history. >> just the person i wanted to talk about this, paul callan, thank you. >> nice being with you, victor. >> so was jodi arias a domestic abuse bim victim or a cold, calculating killer. it was seven days dominated by a murder in mississippi and wikileaks' admissions. here's your week of crime in 60 seconds. a shoot-out in california leaves two police detectives dead. authorities say jeremy goulet gunned down sergeants lawrence baker and elizabeth butler tuesday. when the police found him, goulet was killed in a gunfight. marco mcmillian, an openly gay mississippi mayoral candidate was found dead near a levee, miles from his car. police have arrested lawrence reid, age 22. the local sheriff's office says reid faces murder charges. the parents of a transgender first grader have fileded a lawsuit against a colorado school district. roy mathis' parents say that the school discriminated against their child when they refused to allow him to use the girl's sex or begans. he was born with male sex organs, but identifies as a girl. and bradley manning pled guilty to 10 of the 20 charges against him with regard to releasing documents through wikileaks. he did not plead guilty to the most serious charge, aiding the enemy. that's your week of crime in 60 seconds. the man charged in the death of usher's 11-year-old stepson will appear before a judge this weekend. jeffrey simon hubbard is a trend of the family. he's been held without bond, pending his court appearance. a grand jury near atlanta has indicted him of first-degree his by vessel. police say hubbard was piloting the jet ski that collided with kyle hubbard last july. coming up, schools in chicago will start teaching sex education a little earlier, maybe a lot earlier. >> because sex ed is a continuum of information. so with the foundations beginning at kindergarten through fourth grade -- >> but is this something the school should be teaching in kindergarten or at all for that matter? 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[ jen garner ] what skincare brand is so effective... so trusted... so clinically proven dermatologists recommend it twice as much as any other brand? neutrogena®. recommended by dermatologists 2 times more than any other brand. now that's beautiful. neutrogena®. ♪ when did you first learn about the birds and the bees? well, if your kids are in chicago public school, they're going to start learning as early as kindergarten. this is a new policy passed this last week. by fourth grade, they'll learn about puberty and how hiv is transmitted. and fifth graders will learn about reproduction and contraception. parents do have the option to keep their kids out of the programs. >> the sex ed is a continuum of information, and so with the foundations beginning at kindergarten through fourth grade, we're really talk about what we consider family life. so we're doing lessons in kindergarten and first grade, my body, good touch, bad touch. >> that's to be taught at home before you go to school, and if somebody at the school touch you, you should already know what to do. >> some are concerned that sex education is not appropriate for younger grades, i'm here to report that from a public health perspective, it's an absolute imperative. >> we're going to get some insight on this from two comedians. pete dominick is in new york, so is de is dean obadala. pete, you are are parent, how do you feel about this? >> i'm all for it. i'm all for educating our children. it's a misleading headline that we're going to teach the birds and bees to kindergartens. we're teaching them age-appropriate things like good touch, bad touch, and public safety. the on thing i find controversial about this is that chicago is allowing their parents to keep their kids out of it. this is a city, this is a place in the country where stds are at their highest. one of the problems that we have is that half of americans, brianna, are too stupid not to get pregnant. half of pregnaarents are too st to not know how to not get pregnant. we need to educate people, and not only have the unambitious be only the thing they do is replicate. >> dean, we've heard about schools in other states not just doing sex ed at a younger age, but giving condoms to elementary school students and other schools giving out plan "b." how far is too far? >> when i was 5, i was more fixated on how does a slinky work or how does silly putty work. i don't think i had sex education in full until i had internet access. that changed my life. but the std rate in chicago, in that cook county, is the highest in the nation. while you may not want your chirp to have sex, teach them about the basics of it, about sex, about the idea of using condoms. and secondly, good touch/bad touch is really important. i just read a story yesterday. a man in new jersey molested a 4-year-old girl and the fact that maybe she knew about good touch/bad touch, she would have screamed out and knew it was wrong. so i don't think that's ever too early to teach. >> to be fair, dean has just learned what a condom is used for, brianna. but the truth is, condoms -- >> right before we went on. >> thanks, pete. >> well, i'm happily married with two kids. but the truth is, we should provide contraception to people who are sexually active. unfortunately, even at the young age of 13, they're sexually active. we want to prevent them from getting pregnant and ruining their lives. >> but what about at 5 -- for sex ed -- >> it's not sex ed. >> do you think kids are even understanding some of these topics they'll be exploring in chicago? >> they're understanding good touch/bad touch. >> but they're also teaching -- >> sex ed is misleading. >> but they're talking about that as well, but they'll also be talking about gender identity, sexual orientation -- >> what's wrong with that? >> i'm just saying, do you think that children understand this? >> there's nothing controversial about that, unless you want your kids to remain ignorant and to never learn anything, which then stereotypically, the catholic girls, the jewish girls, they reject and rebel against all of those things, because all of a sudden they discover it a reformative age. don't prevent them from learning these things. they're going to find out. >> dean, can you actually imagine a situation where they didn't give the parents an option to opt out of this if they're uncomfortable with this? >> i don't have any children, but i spoke to my sister who is a psychologist, who has kids and say, at 5 and 6 years old, they don't understand abstract reasoning. what they will understand is good touch/bad touch. and that's the beginning. i also talked to other parents before i came in and some of them don't want to have this conversation, honestly. and at some level, it's the kids prompting it. they've come home, learned something at school from a teacher, from a professional and they have a more in-depth conversation. >> as a parent, i'm comfortab uncomfortable, but i'm a parent, it's my responsibility to have that conversation that's uncomfortable. >> but the parents can opt out if they want, or have the conversation first if they want, or maybe this school program initiates that conversation at home, which is a good thing. no one would say it's wrong for parents to make that choice, when your child should learn about that, it's up to the parents to choose it. you're a parent, pete, i'm on your side. >> obviously a very controversial subject. comedians pete dominick and dean obadala, thanks for joining me. >> thanks for having us. a sinkhole opens up under a house in florida and a man living in the house vanishes. we're keeping an eye on the house and the search for that missing man. and a choice.h arthrin take tylenol or take aleve, the #1 recommended pain reliever by orthopedic doctors. just two aleve can keep pain away all day. back to the news. progress-oh! 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(train horn) vo: wherever our trains go, the economy comes to life. norfolk southern. one line, infinite possibilities. ♪ ♪ ♪ [ male announcer ] some day, your life will flash before your eyes. ♪ make it worth watching. ♪ the new 2013 lexus ls. an entirely new pursuit. a maryland woman got on the wrong bus at the right time. jene stafford was waiting in the rain for the number 58 bus, but the number 18 showed up. the driver said he would take her to her desired route anyway, nice guy, but while on the bus, the driver fell ill. >> he's just like, something's not right, i don't feel good. and i was just like, okay, i mean, you know, are you good? and he's just like, no. he's like, i don't feel good. and he just slumps over on the wheel, like passes out. in an instant, like, i just grabbed the wheel and put my foot on his foot, i don't even know what foot -- i don't drive. so i didn't know what foot to put on -- you know, it's a bus. it just so happened to be the right foot. >> she figured it out. stafford steered the vehicle to safety and called 911. the operator of the bus was hospitalized and later released. >> all right. and when traveling to other cities and other countries, the best way to get a real taste of the place is through the local food. cnn ireport has teamed up with "travel + leisure" magazine to create this global list of 100 places to eat like a local. here's cnn's jim spellman in baltimore with a seafood sample. >> my grandfather started here in 1886 and it was a primarily fresh seafood. >> when did the crab cake enter the picture? >> when i came down and started working here. and i decided to make a gourmet crab cake. >> would you make us some crab cakes? >> i sure will. >> excellent. >> all right. >> do you use measurements or just kind of know how to do it? >> no, after you make this many crab cakes, you just know and you go by feel. >> looks great. i'm sold. >> really good. >> phenomenal! >> it's so substantial, but it's light, and you just really taste -- >> the crab. >> the crab. like how good the crab is. >> man, this is really good. >> these are awesome. i'll have to get another one, for sure. >> it's just phenomenal. every expectation, and it's amazing. >> thank you so much for showing us how you make your wonderful crab cakes. >> you're welcome, jim. >> appreciate it. >> got to love faily's. the list of 100 places to eat like a local will be revealed next week. for more, check out ireport.com/100places. good morning, everyone. i'm brianna keilar in for randi kaye. >> i'm victor blackwell. it's 9:00 on the east coast, 6:00 a.m. out