california teacher charged with lewd acts against children, goes to court a half hour from now. mark berendt bound and gagged some of the children and took photos. some show cockroaches on the kids faces and mouths, really awful. others showing girls with plastic spoons held to their mouths. police believed they were filled with semen. for the first time a catholic church goes on trial in a priest sex abuse case. jury selection is happening in philadelphia. the monsignor supervised priests charged with raping and assaulting boys. he is charged with covering up the abuse. he is the highest ranking member of the catholic diocese ever to face criminal prosecution in a priest sex abuse case. the arizona sheriff accused of threatening to deport his former boyfriend says the allegations against him are part of a political ploy. babeu resigned from a leadership post in the romney campaign. in an interview with wolf blitzer he should be judged on his record of service, not sexuality. >> this is outrageous this is brought out because i'm a conservative republican and now they think that somehow there is hipcracy because i'm gay. i never worn it on my sleep. i don't define myself i don't think we in america we're different in america, we celebrate our differences and we see it as a strength, the beauty of the country. >> well, is is it wrong to consider race when accepting students? one former high school graduate says yes and is taking her case to the supreme court. this fall the court will decide whether state mandated affirmative action admission policies violate the rights of white applicants. the school defends the policy saying race is one of many factors considered to create a diverse campus. no let-up in the violence in syria despite pleas from aid workers, trying to persuade both sides to stop fighting long enough to get food and medical supplies to families who are stuck in the most devastate neighbor hoods in homs. religious leaders and volunteers have been a life line smuggling in supplies. the process is elaborate and dangerous. >> reporter: evidence any an operation like this one, bringing in basic supplies residents so desperately need has to happen undercover of darkness. have to be as fast as possible. this protest erupted in afghanistan after word spread religious materials were being burned. decemb it's seen as an unforgivable affront. the commander of the security force in afghanistan was quick to apologize. he said disposing of the material in that manner was a mistake. it's official, greece getting $173 billion bail out, financial ministers from the 17 countries that use the euro approved the deal to help greece avoid default next month. it's the second european bail out. the first, $146 billion, that came back in 2010. mitt romney again in his political mojo back according to the polls showing him trailing rick santorum by 10 points but romney is on the campaign trail in michigan at this hour. newt gingrich addressing the oklahoma state legislature saying president is incapable of defending the united states. president obama is trying to build momentum of the payroll tax cut. he's calling on law marks to keep up the spirit of cooperation, pass more bipartisan measures, we'll bring that to you live. he will be joined by people who tweeted about the tax cut, what it means for them, what does it mean? it's worth more than $80 a month for somebody who is making $50,000 a year. it's a big hour for money, right now don't go anywhere. we're waiting for president obama to talk about payroll taxes, all eyes are on the dow which could cross 13,000 for the first time in four years. christine romans joins us from new york. what do we think is happening, what is pushing up the dow? >> reporter: the dow is 30 stocks, suzanne, they are companies like alcoa, american express, 3m, ge, making money, recovering from the financial crisis and the ensuing recession and doing so well that the stocks associated with them and the dow 30 is doing the best it has done in four years. so that is what is doing it. also this greece bail out package helping seal the deal, finally investors can look at that, uncertainty taken away for now out of the market, so the dow very close, 8, 9 points away from 13 the s&p 500 is 500 stocks, a better reflection of what is probably in your 401 k, has been doing well also. so stocks have slowly but surely been recovering, and doing kind of nicely. i want to show you a chart of the dow jones industrial average where it has come since 2008. the dow the highest level since june of 2008. i have a blue sphere at 2008. the economy and stock market was crashing when the president took office. since then it's up 66%. this becomes part of the political story a little bit because companies are doing better, that is reflected in how the dow is doing, doesn't mean they are hiring gank busters but doing better. also, another part of the economic number that the president can't really ignore as well is gas prices are also up, and up big. they're up 94%, believe it or not, over the past three years. so while the stock market is doing better, gas prices when the president took office were 1.84, today, 3.57 expected to move up, more than 90%. two-speed story here in this economy. the things we feel every day like gas prices are not going in our direction, the things that companies feel or that people with money invested are feeling those are doing better. an interesting contradiction or side-by-side interesting numbers. >> that is what voters have to figure out. the balance between what works for them, are they better off under the obama administration? we'll watch the number closely, bet we bring you back. >> i'm here. >> thank you, christine. here is a run down of some of the stories we're covering. dr. sanjay gupta is going in depth why the battle against drug and alcohol addiction is just so hard. outrage from veteran groups after a veteran calls a suicide help line, ends up with weapons charges. a taxpayers footing the bill for school teachers plastic surgery. >> they would come in for like hair removal on their lips, face. >> do they come in for lipo suction? >> yes. >> breast enhancement? >> yes, they do. >> face live? >> yes. rhinoplasty? >> yes. >> so it's busy. blip t 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 new glucerna hunger smart shakes. they have carb steady, with carbs that digest slowly to help minimize blood sugar spikes. and they have 6 grams of sugars. with 15 grams of protein to help manage hunger... look who's getting smart about her weight. 