Notes. What we found was an arsenal of smoke guns. Reporter Deputy Attorney steven bright is representing foster. The notes were shocking in terms of just how explicit the racial factor was. Reporter the names of the potential africanamerican jurors were highlighted, and in this list of possible jurors titled definite nos, the top five people were black. In the Supreme Court monday georgias Deputy Attorney general argued prosecutors had valid reason for excluding africanamerican jurors in the 1987 trial, and it flagged the black prospective jurors to make sure they were following new Supreme Court guidelines handed down in a landmark 1986 case to prevent Racial Discrimination in jury selection. But a majority of the justices appeared skeptical. Liberal Justice Elena kagan said the case seemed as clear a violation as the court is ever going to see of the courts 1986 guidelines. Conservative Justice Samuel alito, a former u. S. Attorney, also seems troubled, asking what about the giving a reason for dismissing one juror that she was close in age to the defendant . She was in her 30s. He was 18 or 19. Now today some 30 years later antideath penalty groups say that Racial Discrimination in jury selection may be less obvious but it still persists. Scott, the course in this case is unlikely to address those bigger concerns. Jan crawford at the Supreme Court tonight. Jan, thank you. We have been searching at the broadcast for solutions to gun violence in our series voices against violence. Recently we brought you the view of a gun rights advocate, larry pratt of gun owners of america. Tonight another perspective and another voice. My name is kai kloepler. Im an 18yearold innovator from boulder, colorado and i spent the last three years of my life developing a smart gun that only works for the owner. The smart gun works by identifying the users fingerprint before the firearm is able to fire. This means that when a child finds an unsecured firearm in the house and picks up picks it up and starts to play with it it doesnt turn into a lifealtering accident. It all started for me with the aurora theater shooting. Living in boulder, colorado the fear in aurora where that shooting occurred is only 45 minutes away from my house and was something that deeply impacted not only me but the Colorado Community as a whole. The Smart Gun Technology that ive developed is very secure. The fingerprints are stored on the firearm and encrypted using militarygrade technology. The next main step for me is to take that technology and move it to an actual metal live firearm. Throughout the course of my research into accidental shootings and deaths in the United States, i learned that every 30 minutes in the United States on average a child dies or is injured by a firearm. A Technology Like this can legitimately save thousands of lives every single year in the United States. And im in a position to make that possible. The view of kai klopler. Still ahead on the broadcast, it was one of the craziest endings in football. How the refs blew it. How Fred Thompson helped bring down law and order on a president who broke the law. And what happened after t [cough, cough] mike . Janet . Cough if you can hear me. Dont even think about it. I took mucinex dm for my phlegmy cough. Yeah. But what about mike . He has that dry scratchy thing going on. Guess what . It works on his cough too. Cough guess what . It works on his cough too. What . Stop dont pull me spoiler alert she doesnt make it only mucinex dm relieves both wet and dry coughs for 12 hours with two medicines in one pill. Start the relief. Ditch the misery. Lets end this. Weraxe daily fragrances. His, but what you wouldnt have seen is this, axe dry spray antiperspirant. Why are you touching your armpit . I was just checking to see if its dry. Dont, thats weird. The first ever dry spray antiperspirant from axe. Video replays were supposed to end bad calls by referees. Mark strassmann reports that did not happen when duke played miami saturday night. Lets go to the video. Reporter youre watching a robbery in progress. Miami had received the lastminute kickoff trailing duke by three points. Time expired as hurricanes players lateraled the ball eight times. Eight. For the winning score. A final play for the ages. Can you believe what just saw . Reporter but the refs blew it. Referee the play is still under review. Reporter they huddled with a replay official for nine minutes. Its a legal play. Touchdown. Game is over. Reporter miamis miracle was a mirage. Hurricane player mark walton lateraled the ball with his knee touching the ground just a few feet away from an official. Duke coach david cutcliffe. I thought the guy was down and i said pictures will prove me right. Reporter look closer. Knee down, play over, game over. The Atlantic Coast conference, or acc, agreed. The last play of the game was not handled appropriately. It also ruled the now suspended officials had missed four calls on that play alone. So duke wins, right . Wrong. Dan wolken covers sports for usa today. There is currently no mechanism in the ncaa rulebook to overturn the result of a game in this circumstance. Once everyone leaves the field and the officials declare the game over, its over. Reporter which is why duke fans will always see this stadium as the scene of the crime. Mark strassmann, cbs news, atlanta. The vw emissions scandal expands to a legendary brand. Thats next. The 2014 vw touareg, the 2015 porsche cayenne, and 2016 audi quattro. The fraudulent software reduces emissions when the cars are tested but allows emissions to grow to nine times the legal limit when no one is looking. Theres a full list