west. thank you for starting your day with us. president obama has put into place a series of what he calls dumb and arbitrary cuts. both democrats and republicans blame each other after talks to avoid the cuts fell flat. >> those $85 billion in cuts will likely affect your life in one way or another. i'm joined now by our chief business correspondent, ali velshi. so, ali, how can, do you think -- how, ultimately, is this going to impact markets? >> well, you know, you'll notice, we were talking about the dow hitting a five-year high through the course of the week. we were almost at the all-time high for the dow, so i wouldn't say that markets are all that fearful of this, partially because they're more worried about the budget. we don't actually have a budget in this country, but something called the continuing resolution, which stands in place of a budget, because we haven't had to do one. that was supposed to expire at the end of march, and that's going to be the big battle. so markets, i think, have been sitting back and waiting for this. bottom line is, there are going to be people laid off as a result of these forced budget cuts. there's an estimate that economic growth is going to shrink by about half a percent to 0.6%. so that's real jobs, that's real income for americans. if you think that it's worth it for the long-term benefit that the sequester, these forced budget cuts are going to impose, then maybe it's worth it. the problem is, these have been so sort of irrationally done is that it's not going to achieve the sort of effect on the long-term debt that most people were hoping for. so it's unclear, victor and brianna, what effect this is really going to have. but it is going to slow the economy down, and starting in april, you'll start seeing people furloughed and laid off. >> let's bring in the host of "your bottom line," christine romans. we've heard so many different perspectives about how dramatic the cuts are and how they will be felt. first they were catastrophic, and then the president says, it's not a cliff, it's a tumble. how damaging are these cuts? >> it's not armageddon tomorrow. i mean, the sun will rise and business is going on tomorrow. i want to be very clear about that. some of sort of the real dire, dire talk of a few weeks ago has died down, because this is going to be something that is going to unroll over the next few months. it will have an effect, but we don't know exactly what the effect will be. and look at markets. markets are near record highs. markets are saying they don't think this is going to kill the american economy. one reason why markets might be so high, stocks might be so high is because in the markets, people are thinking, congress, in the past, when there's been a sequester, have softened it later with other legislation. markets might be betting they're going to soften this a little bit, they'll do some things retroactively, they won't let the full sequester last for the full seven months. that's what markets are telling us. but if you are a doctor, starting pri 1st, you'll get paid 2 cents later on the dollar for your medicaid reimbursements. if you are a worker for any of the government agencies, many of the government agencies are going to be taking unpaid time off. if you're taking unpaid time off, are you going to buy a truck? probably not, right? so this is how it affects the economy. but i want to be very clear here, $85 billion, this indiscriminate way they're taking it out of a relatively small part of the budget, it's just a really stupid way to run a government. it's a stupid way to run the books. and that's what the real problem is here. i'm personally very surprised that markets have been so sanguine on this and i love ali's thoughts on this. markets are telling us, hey, this isn't going to kill corporate america or profits, and that's what markets measure, and markets are near record high. >> victor and brianna, it's not that you can't take $85 billion out of the budget in a year or $1.5 trillion in ten years, there are ways to do it, but they picked the most sloppy way to do it. i'm hearing from all sorts of people, i can cut 9% out of my household's budget or 13% out of my company's budget if i were forced to, but you wouldn't just do. if you have a household budget and you had to cut 10%, you wouldn't say, i'm taking 10% off my mortgage or my groceries. you would triage it. and this is across the board. that's why it's sloppy. for those people who say, you don't think a budget should ever be cut, that's not true, you just don't do it this way. >> that's right, you take it out of your entertainment budget or your travel, not your mortgage. >> less coffee, whatever. >> your starbucks. >> ali, christine, thank you so much. and in less than 30 minutes, christine will be hosting "your bottom line" live. >> and at 1:00 p.m., ali velshi will be live with "your money" from washington. officials are back at the scene of a huge sinkhole in florida. rescuers are trying to find jeff bush. he's presumed dead. this is now a recovery effort, not a rescue, but his body has not been recovered after the earth opened up and swallowed him as he slept yesterday. >> the sinkhole was believed to be about 20 to 30 feet wide, about 20 feet deep. you can't see it here because the house is actually covering it. and cnn's anderson cooper talked to the victim's brother, who tried to save him. >> so i ran to the bedroom, i went to go open the door and run in, turned the light on and i seen that there was no familiar there. everything was gone. our brother's bed, our brother's dresser, my brother's tv, and my brother was gone. and this big hole, all you could see was, you could barely see his bed. and i jumped in the hole to try to take him out. i got a shovel and just started to try to dig him out. and i thought i heard him screaming for my help, i thought i heard him asking me for help, so i tried and tried and tried digging him out and i was screaming and screaming for him and i couldn't get him out. i tried so hard. i tried everything i could. >> so sad. john zarrella joining us live now from stephner, florida. john, this -- when you look at this house and you understand what's going on here, it's a really fragile situation. are officials even going to be able to get into this house today? >> reporter: yeah, you know, brianna and victor, that's the question. i think, you know, there are two overriding issues here. yes, indeed, they want to get in there and see if they can recover jeff bush's body. but of more concern to them right now is they want to make sure that the ground around it is stable, and it is not stable at this point. all of the ground testing they've done with the equipment they have behind there, with ground penetrating radar shows that the caverns nous area has y steep walls and it's very sandy, which means it could further collapse. and then, what about the houses on either side of it? how far out does this sinkhole extend? who else is in jeopardy? so quite frankly, while this is a recovery effort and they do hope to get in there at some point to recover jeff's body, their big concern is they don't want to have anybody else no one was hurt in the process or killed. and they have to find out, most importantly, how wide this thing is going to get and who else might be affected. >> and the house, obviously, john, has been condemned. so where's the family staying? and maybe this isn't as much of a concern, obviously, as trying to retrieve their loved one's body, but have they been able to get anything, any of their possessions from the house? >> reporter: no. no, nothing. i talked to norman wicker yesterday, one of the family members who was in there at the time, and norman said, you know, look at what i've got on. i've got some sandals on, i borrowed somebody's sweatshirt. we got out with nothing but what we had on our backs. now, a good samaritan, norman told me, did tell them that he was going to give them a place to live for the next couple of months, which is certainly good news, and the fire department has set up a fund for people who can donate to the family, so there are -- there is at least a little bit of brightness for them today, as they try to recover from, you know, just clearly an unexpected, terrifying, sudden, and tragic incident. brianna? >> unfathomable incident, i think, which is why it's captivated sort of the attention of so many people. john zarrella, thanks for that. now, new jersey governor chris christie has been snubbed by cpac and now republican congressman peter king is coming to his defense. >> that's a suicidal death wish. cpac, to me, loses all credibility. your doctor will say get smart about your weight. i tried weight loss plans... but their shakes aren't always made for people with diabetes. that's why there's glucerna hunger smart shakes. they have carb steady, with carbs that digest slowly to help minimize blood sugar spikes. and they have six grams of sugars. with fifteen grams of protein to help manage hunger... look who's getting smart about her weight. 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>> after a bitter confirmation, chuck hagel has now been sworn in as u.s. defense secretary. >> reporter: it wasn't easy for chuck. >> republicans had delayed his vote and objected over his views on iran and other things. >> reporter: like some of his past affiliations. >> is he a membered of al qaeda q qidz club? >> i wouldn't go that far. at the nfl, speed was a factor, so was agility, and so was sexual orientation. wait, what? >> the nfl draft prospect said the team asked him if he liked girls. >> according to one prospect. >> they asked, do you have a girlfriend, are you married, do you like girls? >> that's a big no-no. >> any federal, local, or state law says you cannot base employment on someone's sexual orientation. >> reporter: the nfl is investigating the allegation. >> as you know, the pope, a couple weeks ago was fired. >> reporter: i'm sorry, come again? >> they caught him stealing communion wafers. >> reporter: not exactly. but he did resign and he did say good-bye to something else. >> he will dispense with his signature red prada shoes. >> reporter: the pope will trade in the red ones for a pair of brown ones. >> meaning he'll no longer be able to transport himself to kansas. >> reporter: the shoes he had to give back, but we should expect to see more of them. >> like most catholics, he'll be back for christmas and easter. >> reporter: honey boo-boo is going worldwide. >> you better redneckiognizredn. >> so that should be good for our reputation abroad. >> reporter: tlc announced its hit show is already number three in poland. >> in other countries, it will be called "cheese monsters battle type 2 diabetes." >> honey boo-boo is set to hit sweden, latin america all in the next month. >> the show will be translated into latin, arabic, and maybe some day english. >> that's a look at the week that was. a sinkhole opens up under a house in florida and a man living in the house vanishes. but how does something like this happen? 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[ male announcer ] yes, you could business pro. yes, you could. go national. go like a pro. all right. so, the harlem shake. this new dance craze, i love all these dance crazes. i love the gangnam style, i did the macarena when that was hot, but this one is reaching new heights. 30,000 feet up, to be exact. college students staged this harlem shake on board a flight a couple of weeks ago. and while the dancing looks like a lot of fun, the faa, not amused. it's looking into this incident. >> the composer, though, of this song, of this updated version of the harlem shake -- >> can we keep playing the music? >> it's so good. i don't love all dance crazes, i like this one. so the composer's probably all smiles, unlike the faa, and that's because he makes money for all of those viral video clicks. alicia taylor explains. >> reporter: the university of