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[ shapiro ] we created legalzoom to help people start their business and launch their dreams. go to legalzoom today and make your business dream a reality. at legalzoom.com, we put the law on your side. caused whitney houston's sudden death until the coroner's reports come back. her battle with drug addiction may or may not have played a role. what we do know is that for more than 23 million americans, fighting addiction, quitting is not just a matter of will power. there is new research found substance abuse causes lasting changes in the brain function that bring more cravings. we go in depth with dr. sanjay gupta. sanjay, good to see you. >> good to see you. >> this news is difficult to take sometimes because you look at it and you see -- we know people who have addictions, whether it's cigarettes, alcohol, bad behavior. >> sure, yeah. >> does the brain change, is there something that is inside the brain that looks different in an addict than someone not? >> i think reliably yes. the question a lot of people are are asking which came first, do you have the brain that is more vulnerable to the changes or does the exposure to the substances change the brain? not entirely sure but to your point, the idea this is a brain disease i think is pretty well documented. everyone has an anticipation, desire or craving. what happens after that is different. if you look at i think we have an animation, someone who takes substances you see they feel good, what you see being released is dopamine, a feel-good hormone, giving you a sense of euphoria. the image of a brain in someone not an addict and someone who is. on the left those bright areas, that is the brightness that stays bright. you continue to feel good. in an addict it goes away quickly. what is the response, suzanne? you take more of the substance. if you had the euphoria, you want it back, you keep taking it over and over again, that is a simplistic way of addiction, but you can measure it in the brain, not just anecdotal is significant development. >> are these changes inside the brain permanent? >> well, great question. the answer seeps to be that for the most part the idea of the memory of addiction is permanent. so for example someone goes back to normal response to pleasurable things, it's possible. if a cigarette smoker, smoked for a while, stops smoking ten years if they pick up a cigarette and start smoking again it's the memory of that addiction comes back quickly, much more likely to quickly become addicted to it. whereas you, if you never smoked and started smoking would take a long time for you to develop an addiction, that vulnerable brain, that brain that remembers the addiction, that stays and that is why they say don't fall off the wagon, one an addict, always an addict because of the idea the brain can quickly revert back. >> that memory. >> yeah. >> what about the relapse, is that similar to chronic diseases? >> i think it is similar. the fact they are used in the same sentence, addiction and chronic disease is an important point it is a chronic disease, we have a graphic showing how much of -- how similar they are on the left versus a lot of other chronic diseases including heart disease, diabetes, asthma, all those have a certain expose yourself to bad foods with heart disease. allergens or exposures with asthma. same thing with addiction. you have a relapse because of that. the idea this is a brain disease, not just a lack of will power, i think most people agree on this. what they don't agree on is how best to treat it but the origins, the ideolgy is backing well established. >> sanjay, thank you so much. >> tomorrow we'll continue the in depth on addiction talk to former anchor roy hobs about his public battle with drug addiction how he overcame after hitting rock bottom. that is tomorrow on cnn at 12:30 eastern. now to a suicidal veterans call for help that could have him in prison for 40 years. so here's what happened. sean called a veterans affair suicide hotline last june, told the counselor he was on the virginia tech campus about to kill himself. he had made a homemade gun and made it with a steel pipe. once he was taken to a psychiatric hope and treated he felt better. but that didn't last. he was soon charged with making and possessing a gun, which could lead to 40 years in prison. i want to bring in our legal contributor paul callen, that generated among our team. why would that be the case that you would have a u.s. attorney pursuing charges against this guy who was at the point of suicide? >> well, i'll try to explain it from the u.s. attorney's point of view and i don't necessarily agree with his decision here, but the law basically says if you possess a weapon, a gun, a homemade gun, this might be viewed as a type of moment made bomb, that is clearly a crime under u.s. law and this veteran happened to go to the campus of virginia tech of course a place that has had a horrible amount of gun-related violence. when he makes the phone call to the suicide hotline, he tells them he's armed, he's at virginia tech, and obviously, the police swoop in and place him under arrest. so on the face of it it looks like a case you would want to prosecute. however, prosecutors have discretion. this prosecutor could have said this is a veteran with a mental problem, he doesn't deserve to go to prison for 40 years. for some reason the prosecutor hasn't taken that course and i think that is what is unusual about this. >> paul, clearly, he made the crude homemade weapon to hurt himself and calls for help and the concern is others like himself seeking help are mnot going to do that because they are afraid they will get in trouble. do you think the law enforcement pursuit of this guy sends a wrong message? >> i think it sends a terrible message because we have a lot of vets who have serious problems i'm told statistically, there are 18 veteran suicides a year and we certainly want to do everything possible to get them