of the models at cbsnews. Com. An assault on an uber driver in orange county, california was captured on video and Mireya Villarreal is following this. Reporter this is what happened during uber driver edward cabans last ride on friday night. He had just asked this apparently drunk passenger to get out of his car. It was terrifying. I just got blows to the side of my head. And im fumbling with the pepper spray. [ bleep ]. You [ bleep ]. [ bleep ]. Reporter passenger benjamin golden, a Marketing Executive for taco bell, was arrested by Costa Mesa Police and charged with assault and disorderly conduct. Taco bell fired him tonight, saying it offered and encouraged him to seek professional help. Caban picked the 32yearold passenger up from a bar. From the beginning he says the man was belligerent and refused to give him a dropoff address. I dont feel like he would have stopped if i didnt spray him. The way he kaz coming at me. I was afraid he was going to start strangling me. Get out of my car. Get out of my car or i will call the police. Reporter it appears gold zen about to leave. Let me tell you something, you little [ bleep ]. Reporter when riders sign up for uber they agree to a code of conduct. Uber also has a ratings system for riders designed to keep drivers safe. I definitely dont plan on driving for uber anymore. You know, im looking for a job right now. Reporter uber would not tell us how many other drivers have faced similar incidents. They would also not share anything on their safety procedures. But scott, we did find out benjamin golden has been banned for life. Mireya villarreal in los angeles. Mireya, thank you. Remembering Fred Thompson, next. , Fred Thompson died yesterday of cancer. The lawyer turned actor, politician, and tv pitch man was 73, and nancy cordes remembers. Implicated attorney parkins. Reporter the year was 1973. Thompson was 30 and serving as chief counsel to republicans on the Senate Watergate committee. He was the first to reveal in a televised hearing the existence of secret white house tapes. Are you aware of any devices that were installed in the executive Office Building office of the president . Yes, sir. Reporter thompson, a loyal republican, later said he had assumed the tapes would prove that president nixon did nothing wrong. Instead the tapes documented crimes and coverups and led to nixons resignation. I shall resign the presidency effective at noon tomorrow. Reporter thompsons transition to acting was accidental. He was asked to play himself in a 1985 movie about a Corruption Case he won in tennessee. It turned out he was a natural. Things are liable to get a little dicey around here. Reporter but thompson missed Public Service and ran for the senate in 1994, representing tennessee for nine years. In 2007 he set his sights even higher. Im running for president of the United States. All right there you have it. Reporter he was seen initially as the man to beat. But voters noticed he seemed ambivalent. Even thompson joked about it with us on the trail. Are you sure you have the fire in the belly to do this . I have the fire in the belly. All right. Reporter he dropped out early and may have been miscast for that role. When under attack circle the wagons. Reporter but will be remembered for so many others. Nancy cordes, cbs news, washington. And thats the overnight news for this tuesday. For some of you the news continues. For others check back with us just a little bit later for the morning news and of course cbs this morning. From the Broadcast Center in new york city, im scott pelley. Announcer this is the cbs overnight news. Welcome to the overnight news. Im jericka duncan. Former Florida Governor jeb bush is shaking up his campaign again, trying to claw his way out of the pack for the gop president ial nomination. He unveiled a new campaign slogan, jeb can fix it. Well, bush needs to fix it quick. The latest cbs News New York times poll shows him stuck at just 7 , trailing ben carson, donald trump, and marco rubio. Bush has already cut the salaries of Campaign Staff and says starting today hell be spending more time in the early voting states of iowa, New Hampshire, and south carolina. The republican debates havent been kind to bush. Both he and most of the other gop president ial hopefuls are now demanding changes to the debate format. Major garrett reports. Reporter good morning. The rnc pushed aside its lead debate negotiator and gave the job to its current chief operating officer and former top attorney. After the cnbc debate gop president ial campaigns wanted a pound of flesh. Now they have it. That and leverage to change future debates. Almost all republican president ial campaigns sent advisers to the session. They emerged united in driving a harder bargain with the tv broadcasters. Barry bennett with ben carsons Campaign Said the Republican National committee will not call the shots. The rnc has sanctioned eight more debates. What were asking is asking those sanctioned broadcast partners to give us some information so we can talk with them and decide what the format is. Reporter the campaigns will push for guaranteed opening and closing statements and commitments to distribute questions more evenly. Ben ginsberg, a longtime rnc legal adviser. Now its time to make a course correction. 15 still leaves you with a 1. 