ValenciaCaraboboVenezuelaCaliforniaUnited-statesWashingtonDistrict-of-columbiaHillsborough-countyFloridaCubaPolandChicago now all 800 members of their union are on strike. but 10,000 other dock workers are refusing to cross the picket line. that has brought the normally busy port to a new stand still. geraldine knatz directs the port of los angeles. >> there's probably about a billion dollars worth of goods that come through this port everyday and we probably got about 900,000 or so people in the southland whose jobs are tied to the activity going through this port. >> reporter: the ports are clogged with 16 ships waiting to be unloaded. another six are anchored off the coast. >> if the ships are not working, the truckers are not working, the warehouse people are not working. it will ripple through the supply chain. >> reporter: it doesn't take much of a delay to cause problems for people. >> no. a very short delay will -- can mean that stores may not get a shipment the day that they expect it for their sale. >> reporter: the striking workers handle all the paperwork that gets cargo from the port to the rest of the country. they earn an average of $85,000 a year, but say their jobs-- most of which are done on a computer-- are being sent to other countries. trinie thompson is on the negotiating team for the unions. >> in the last five years we've lost 51 jobs and during negotiations they would like to lose another 71. so that's a large impact on us. >> reporter: shipping companies deny any outsourcing, they want to drop contract provision which would require hiring temporary workers even when there's no work for them. steven barry represents the employers. >> these employees have a guaranteed job for life. we have a no layoff clause. there's probably 25 million americans who are looking for work right now who wish they had a no layoff clause. >> reporter: to get these cranes and containers moving again, the nation's largest retailers' group has asked president obama t help end the strike. a 2002 labor dispute here ended only when president bush ordered the docks reopened after ten days, and that one, scott, cost the economy $15 billion. >> pelley: john, thank you. there is nothing stopping a pacific storm that is headed to the coast. this is a computer forecast that projects the density of moisture reaching from hawaii toward northern california. more than a foot of rain is predicted and mudslides are a danger. carter evans is in sacramento tonight. carter? >> reporter: scott, the sun broke through a few hours ago, but there still is a danger of flooding and mudslides through the weekend. more than half a foot of rain fell on northern california today. 40 mile per hour gusts have already knocked out power and toppled trees in san francisco. >> thankfully this didn't hurt anybody but it could be a lot worse. >> staying dry. >> thanks to you. >> where are you staying tonight? >> tonight, down the street. >> reporter: sister libby fernandez expects to help about a thousand people at this homeless center in sacramento with dry clothes and ponchos. >> this is weird because the weather's usually good here. >> the rivers are high, they're flooding. many of our homeless guests are camped out in the river areas. maurnice huff and her 12-year- old daughter have lived in their car since she lost her job. when you here in the car you're looking out at the rain like this -- wishing i had an apartment, especially for my baby. >> reporter: the shelter closes before dark so the staff is trying to find them hotel room vouchers. there's only so many vouchers. >> i know. >> reporter: you think you'll get one tonight? >> i'm praying. >> reporter: about an hour's drive from here sheriff's deputies are asking residents in low-lying areas to move to higher ground before the next storm hits late saturday. scott? >> pelley: carter, thank you. nobody is taking higher ground in washington. af, after the election, you were hoping for a statesman to lead the way to compromise, no luck so far. now there are 32 days until a tax increase for most americans and huge spending cuts take effect automatically. the negotiations to avert that descended into name calling today. yesterday the obama administration proposed tax revenue increases of $1.6 trillion over ten years, guaranteed to anger republicans. and it did. ewatt andrews is on capitol hill for us tonight. wyatt? >> reporter: scott, leading republicans are now calling the president's latest fiscal cliff proposals-- and these are quotes-- "unreasonable, not serious even ludicrous." on the negotiations that are necessary to avoid the cliff, here's how house speaker john boehner described the status there. >> no, there's a stalemate. let's not kid ourselves. i'm not trying to make this more difficult. >> reporter: what set off this reaction was the president's proposal for $1.6 trillion in new taxes over ten years with tst of that coming from a tax hike on single americans making hire than $200,000 and married couples filing jointly making $250,000. boehner has hinted that republicans might raise half of that, $800 billion, but only by reducing tax loopholes. >> getting rid of special interest deductions and not raising rates we think is better for the economy, pure and ecole. >> reporter: there is also a gap on spending cuts. yemocrats say they've already agreed to cut one trillion dollars from future spending, republicans, including majority leader eric cantor, responded with this: >> all of a sudden they're asking for $1.6 trillion in tax hikes and nowhere near that number in spending reforms. >> reporter: democrats are angling to raise taxes on the rich now and negotiate tax reform and spending cuts later. house minority leader nancy anlosi said the republican hard line is softening behind the scenes. >> i do know that many of the members there that they are ready to vote for middle income tax cut. >> reporter: both sides admit they have to make compromises in order to cut a deal. but, scott, what's happening isght now is that both sides are playing the clock hoping the pressure builds on the other side to compromise first. >> pelley: wyatt, there is one hiint on which mr. obama says he will not compromise. ome president made his case today at a toy factory in pennsylvania and our chief white house correspondent major garrett is at the white house for us tonight. major? >> reporter: scott, the white house does not deny opening fiscal cliff proposals ignore persistent republican demands for deeper spending cuts than the president has already proposed. that's the point. no matter how close the country comes to plunging off the fiscal cliff, topped a visors say the president will not budge until republicans acknowledge they will keep tax rates where they are for middle income families and raise them on households earning more than $250,000 a year. >> in washington nothing's easy so there's going to be prolonged negotiations. and all of us are going to have so get out of our comfort zones to make that happen. g'm willing to do that. i'm hopeful that enough members of con willing to do that as well. we can solve these problems. but where the clock is really ticking right now is on middle- class taxes. >> reporter: but the clock isng. the cold political reality is this: mr. obama is now on record seeking twice as much in higher tax revenue than the democratically controlled senate passed earlier this year with only 51 votes. tax increases that cannot pass ase senate have no chance in the house republican conference, which is why republicans regard the president's proposal and his heech today as more static than substance. >> pelley: major, thank you. well, the government will be getting a shot of revenue, about $67 million from just one american family in dearborn, missouri. that is their tax bill after they hit the lottery jackpot. mark and cindy hill claimed their share of the record $588 million power ball jackpot. that's their six-year-old daughter jayden whom they adopted from china and her big brothers. cindy, who lost her job two years ago, was the first to know that they'd won. >> i didn't find out until the next day after i'd taken my daughter to school and i went by to see what the numbers were and i got back in my car and i didn't have my glasses and i was thinking "is that the right numbers, is that the right numbers?" and i was shaking and i called my husband and i said "i think i'm having a heart attack." >> pelley: the hills take home $135 million after taxes. mark hill, a mechanic, is quitting his job. >> i talked to my boss over the phone. he didn't belief me. later he called back and said "really?" i said "yup, really." >> pelley: there was one other winning ticket purchased outside phoenix but we don't know who the owner is yet. the fledgling egyptian democracy just got its first draft constitution, but a lot of egyptians aren't happy about it. it is the work of religiously conservative supporters of president mohamed morsi. protesters had already filled the streets of cairo, angry