psychiatric help, particularly when they are in danger of hurting themselves. many of them have guns, they are familiar with weapons, trained by the u.s. military, so i think we have to find a way to protect them and frankly, i think we need prosecutors who will look at cases on a case-by-case basis and say you know, something, this is not a terrorist, this is not someone trying to hurt people at virginia tech, someone in need of help and decline to prosecute. called prosecutorial discretion and why we hope prosecutors will exercise that discretion. now there may be more to this, suzanne, than we know about. a lot of times i know in criminal cases the prosecutor knows something that the public doesn't, so i think you have to keep an open mind for a little bit until we hear more from the prosecutors but boy i'm with the vet on this fact pattern. >> just to be clear here, for the law, if you're in trouble and make a desperate call you're in danger of overdosing or you want to shoot yourself, does the law protect you in any way from being charged even if you have illegal substances or something that is going on? is there somewhere in the law that allows to you make that kind of phone call without being afraid of being prosecuted? >> no, you have to have a fear of being prosecuted. your call to the help line is protected in the sense that they can't reveal that you're suicidal, they can't reveal it from a health standpoint, but if you call a suicide hot loin and said i have a bomb, i have a gun, i have illegal drugs, that can be turned over to law enforcement and as a matter of fact, if you say i have a gun and i'm going to kill myself they are required to call the police because you might use the gun on yourself and somebody else, and frankly we've seen a lot of cases where suicidal individuals have killed other people. there is not immunity and there is not complete protection on the suicide hot lines. >> paul callan thank you so much. >> nice being with you, suzanne. >> nice to see you. there are perks to being a teacher in buffalo, new york. plastic surgery on the taxpayers dime. everything from lipo, nose jobs, we have that story up ahead. while a body in motion tends to stay in motion. staying active can actually ease arthritis symptoms. but if you have arthritis, staying active can be difficult. prescription celebrex can help relieve arthritis pain so your body can stay in motion. because just one 200mg celebrex a day can provide 24 hour relief for many with arthritis pain and inflammation. plus, in clinical studies, celebrex is proven to improve daily physical function so moving is easier. and celebrex is not a narcotic. when it comes to relieving your arthritis pain, you and your doctor need to balance the benefits with the risks. all prescription nsaids, like celebrex, ibuprofen, naproxen, and meloxicam have the same cardiovascular warning. they all may increase the chance of heart attack or stroke, which can lead to death. this chance increases if you have heart disease or risk factors such as high blood pressure or when nsaids are taken for long periods. nsaids, including celebrex, increase the chance of serious skin or allergic reactions or stomach and intestine problems, such as bleeding and ulcers, which can occur without warning and may cause death. patients also taking aspirin and the elderly are at increased risk for stomach bleeding and ulcers. do not take celebrex if you've had an asthma attack, hives, or other allergies to aspirin, nsaids or sulfonamides. get help right away if you have swelling of the face or throat, or trouble breathing. tell your doctor your medical history and find an arthritis treatment for you. visit celebrex.com and ask your doctor about celebrex. for a body in motion. if you're like me and many others you're keeping a close eye on the dow now. looking at it we're like about less than two points away from that benchmark it would be historic four years, it would hit 13,000 which could mean pretty good news for jobs and for folks paying very close attention to that. we will see if it breaks that number, what it means for the state of our economy and for the state of investors as well as your pocketbook. keeping a close eye on the dow, almost at 13,000, when we had the breaking number, we'll give that to you, bring it to you live. we also are following another story, free plastic surgery for teachers. it sounds bizarre, right? but it's not if you live in buffalo, new york, for the last 40 years teacher there's have been getting hollywood star treatment on the taxpayers dime. last year the district spent $6 million talking facelifts, breast implants, you name it. there are $42 million in debt. gary tuckman has the story. >> reporter: this buffalo plastic surgeon has happy patients. >> let's suppose that i was a woman who weighed over 300 pounds, and i lost maybe 150 or 160 pounds. >>. >> reporter: that happened to valerie. it's not the results that make her happy, the sweet deal she gets. the sweet deal that all the 3400 teachers in buffalo are eligible to get. under one of their insurance plan options, they are billed nothing for any plastic surgery procedure such as botox, liposuction, tummy tucks, no dedud deductib deductible. linda teaches second grade and gets regular treatments. >> i wouldn't want to see it taken away. >> reporter: this doctor has been a plastic surgeon in buffalo 40 years. >> i feel the teachers have paid their dues and i think it would be wrong to take it away from them. >> reporter: he does have plenty of non-teacher patients, he does say three out of ten are buffalo teachers. the school district insurance covers every single penny. >> they will come in for like hair removal, on their lips, face. >> also come in for liposuction? >> yechl. >> breast enhansment? >> yes, they do. >> faceliftd. >> yes. >> rhinoplasty? >> yes. >> he advertises in the teacher union news letter. buffalo schools spent $5.9 million in plastic surgery, also known as cosmetic rider. buffalo teachers have had the rider nearly decades. >> i have been unable to another district that has cosmetic riders. >> you think school district must be flush with cash. the president of the buffalo board of education says he is projecting a $42 million deficit next year. >> if you had t