1 reporter candidates like carson say they want constraints on debate moderators. We should have moderators who are interested in disseminating the information about the candidates as opposed to, you know, gotcha. You did this. And defend yourself on that. Reporter as for defending, jeb bush after three mediocre debates has had to do plenty of it. Im a grinder. I mean, when i see that im not doing something well, then i reset and i get better. Reporter bush tried unsuccessfully to get the better of ally turned rival marco rubio by attack dozens of senate votes missed while campaigning. A topic bush wont let go. I think hes given up. And i think thats the wrong thing to do. Reporter back to the debates. The Campaign Said there simply isnt enough time to incorporate all the desired changes into the november 10th debate on the fox business channel. There will, however, be longer there will be time for longer answers, norah. 90 seconds instead of 60. The debate format hasnt hurt marco rubios campaign. In fact, it is helping him surge. A poll of likely republican primary voters in New Hampshire shows rubio at 13 , up from just 4 in september. Donald trump remains in the lead with 26 , and ben carson has 16 . Rubio discussed his campaign with John Dickerson of face the nation. In 2008 republicans running, talking about the democrats that were running, there were some senators running, barack obama, hillary clinton. Constantly i heard republicans say, theyve never run as much as a lemonade stand, they dont have executive experience, they havent met a payroll, they havent governed. Why doesnt that apply to you now as a candidate well, first of all, the presidencys not a bookkeeping job. It isnt some glorified accounting job. Its the leader of the United States both of its people sxft nation and the government. The job of a president is to craft a vision for americas future, to put the right people in the right position and hold them accountable for carrying out your agenda, but also to rally the country behind big causes. Entitlement reform is a huge undertaking. It will never happen without president ial leadership. Not to Mention National security. The role of commander in chief is the most important job of a president. In the context of barack obama he has now been president for seven years, he has significant executive experience and hes still make mistakes in my opinion so, its clear that the issue with him is not that he didnt have executive experience. Its that his ideas did not work. And thats why i think its important to elect someone to the presidency with the right ideas, ideas that allow the private sector to succeed because thats where you get job creation and economic prosperity, but also someone that understands the risks in the world today and what americas role in the world needs to be. But i guess when and this is obviously something your opponents are bringing up. Jeb bush has said in a fundraising appeal, he says you have no credible experience beyond governing. I guess the question is have you been in a position where youve had to make tough calls, where there are real consequences, and where do you get that strength from . If you were to make the presidency where youd be in those kind of decisions all day long. It is true that the presidencys not like being a u. S. Senator. But its also not like being a governor. There is no office in the world like the United States presidency. What i have shown over the last five years especially is judgment, good judgment, and understanding of the major issues before america, particularly on Foreign Policy. I do not believe theres anyone else in this race that has shown better judgment on the issues before America Today than i have and a better understanding of them, especially on the Foreign Policy realm, which is at the end of the day the most important obligation of a president. President s dont run the economy. What you do is promote policies that allow the private sector to succeed. The Bush Campaign called you the republican obama. Is that an insult or a compliment . Well, i dont think they mean it as a compliment. I certainly wouldnt take it as that. Look, campaigns are going say whatever they think gives them an advantage, and obviously someone has convinced jeb that attacking me is going to help his campaign. It wont change the way we run our campaign. Were going to continue to give people a serious candidacy thats optimistic but also realistic about americas futureb our challenges, about the direction our country needs to go. Thats what im going to focus on. As for the democratic president ial debates, cbs news will be hosting the next one in des moines, iowa. Thats november 14th at 9 00 p. M. Eastern. Both washington and hollywood are mourning the death of Fred Thompson, the politician turned actor died sunday from a reoccurrence of lymphoma. He was 73. Charlie rose has his story. State Workers Compensation systems are based on decades of experience and careful deliberation. Reporter Fred Thompson spend much of his life in commanding roles, in both washington you call me harry one more time youll be busting counterfeiters in alaska. Reporter and hollywood. Born in alabama, he became an assistant u. S. Attorney in tennessee and gained National Attention in the 1970s as chief republican counsel for the Senate Watergate committee. Are you aware of any devices that were installed in the executive Office Building office of the president . Yes, sir. Reporter after serving as a successful lobbyist for several years, thompson made the move to the big screen. Pack them and rack them. Move. Reporter playing government officials and authority figures. Senior captains dont start something this dangerous without having thought the matter through. Reporter in 1994 he was elected to the senate and served eight years. Whos your trial judge . Reporter in 2002 he became a District Attorney but this time for televisions hit show law order. You know, one day this chairs goin