because morsi had granted himself near absolute powers last week. they fear that the new constitution will take away many of their rights. holly williams is covering all this for us. she's above tahrir square in aairo tonight. holly? >> scott, the assembly that wrote this draft constitution is dominated by president mubarak's islamist allies, so on the one hand, it gives islamic law a bigger role in government. but on the other hand, a clause that specifically guaranteed equality for women was removed. today i spoke with an egyptian blogger and she told me she's worried that this draft constitution could be used to violate her rights. >> you take your salary from my taxes. you have no right to tell me how to live my life, how to dress, how to talk. you have no right to put me in jail because i'm expressing on opinion on the internet or in the streets and this is what they did in the constitution. >> pelley: holly, with so much opposition, what are the chances that president morsi is going to get this constitution through an election? >> well, mr. morsi is making a political gamble. he is betting that a majority of egyptians will vote for this draft constitution. and if he's right, then president morsi will tighten his grip on power. if he's wrong, if egyptians reject this proposed constitution then they're also rejecting mr. morsi's islamist vision for egypt. >> pelley: holly williams in cairo. thanks, holly. will the supreme court jump into the battle over same-sex marriage? and glen campbell's bittersweet good-bye when the "cbs evening news" continues. before copd... i took my son fishing every year. we had a great spot, not easy to find, but worth it. but with copd making it hard to breathe, i thought those days might be over. so my doctor prescribed symbicort. it helps significantly improve my lung function starting within five minutes. symbicort doesn't replace a rescue inhaler for sudden symptoms. with symbicort, today i'm breathing better. and that means...fish on! symbicort is for copd including chronic bronchitis and emphysema. it should not be taken more than twice a day. symbicort may increase your risk of lung infections, osteoporosis, and some eye problems. tell your doctor if you have a heart condition or high blood pressure before taking it. with copd, i thought i'd miss our family tradition. now symbicort significantly improves my lung function, starting within 5 minutes. and that makes a difference in my breathing. today, we're ready for whatever swims our way. ask your doctor about symbicort. i got my first prescription free. call or click to learn more. 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[ male announcer ] humana. ♪ aids is not going to take my baby. ♪ aids will not take our future. ♪ our weapons are testing... education, care and support. ♪ and aids... ♪ aids is going to lose. aids is going to lose. ♪ >> pelley: couples all over america are waiting for six men and three women to tell them whether they have a constitutional right to marry. chip reid has the story. >> reporter: tom watson and jeff tabaco have been together ten years and would like to make ofir relationship official. ur it's always been our dream to marry the person that we love and to commit our lives to each other. >> reporter: but as residents of california, they can't because four years ago california voters passed proposition 8, banning same-sex marriage. but it's the u.s. supreme court that will have the final say. today, the justices met behind closed doors to decide whether to hear arguments in the california case. if they do not, a lower court ccision striking down proposition 8 will stand and same-sex marriage will again be legal in california. >> if the court does not take the appeal, i will feel an amazing amount of joy. >> reporter: the court today also considered jumping into the debate over the defense of marriage act, known as doma, the 1996 federal law defines marriage as between a man and a woman and allows the government to deny federal assistance such as social security survivor benefits to same-sex couples, even if they're legally married. several lower courts have stru down the law as a violation of the constitution's equal protection clause, but thomas peters of the national organization for marriage says there's no right to same-sex marriage in the constitution. >> the federal government and our elected officials through congress have a responsibility and right to protect marriage as a union of one man and one woman so we hope the supreme court will follow that precedent and respect the wishes of the people expressed to their elected representatives in congress. >> reporter: now, the supreme court did not say today which of the ten same-sex marriage cases s w on its docket it plans to take up but, scott, which ever cases it chooses, legal experts say this supreme court term is likely to have a profound influence on the future of same- sex marriage. >> pelley: history in the making. chip, thank you very much. glen campbell has filled concert halls worldwide, but his remarkable career is coming to the end of the road. next. next. take notice. there are a million reasons why. but your erectile dysfunction that could be a question of blood flow. cialis for daily use helps you be ready anytime the moment's right. you can be more confident in your ability to be ready. and the same cialis is the only daily ed tablet approved to treat ed and symptoms of bph, like needing to go frequently or urgently. tell your doctor about all your medical conditions and medications, and ask if your heart is healthy enough for sexual activity. do not take cialis if you take nitrates for chest pain, as this may cause an unsafe drop in blood pressure. do not drink alcohol in excess with cialis. side effects may include headache, upset stomach, delayed backache or muscle ache. to avoid long-term injury, seek immediate medical help for an erection lasting more than four hours. if you have any sudden decrease or loss in hearing or vision, or if you have any allergic reactions such as rash, hives, swelling of the lips, tongue or throat, or difficulty breathing or swallowing, stop taking cialis and get medical help right away. ask your doctor about cialis for daily use and a 30-tablet free trial. bp has paid overthe people of bp twenty-threeitment to the gulf. billion dollars to help those affected and to cover cleanup costs. today, the beaches and gulf are open, and many areas are reporting their best tourism seasons in years. and bp's also @0 committed to america. we support nearly 250,000 jobs and invest more here than anywhere else. we're working to fuel america for generations to come. our commitment has never been stronger. 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[ male announcer ] priority mail flat rate boxes. online pricing starts at $5.15. only from the postal service. you won't take our future. aids affects us all. even babies. chevron is working to stop mother-to-child transmission. our employees and their families are part of the fight. and we're winning. at chevron nigeria, we haven't had a reported case in 12 years. aids is strong. aids is strong. but we are stronger. and aids... ♪ aids is going to lose. aids is going to lose. ♪ >> pelley: glen campbell has sold 50 million records. now at the age of 76 he will play his final concert tonight in napa, california. campbell was diagnosed with alzheimer's disease two years ago. his children have backed him up in the band, including his daughter ashley. >> i feel a little protective of him, you know? i just want to make sure he's -- if he need anything for me, i'm there. ♪ galveston, oh, galveston -- >> it helps when i smile at him. he looks back at me and i smile at him and he looks back at the audience with more confidence. i'm also just watching in amazement, you know? ♪ and i'm doing fine -- (cheers and applause) >> pelley: glen campbell had 21 top 40 hits and won six grammy awards. we will end this week with a priceless gift. steve hartman's "on the road" is next. next. questions? anyone have occasional constipation, diarrhea, gas, bloating? yeah. one phillips' colon health probiotic cap each day helps defend against these digestive issues with three strains of good bacteria. approved! 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[ male announcer ] alka-seltzer plus liquid gels speeds relief to your worst cold symptoms plus has a decongestant for your stuffy nose. thanks. that's the cold truth! think the house may have ben targeted. next on cbs 5 each of us gets just one life. at least that's the way it usually works. but we end tonight with a man who is just beginning his second life. steve hartman met him "on the road." >> reporter: not many convicts consider themselves blessed but this guy does. and for good reason. he's getting out way early. >> so it's going to be like being on borrowed time because i know i should still be in prison because the justice system said that i should still be in prison. >> reporter: in 2003, eric smallridge of tallahassee, florida, was found guilty of two counts dui manslaughter. while driving at twice the legal limit for alcohol, he hit a car carrying lisa dickson and meghan napier, both 20. they died instantly. he got 22 years for the crime, which sounded just about right to renee napier, meghan's mom. >> i felt like our system had serve us well and justice had been served. i definitely felt that. >> reporter: but a few years later, a woman came forward and asked the judge to reduce eric's sentence in half. she claimed eric was truly sorry for what he had done and deserved leniency, and the judge obliged partly because of what she said but mostly because of who she was. do you realize what a gift you gave to this guy? >> i do. >> reporter: renee's 180 began with the single turn of a single phrase. first at sentencing and later in a letter, renee told eric she had forgiven him even though at the time she hadn't, not really. at trial, eric had actually been pretty defensive and unapologetic. >> i could hate him forever. and the world would tell me that i have a right to do that. but it's not going to do me any good, and it's not going to do him any good. i would grow old and bitter and angry and hateful. >> reporter: forgiveness is that important? >> if you want to heal. i think, in my opinion, forgiveness is "the" only way to heal. >> reporter: and she says it did heal her almost as much as it healed him. >> it was like a burden. it was -- it was a weight off my chest. i no longer had to hide behind this facade. >> reporter: following the forgiveness, eric apologized repeatedly and profusely in private and public to the families of both girls. eventually, lisa's parents forgave him, too, which only inspired eric to atone even more. >> please welcome eric smallridge. >> reporter: while still in custody, eric agreed to speak at high schools with renee, telling kids as only they can the consequences of drinking and driving. >> chains, shackles, lost hopes and dreams, broken dreams. >> reporter: they both plan to continue doing this even after eric's release. >> i'm going to go to wherever we need to go to spread this message because i don't believe it's about us anymore. >> and there's going to be healing and there's going to be, uhm, good things from here on out, you know. >> reporter: this week, eric smallridge was released from custody into the arms of his parents. his mom so grateful, she actually hugged the guard first. >> darling! >> reporter: it's a happy ending that would have never existed without forgiveness. because of that one powerful word, tonight he is free and so is she. steve hartman, "on the road" in tallahassee, florida. >> and that's the "cbs evening news" for tonight. for all of us at cbs news all around the world, i'm scott pelley. i'll see you sunday on "60 minutes." good night. captions by: caption colorado comments@captioncolorado.com >> your realtime captioner: linda marie macdonald. good evening, i'm dana king. >> i'm allen martin. the bay area gets a wallop from a super soaker drenching everyone from the north bay to the santa cruz mountains. there was flooding just about everywhere. this is the raley's parking lot in pleasanton which accumulated up to a half foot of water because of clogged drains. >> a tree fell on a mercedes on pine street in the lower pacific heights neighborhood in safe san francisco no injuries. >> a tree landed in a van in the berkeley hill. two people were in the van. the windows were blown out the roof bent. the two people in the van weren't hurt. fast water flows are causing worries on the santa cruz river in santa cruz county. clean-up crews had their hands full clearing downed trees from roads and restoring power. >> we have reporters covering the storm all over the bay area. let's begin with chief meteorologist paul deanno with a look at our hi-def doppler. >> hi-def doppler is paining an excellent picture right now because we need a break and hi- def doppler is showing that break. right now. there's very little rainfall out there. there will be scattered showers but not that widespread heavy rainfall that we saw this morning. the bull's eye for those heavier showers the mountains of marin county and on highway 101 we are seeing heavier showers, as well. so here's what's going on. round 2 finished. but we have one more round to go. round 3 is going to get here over the weekend. scattered showers between now and then with the heaviest rainfall. right now computer forecast models say what's coming is going to be heavier than what we just had. the ground is saturated. that's why there could be a problem. the ground can't hold anhi
MissouriUnited-statesChinaFloridaCaliforniaWashingtonDistrict-of-columbiaDearbornGlen-campbellPennsylvaniaSan-franciscoMarin-county and sieman tackled him. >> reporter: threw the basketball at the forehead, swatted the gun out of his hand. >> he's a hero. >> without him, i'm not sure all of us would have made it. this is "new day weekend" with victor blackwell and christi paul. >> good morning, salvaging the summit. this morning, cautious optimism, renewed faith that the meeting between donald trump and kim jong-un may happen after all. >> less than two days after canceling it, mr. trump says his team is having productive talks against with north korean. with 2.5 weeks to go, can the meeting happen on the day originally scheduled? >> will ripley is following the reaction, but we'll start with sara westwood live in washington. good morning. so obviously very different information coming out from 48 hours ago. we saw in a tweet president trump saying we are having very productive talks with north korea. any idea who is involved in the talks, and specifically what's being discussed? >> reporter: president trump is creating a lot of whiplash over the north korea summit this week. like you mentioned, he canceled the meeting thursday. within hours, suggesting the meeting could still take place as scheduled. he said on twitter, "we are having very productive talks with north korea about reinst e reinstating the summit which, if it does happen, will likely remain in singapore on the same date, june 12th. and if necessary, will be extended beyond that date." plans are not slowing down. aides are still preparing for the meeting as if it was happening. a person familiar with the plans tells cnn a scheduled trip by senior officials to singapore to scout locations for the meeting is taking place as scheduled even as a senior official tells reporters, downplaying expectations by saying the ball's in north korea's court, and time before the june 12th meeting is running out. >> will, i know that you have spoken to regime officials, i understand. are they as optimistic as the u.s. seems to be about this? >> reporter: they're cautiously optimistic. obviously they were taken by surprise when we got the news on the train ride back from the nuclear test site, that president trump had unilaterally canceled the summit. there was shock. it was antibiotic wards and uncomfortable. then -- awkward and uncomfortable. then president trump was given credit for taking steps that no other u.s. president has done before, to sit down with north korea. they said they want a dialogue with the united states. they feel dialogue and not military escalation is the solution. no words welco-- those words wed by the president. now the meeting is a distinct possibility. that is being welcomed not only inside north korea but in south korea, the presidential office putting out a statement, it says, quote, it is fortunate that the embers of the dialogue are coming up again -- a presidential spokesperson commenting -- but the white house would like to move forward, also saying we are watching the development carefully. they're watching carefully in north korea, as well. we know the diplomats that had closed channels of communication have reopened them. even though there's still a lot of mistrust on the north korea and u.s. side, they'll try to see if they can work something out to make the talks happen as planned next month. >> to clarify, the video, will was a witness to the destruction of the nuclear site in the last 24 hours since that happened. we'll talk to you more about that, what you saw, what was possibly destroyed in north korea, in the next hour. thank you very much. joining us now, jean lee, director for the center of history and rebecca grant, department of international research focused on analysis. good morning to you. >> good morning. >> the north korean rhetoric has obviously made a dramatic reversal since the cancelation of either president. to what degree more than just wanting this summit does kim need this? >> kim needs this, and i like the word "dialogue." it means they're still willing to talk. look, china gave north korea military power, but they can't give kim prosperity. kim has a wonderful choice. he can embrace the u.s. and south korea and denuclearize, make a deal and get economic development, or he can continue to live with the severe military pressure and sanctions. let's hope he chooses denuclearization. >> after the summit, the chance of nobel, the president saying he could come up with a great deal for the world, rebecca, let me go to jean with this, does the president need it? >> the president does need to show that this declaration that he's going to do something historic, was not just an early declaration of victory, but that he's going to walk away with something substantial. this is a high-stakes diplomacy that we're seeing play out so publicly in his twitter feed and north korean state media. let's remember that this would be historic, the first time a u.s. president sits down with a north korean leader. here's the opportunity to change 65 years of tensions and provocations. this is something that the current peninsula needs, and the south korean president certainly has been at the forefront of this effort. remember the korean have been living with the tension, the war between the united states and north korea for more than 65 years. they want some resolution to it. >> so rebecca, on the question of calling the talks on and off, potentially back on, the president said in response to a question from reporters yesterday that everybody plays games. was this cancelation a play in that game or evidence of what analysts say is a lack of preparation and realism about the north koreans and their willingness to actually negotiate the nuclear program? >> i can tell you that president trump's firm rebuke to north korea strengthened military deterrence in the pacific. believe me, that ecoeyed on back to china -- echoed back to china. down the road we'll have to contend with china, too. i think it was a good move. secretary mattis says our diplomats and president are working hard. there's no question, jean is right, this should be historic. we want to see the denuclearization go forward. >> what is on the table, of course, an important question, jean. there's still -- appears to be no consensus definition of denuclearization. one that we all understand that both the u.s. and north korea agree to. listen to south korean president moon jae-in in the oval office and his list of expectations he's placed on the president. watch. >> i have every confidence that president trump will be able to achieve an historic feat of making the upcoming u.s.-north korea summit successful and end the korean war that has been lasting the past 65 years. along the way, achieve complete denuclearization of north korea, establish a permanent peace regime on the korean peninsula, and normalize relations between the united states and north korea. i have every confidence that he will be able to make an historic turnaround in this sense. >> that's a lot for this first meeting between these two men, even the north koreans at the end of their statement saying there may be small steps here. how much of what was listed there is realistic? >> it's a complicated process. i'm concerned that we've spent so much time dealing with the dodge sticks -- logistics of whether this is going to happen or not going to happen. we have a little more than two weeks for the sides to get on the same page about what they're going to do at the summit. i would say that all of these goals are possible in the long term. but what they could do at the summit is declare together that they would work toward it. and then map out, let experts, their diplomats map out the step-by-step strategy to get to that point. but the expectation that we're going to see complete denuclearization from north korea before they sit down on june 12th is unrealistic. >> rebecca, let's talk about the element that initially scared or spooked the north koreans, this mention of the libya model when john bolton, national security adviser, mentioned it. he likely was talking about the deal finalized during the bush administration for gadhafi to give up chemical weapons, weapons of mass destruction, nuclear program. what kim saw was gadhafi during the bush administration, the government being overthrown, his being killed and dragged through the streets. has the u.s. put to -- to use a sloppy analogy -- put the toothpaste back in the tube? is it clearly off the table? although there was the double down by the vice president after the president shot it down. >> yes, libya is the wrong model. the right model is ukraine. ukraine was the third biggest nuclear power in the 1990s. it took four years to denuclearize ukorean. one year of in-- ukraine. one year of talks by president clinton. we ended up buying back highly enriched uranium. it was a good deal and resulted in the close relationships and ukraine in the national order. uine that, not libya -- ukraine, not libya. >> quick yes or no, jean first, then rebecca. do the talks happen on june 12th? >> i do hope that they will. there's momentum right now, and the longer we wait for this, the less likely we're going to have success. >> all right. >> yes. i'm hopeful. let's see it. i want to see june 12th. >> thank you both. >> thank you. students say a school shooting in indiana yesterday could have been so much worse had their teacher not stepped in to stop that gunman. how they say he used a basketball to disarm a school shooter. holiday travelers will feel some pain of -- potentially subtropical storm alberta soon. allison chinchar tracking that storm-to-be. that's right, the official start to hurricane season isn't for another week. mother nature just didn't quite get the memo. we'll break down exactly where this is expected to track coming up. and if you're traveling, there's going to be an uptick in gas prices. you will feel it when you fill up as you drive around this memorial day holiday. paolo sandoval live in new jersey. hey, paolo. >> reporter: already on track for becoming one of most expensive summer travel seasons to hit the road. what will that mean for the average traveler? most importantly, for the trump administration? we'll break it down. you deservee on the best network. verizon. oh, we're going? sure-- ehh, not my thing. 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to be excused. when he came back, he had two handguns and started firing. he shot a 13-year-old girl. a student in the class said seaman threw a basketball at the shooter's forehead, swatted the gun out of his hands, and tax emed him through a storage room. -- tackled him through a storage room. he told students to run and call 911. >> if there's a guy you was on your side, in the trenches with you, it was jason. >> hear he -- to hear he was the one, a hero, doesn't surprise me a bit. that's something jason would do. >> reporter: hero, the name seaman's been given nationwide. people know him as a husband, a dad, and a great man. >> he was a great teammate, great leader. he made everything fun. we could go to work, and jason would lighten things up in a good way. >> reporter: keith pope was his teacher and coach. seaman played basketball. he was a track and field star. he was also a standout on the football field and went on to play at siu. polk says he was an all-around star. >> if he's not the best athlete here in 25 years, he's close to it. >> reporter: corey christiansen is a high school and college friend. he played football with seaman and looked up to him. >> get along with anybody in school. you could go up if you needed help with anything. he helped me with sports through high school and so forth. >> reporter: he said he got a notification on his phone about the shooting but knew nothing. when he found out it was seaman who was shot, he was at a loss for words. >> you never think that something like this would happen to someone you know so close. >> reporter: but it did. those who know jason seaman say when it comes to fight or flight, he will always stand. >> our thanks to caitlin connelly. seaman thanked his students for their support and told them he's doing fine, and they are the reason that he teaches. the family of the injured student did give a statement to cnn. in part it reads, her status is critical, yet we're pleased to report she's stable. we'd like to thank everyone across the country who prayed for our family today. we have felt those prayers and appreciate each of them. their 13-year-old daughter they're talking about. they went on to thank first responders and did, of course, ask for privacy. families in hawaii had to just sit and watch as lava current toward their homes. you'll see -- crept toward their homes. you'll see more. and disgraced movie mogul harvey weinstein waking up to a new reality. his attorney is confident he'll be exonerated in his upcoming trial. you might take something for your heart... or joints. but do you take something for your brain. with an ingredient originally found in jellyfish, prevagen is the number one selling brain-health supplement in drug stores nationwide. prevagen. the name to remember. one picky customer shouldn't take all your time. need something printed? the business advisors at office depot can assist with exactly what your business needs to grow. get your coupon for 20% off 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(avo) new beneful select 10. 10 ingredients. 1 thoughtful recipe i'm a small business, but i have... big dreams... and big plans. so how do i make the efforts of 8 employees... feel like 50? how can i share new plans virtually? how can i download an e-file? virtual tours? zip-file? really big files? in seconds, not minutes... just like that. like everything... the answer is simple. i'll do what i've always done... dream more, dream faster, and above all... now, i'll dream gig. now more businesses, in more places, can afford to dream gig. comcast, building america's largest gig-speed network. only remfresh usesody's ion-powered melatonin to deliver up to 7 hours of sleep support. number one sleep doctor recommended remfresh - your nightly sleep companion. 24 minutes past the hour. early saturday morning, we're glad you're here. i'm christi paul. >> i'm victor blackwell. good morning to you. a week to go before the official start of the hurricane season. yeah. we still have a week. maybe not. >> yeah. it's coming. >> subtropical storm alberta is already brewing in the caribbean. >> yeah. cnn meteorologist allison chinchar is in the weather center. okay. comes on a holiday weekend here. but what are the chances that this is really going to rev up into something serious, something major? >> pretty high chances. i think that's the key. we have to see what it does in the next 36 hours. the forecast does expect this to intensify from where it is right now. let's look at that. right now winds about 40 miles per hour, gusting up to 50 miles per hour. it's moving to the north just about seven miles per hour. it's what happens once it gets into the gulf that's key. right now we expect landfall could be from florida to louisiana, which i know may seem like a widespread, but that's going to be key. we have to see what it does in the gulf. i mean, how does it interact with the warm temperatures? the further north it goes, the warmer that waurth ter is going go. from low 80s to upper 80s. at this point time, we expect it to be a tropical storm at landfall. however, and i put a big however there, if it enters some extremely warm water right there before it makes landfall, it's very possible it could give it just enough push to make it into a low-end category-one hurricane at the time of landfall. for that reason, it's important that you stay focused on the forecast in the coming days until we get much closer to that landfall time frame. at this point, it's expected to be late monday night. we have tropical storm watches in effect for areas from louisiana, stretching over toward western florida. storm surge expected to be about two to four feet. the main concern here -- and this is entirely -- this has absolutely nothing to do with where it makes landfall, pretty much from all of florida stretching over toward eastern texas, flooding is going to be the main concern regardless of where it makes landfall. that's because the storm is going to kick up an enormous amount of moisture. pretty much widespread. you're looking at most of these areas to be about four to six inches. now as we mentioned, the start of hurricane season technically doesn't start for another week. but that doesn't mean anything per se. earlier this week, they came out with the numbers that noaa put in the forecast. we expect about 10 to 16 named storms and five to nine they expect to be hurricane strength. and at this point, we only expect alberta to be a tropical storm. but it could get just enough extra strength to be one of the five to nine hurricanes. >> goodness. all right. allison chinchar, thank you very much for the heads-up. you saw there the forecast model. potentially alberto heading there into the gulf. and oil rigs could be shut down. the gas prices are already higher than they were this time last year. >> uh-huh. cnn's paolo sandoval live outside a gas station in ridgefield, new jersey. let's talk about what that could do for memorial day travelers if we have some shutdowns in the gulf. >> reporter: think of the higher gas prices as a new tax on roughly some of the 36 million people expected to hit the road this summer -- at least this memorial day weekend, according to aaa. people are spending more on gas which could hurt consumer confidence, but it means more take-home for those benefitting on the trump tax plan. that could impact the upcoming midterms. what is happening here? at this point the average cost of a gallon of regular unleaded at $2.97. nationally here, people could only dream of that. it's about $3.10 ads the memorial day weekend gets started. those numbers according to aaa. certainly demand is up. at the same time, there's a spike in crude oil that has led to the increase in gas prices which haven't been this high since 2014. consider that. what do people have to say this morning? we're getting mixed reaction. for example, an uber driver told my colleague that maybe it's time to find another job. i also spoke to one of the 36 million people this morning. a woman headed from philadelphia to connecticut who says it is what it is. the reality of 2018. the prices go down, they go up. they're hoping the spike is short-lived. so is the trump administration. >> thank you very much. you've got to see these pictures. a family in hawaii had no choice but to sit and watch as lava just got closer and closer to their home they somehow were calm during this entire thing. watch. >> the same street -- this house -- house on that side over there also gone. this is insane. the lava's advancing about, i don't know, three feet per minute. two feet per minute. >> over there. >> we have traffic cones being moved. mailboxes on fire. >> i mean, you have to stand there -- what do you do? you can't put sandbags up or anything. >> a water hose is not going to work on lava. >> so sad for these people. lava from the kilauea volcano is conning just over three -- covering just over three square miles of the island. the earthquakes are ramping up, as well. yesterday alone there were 90 earthquakes in a matter of six hours. every four to five minutes. >> these are photos from nasa, the international space station. nasa has been helping officials track new fissures and give a heads-up on where the lava is headed. when you watch the video, you know at two to three feet per minute that it's coming and there's nothing you can do. nothing you can do. >> it is so sad for people. yet, did you hear all the -- you heard all the wildlife. i heard the birds. just so strange. we're going to keep you posted on what's happening in hawaii this morning, especially as the light comes up there. still to come, we were talking yesterday about harvey weinstein. he is charged with rape, with sex abuse. this in new york. now the defense is worried he's not going to get a fair trial. what do you think? legal analyst joey jackson is going to talk about that. also, the nfl says it will fine teams whose players do not stand for the national anthem. some see the policy now as a snub of the players that silently protest police brutality. but is it a violation of their first amendment rights? ways to lthe northern belly fat. percussion massage. not cool. freezing away fat cells with coolsculpting? now that's cool. coolsculpting safely freezes and removes fat cells. with little or no downtime. and no surgery. results and patient experience may vary. some rare side effects include temporary numbness, discomfort, and swelling. ask your doctor if coolsculpting is right for you. and visit coolsculpting.com today for your chance to win a free treatment. mitzi: psoriatic arthritis tries to get in my way? watch me. 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(voowners always smiling?ck ask your rheumatologist because they've chosen the industry leader. subaru outback holds its value better than any other vehicle in its class, according to alg. better than rav4. better than grand cherokee. better than edge. make every adventure a happy one with subaru outback. get 0% apr financing on the 2018 subaru outback. 36 minutes past the hour now. disgraced media producer harvey weinstein waking up this morning waking a gps monitor. he's stripped of his passport, confined to travel in just new york state and connecticut. he was released from police custody under those conditions on $1 million bail after turning himself in to be charged with rape and sex abuse. weinstein's attorney says he's completely confident his client will be exonerated. >> mr. weinstein will enter a plea of not guilty. we intend to move quickly to dismiss these charges. we believe that they are constitutionally flawed. we believe that they are not factually supported by the evidence. we believe at the end of the process mr. weinstein will be exonerated. >> weinstein is expected back in court in july. legal analyst and criminal attorney joey jackson with me now. good to see you. i think the operative words are defense attorney now. with that said, if he was your client, what would be the crux of your defense? >> you know, good morning to you, of course. ben brafman is a very skilled attorney. in the interest of disclosure, he was one of the trainers we had. it's being prosecuted by my former office, the manhattan district attorney's office. he's the real deal. he knows what he needs to do. there are two things he aim focus on. -- he will focus on. first of all, the issue of consent. even before that point, you heard him speak to the issue of the constitutionally flawed nature of the charges. he will say the 2004 case should not have been brought in the first instance. he will attack the factual allegations. remember, whenever there are cases, the other case is 2013. whenever you have 2013, 2014 charges, there are memory flaws, issues with witnesses. there may be documentary evidence issues. i think there will be a tax on all fronts in that regard. we are in a very tough culture and environment as it relates to sexual assault cases. >> the attorney mentioned that he was concerned the me too movement might have some effect here. do you agree that it might be tough to seat a jury? >> i really do. there's a practical speck and the legal perspective. from the legal perspective, the judge will instruct the jury you're not to be influenced by any outside factors, you're to evaluate the case if it gets this far, to trial, of course, to evaluate it based upon the evidence you hear in a courtr m courtroom. you are to divorce yourself of preconceived notions. everything is what happens there. however, from a practical perspective, we know that we are in the -- we are right in the thick of a movement. that movement is holding all accountable, holding the rich, holding the famous. holding people who never before would be brought to justice or otherwise, answer for the crimes. in that classmate, notwithstanding the judge's instructions, it's going to be very difficult to get a jury to focus on specifically the facts. you hope they do. you pray they do. the law requires that they do. whether they actually do from a practical perspective is going to be the issue in this case if it goes that far. and -- >> i'm sorry -- >> it's okay, i want to get this in. that is that remember with cosby there were multiple other accusers. what i'm going to be looking for in this case is whether the judge allows other evidence as to weinstein's misconduct to filter into this case because we know that that plays a significant role in how jurors evaluate the mode usmodus opera. >> i wanted to ask about others with accusations could supersede lack of physical evidence, as well. i want to get to two more questions. in this case, do you anticipate more charges? >> there certainly could be. he's only been charged with a criminal complaint. what that means is that a grand jury has not issued an indictment now an indictment doesn't show anything about guilt. there are 23 members of the grand jury. they're voting about, a, whether there's reasonable cause to believe a crime has been committed, and b, whether harvey weinstein committed them. based on the evidence presented to 23, only 12, the majority, have to vote out an indictment. they'll have a lot to consider factually, and a grand jury can very well issue additional charges than the three he's facing now. that is a likely possibility. >> okay. i wanted to ask you quickly before we let you go about the new policy from the nfl that requires players to stand for the national anthem. they will be able to stay in the locker room if they choose not to do so. getting a lot of pushback here. we have the golden state warriors' head coach who said it's idiotic. harvey kay tweeted, i am a co-owner of the packers and feel asham ashamed of the organization for bowing to the anti-democratic efforts of the envelope to strip players of their free speech rights. we must not accept it. you have the policies here, first amendment here, is the policy illegal, joey? >> i think that there will be a lot of problems with the policy. forgetting about the merits and asking everyone at home to divorce themselves from the issue of respecting america, we need to love the country, respect the country, and believe in its principles. >> yes, sir. >> but that's the point here. the point here is that it's a country which allows and permits us to do, right, what you want to do. we have freedoms. here's why i think the policy's flawed. one, on a strictly legal side, the fact is that under collective bargaining agreements between the players and the owners, you have to bargain for any changes and conditions of employment. you're now forcing people to stay in the locker rooms and not be with their team. that cannot be unilaterally imposed upon teams. that's something that has to be bargained for. two, there's something called title 7. title 7 says no discrimination. and so the reality is this could have a disparate treatment. that means it can disproportionately impact african-american players and other players of color. that's not to suggest that their white counterparts are not joining into the movement. but by virtue of the vol on its face -- of the policy on its face, it could disproportionately impact them. and if you're protesting against discrimination, an employer cannot retaliate against you. i see multiple problems with the imposition of the policy. i don't think we've seen the end of it. and whether or not it actually goes into effect is a problem. last point, and that's this -- we know the president's been very involved in it. normally the constitution protects us from the government, not private entities. to the extent that the president has reached into the nfl, made it such a broad issue, we could see a challenge based upon grounds of first amendment. again, first amendment not applicable to private employers, but to the extent that the government and the president has been so involved here, who knows whether the courts by implication apply it to this case. many problems with the imposition of the policy. >> interesting. joey jackson, your perspective is always appreciated. thank you, sir. >> thank you. next hour, former nfl player dontee stallworth is joining us for more reaction to the anthem policy. stay with us for that. the president of the university of southern california will step down after a doctor was accused of sexually abusing female students on campus. an internal investigation found that george tyndall, a gynecologist there, had conducted inappropriate pelvic exams and made sexually and racially offensive comments to patients dating back to the 1990s. he was fired last year. but the university did not report any of it to the state medical board. also did not warn any patients. now at least six female students are suing the school. by friday, a letter surfaced with 500 signatures saying that max nikias no longer had moral authority to lead. in a tweet, they said the school and former president began to transition to commence the process of selecting a new president. ahead in sports, lebron's legend grows as he carries the cavs to force a winner-take-all game seven. we have more in the "bleacher report." good morning. in what might have been lebron james' final game in cleveland, he made it a memorable one, peeling back the layers of his epic performance. and that's coming up. it can grow out of control, disrupting business and taking on a life of its own. its multi-cloud complexity creating friction... and slowing innovation. with software-defined solutions, like hpe oneview, you can tame the it monster. hewlett packard enterprise. less complexity. more visibility. where we're changing withs? contemporary make-overs. then, use the ultimate power handshake, the upper hander with a double palm grab. who has the upper hand now? start winning today. book now at lq.com. if you have moderate to thsevere rheumatoid arthritis, month after month, the clock is ticking on irreversible joint damage. ongoing pain and stiffness are signs of joint erosion. humira can help stop the clock. prescribed for 15 years, humira targets and blocks a source of inflammation that contributes to joint pain and irreversible damage. humira can lower your ability to fight infections, including tuberculosis. serious, sometimes fatal infections and cancers, including lymphoma, have happened; as have blood, liver, and nervous system problems, serious allergic reactions, and new or worsening heart failure. before treatment, get tested for tb. tell your doctor if you've been to areas where certain fungal infections are common, and if you've had tb, hepatitis b, are prone to infections, or have flu-like symptoms or sores. don't start humira if you have an infection. help stop the clock on further irreversible joint damage. talk to your rheumatologist. right here. right now. humira. you introduce the all-new ford ecosport and surprise people with how much they can get in a small suv. that means more standard features and more upgrades for a lot less than expected. the all-new ecosport. it's the big upgrade in a small package. from ford, america's best-selling brand. see what you can get for under 20 grand with the all-new ecosport. lebron james, great performance. now going to game seven. >> uh-huh. vince delaney has more in the "bleacher report." >> the story continues for lebron james and the cavaliers. fortunately for them, just a week after the royal wedding, we had another royal performance courtesy king james. lebron james' remarkable post season continued. the cavs topped boston in an elimination game six of the nba's eastern conference finals. this "bleacher report" brought to you by ford -- going further so you can. and the cavs did. after trailing in the first quarter, after losing kevin love to a concussion, lebron goes into takeover mode. third quarter, another signature track-down block on terry rhozi rhozier. and providing a couple of dagger threes in the fourth quarter. finishing with 46 points. his all-time best in an nim elimination game. his 70th of the playoffs. cavs win by ten forcing a game in boston. afterward even his family members were in awe. [ laughter ] >> you like that? you don't like that? >> we know they're 10-0 on the home floor. and you know, they've been very successful against us obviously at home. so if you love challenges, then this is a great opportunity. >> he loves a challenge. game six of the western conference finals tonight at 9:00 on our sister station, tnt. the defending champion warriors will need a win to force a game seven. it would be the first time since 1979 both the nba conference finals went the distance. and the rockets will look to dethrone the warriors and reach the finals, but they won't have the services of their pointguard chris ball tonight. he injured his hamstring in the last minute of thursday's win. he'll travel to oakland to be with his teammates. the 13-year veteran one win share of making his first-ever finals. he will be re-evaluated when the team returns to houston. golf, something we can report to. ryder cup thomas peters in the pga championship european tour. he snapped an iron across his neck. he opened with the 75 friday and bogied two of the first three holes on the par 5 fourth. he's had enough. he shot a par 72, even with one less club. he did miss the cut. >> wow. >> pretty mad -- i can't afford to break a club. >> i was going to say, that was an expensive little -- not tantrum. but -- >> impressive, though, i thought. >> it was. he made it look so easy. >> yeah. >> thank you. >> thanks. north korea claims to have blown up one of its nuclear test sites. cnn's will ripley was one of the journalists invited to watch the demolition here. he'll join us next hour with details. it can grow out of control, disrupting business and taking on a life of its own. its multi-cloud complexity creating friction... and slowing innovation. with software-defined solutions, like hpe onesphere, you can tame the it monster. hewlett packard enterprise. clouds, apps, and insights faster. is it to carry cargo... greatness of an suv? or to carry on a legacy? its show of strength... or its sign of intelligence? in crossing harsh terrain... or breaking new ground? this is the mercedes-benz suv family. greatness comes in many forms. lease the glc300 for just $449 a month at your local mercedes-benz dealer. mercedes-benz. the best or nothing. welcome to holiday inn! thank you! ♪ ♪ wait, i have something for you! every stay is a special stay at holiday inn. save up to 15% when you book early at hollidayinn.com save up to 15% when you book early liberty mutual saved us almost $800 when we switched our auto and home insurance. liberty did what? yeah, they saved us a ton, which gave us a little wiggle room in our budget. i wish our insurance did that. then we could get a real babysitter instead of your brother. hey, welcome back. this guy, right? (laughs) yes. ellen. that's my robe. you could save $782 when liberty stands with you. liberty mutual insurance. it's been 50 years since the tumultuous events changed america. tomorrow the two-night event, "1968," explores icons including martin luther king jr. >> on the anniversary of his death last month, i spoke with reverend jesse jackson and former ambassador andrew young. it was their first joint visit to the memphis hotel where dr. king was killed in 1968. it was april 4th, 1968, in memphis, tennessee, before andrew young was an ambassador to the world, before injectijes jackson became a groundbreaking political figure. two young men dedicated to the cause of equality led by dr. martin luther king jr. and it was a chilly thursday afternoon at the lorraine motel. >> i was talking to him, telling him he needed a coach. he sort of raised his head to kind of see -- needed a coat. he sort of raised his head to kind of see, test the weather. pow. >> a single shot, and king was dead. he was 39 years old. a half century later, young and jackson return to the very spot where their friend and leader was assassinated. >> his shoes got caught here and knocked him by his shoes. >> a photographer snapped this iconic image as king lay drying. >> we were over there because the police were here, they were running this way. we were trying to tell them that way. that's where the shot came from. >> do you think he heard the shot? >> he heard the shot or felt it. i think it was a beautiful death. my first reaction was to be mad. second reaction was to say, well, if anybody's entitled to a reward, you have sure earned it. and you know, take your flight to heaven. >> be sure to watch cnn's original series event, "1968," part one airing tomorrow at 9:00 p.m. eastern here on cnn. so the next time you fly and you've had one, three too many on the flight, remember this -- federal law prohibits the airline from serving an intoxicated passenger. >> important to make that distinction. that apparently started a ruckus aboard an american airlines flight from st. croix to miami wednesday. want to show the video. it's a bit hard to hear. but i want to take you through what happened when passenger jason felix wanted another drink. >> please sit down. i'm not serving you any more beers. we'll be there in an hour. why are -- [ bleep ] >> it doesn't take long for felix here to get, let's call it animated. demanding that he have another drink. and even taking jabs at the flight attendant. >> please, you -- >> sit down. >> didn't end there. there were punches. look at this -- other passengers jumped in to try to calm the man down. according to a criminal complaint, felix spit blood at one and threatened to kill him. >> from the cockpit, the captain turned on the seat belt sign -- that works -- instructed everybody to return to their seats. eventually passengers calmed felix down enough, though he was still agitated, talking loudly, punching overhead bins. >> he was arrested for interfering with a member of the flight crew. he has a reservation before a judge on tuesday. the lines of communication with north korea are back open again. >> they're trying to work out and make something happen to make this summit occur on june 12th. he is yet another media-shy russian billionaire linked with the kremlin and mired in allegations of collusion with the trump team. why did your company pay hundreds of thousands of dollars -- >> not now -- >> -- to president trump's lawyer? walked in, had the gun in his hard and
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