do when he found a live rattlesnake while searching a car for drugs. so body cam video shows the officer opening a bin in the backseat. that's when the angry snake starts hissing and rattling at him. >> wow, i honestly never thought i would see that. >> i'm glad it didn't bite me. hey, it's a funny story now. >> okay, apparently the car owner was also shocked to see the snake. he says he let his friend borrow his car and hi did not know it was in the backseat. all right, there is a lot more to that story. know who your friends are. cbs evening news with norah o'donnell is next. we're back here in 30 minutes with more news at 7:00. thanks for joining us. >> norah: tonight, the jury has questions about the testimony of two witnesses in the donald trump trial. what it could mean for the former president. >> mother teresa could not beat these charges.

>> norah: what we are learning from day one of jury deliberations. >> how do you feel about the jury? >> norah: the "cbs evening news" starts now. ♪ ♪ donald trump just leaving the courthouse after spending five hours waiting for the jury to decide his fate. good evening. i'm norah o'donnell, and thank you for being with us. day one of deliberations is done, and there is still no verdict, but the jury did send two notes to the judge. the first was a request to rehear key testimony from two central players in this case, former "national enquirer" publisher david pecker and trump's former fixer michael cohen. they specifically want to hear what boh men said about a trump tower meeting where pecker says they came to an agreement with "trump himself" about a scheme to kill negative stories about him, among other pieces of testimony. they also, the jury, wants to rehear those instructions from the judge. those are the only clues that we

have about what is happening inside the deliberation room, as the jury weighs a historic decision: whether or not to convict the former president. cbs's robert costa was inside the courthouse, and he will start us off tonight. >> reporter: donald trump's fate is now in the hands of 12 new yorkers. >> mother teresa could not beat these charges. >> reporter: the decision is up to the jury of seven men and five women. among them, two lawyers, a teacher, and a banker, sequestered in a jury room just feet from the courtroom. no cell phones allowed, but they have access to a laptop containing all the evidence. what's it like being inside the jury room? >> it's a pretty extraordinary experience because you have people from all walks of life, all kinds of different, diverse backgrounds, who are now charged with making this very important decision. they are also, quite frankly, very aware that the world is watching them. >> reporter: the jurors were given strict instructions by judge juan merchan, to set aside any opinions and bias in

reaching their verdict. he laid out each of the 34 counts trump faces and pointed to documents related to the payments to stormy daniels. 11 invoices from michael cohen, 11 checks, nine of them signed by trump, and 12 entries in the trump organization's ledger. the prosecutors say those were reimbursement for hush money. trump's lawyers say they were legal expenses. if convicted, judge merchan could sentence trump to serve up to four years in prison, or impose a sentence of probation with no jail time. how long could these deliberations last? >> there's no real telling. there's 34 charges here, so they have to come up with a verdict on each of these charges, so it could take a while. >> reporter: to find trump guilty, the jury would have to unanimously decide he acted personally, or with others, to falsify business records, and that he did so with an intent to defraud, while also intending to aid or conceal another crime. >> i would predict that they

would spend most of the day tomorrow going through the evidence and trying to come up with a verdict, and potentially come up with something friday afternoon, but you really never can tell with juries. >> reporter: as you noted, all eyes now on that august 2015 meeting, a crucial meeting at trump tower, where david pecker pledged to be the "eyes and ears" for the trump campaign and set up an alleged catch-and-kill operation to help trump. the jury clearly wants to review that testimony before they issue a verdict. norah? >> norah: robert costa, thank you for being there. tonight, supreme court justice samuel alito is flatly rejecting calls by congressional democrats to recuse himself in cases involving former president donald trump. it's all because of two flags seen flying outside his homes. the first was an upside-down american flag scene outside his virginia residence. the other was an "appeal to heaven" flag, a symbol carried by january 6th rioters. it flew outside the justice's

vacation home last summer. cbs's jan crawford covers the supreme court for us, and jan, i have looked at this three-page letter from justice alito, and more than half a dozen times, he blames his wife for the flags. >> reporter: well, in this letter to the democrats, justice alito said there is no reason for him to recuse because flying flags was his wife's doing, and norah, that is a position that this couple has maintained since that first flag was discovered, more than three years ago. alito says today that he had nothing to do with flying any flags, and he writes, "i was not even aware of that upside-down flag until it was called to my attention, and as soon as i saw it, i asked my wife to take it down, but she refused for several days -- for several days, she refused." and then she took it down. now, at the center of this, he says, is a big dispute with a neighbor. as for that "appeal to heaven" flag at their beach house, justice alito said neither he or his wife knew that historic flag had any connection with

that "stop the steal" movement. >> norah: and jan, you know, just hours after justice alito's letter, donald trump, on truth social, congratulated alito for, in his words, "showing the intelligence, courage, and guts to refuse stepping aside from making a decision on anything january 6th related." just to remind everyone, what are the two key cases about january 6th that are before the supreme court that we are waiting on? >> reporter: well, one, whether or not former president trump is immune from prosecution for allegedly trying to obstruct the 2020 election, and if he is not immune, what charges can he face? now, norah, some see this flag controversy as an effort by democrats to undermine the legitimacy of the supreme court. >> norah: jan crawford, thank you. now to some news involving the world's top golfer, scottie scheffler. all charges have been dropped. he was accused of dragging a police officer with his car at the pga championship two weeks

ago. cbs's janet shamlian reports on what the prosecutor and scheffler's attorney are saying tonight. >> reporter: defending masters champion scottie scheffler vindicated. >> mr. scheffler's characterization that this was "a big misunderstanding" is corroborated by the evidence. >> guys. guys. >> reporter: scheffler was booked on charges of assault of a police officer and three other counts earlier this month, as the 27-year-old attempted to drive into louisville's valhalla golf club amid heavy traffic following a fatal accident. >> why does it matter if he is a security guard or a police officer? if somebody is telling you to stop. >> yes, you are right, i should've stopped. i did get a little impatient because i'm quite late for my tee time. >> reporter: his attorney confirmed this is scheffler talking to police after the arrest. the golfer is saying he did not know the man was an officer and calling it overaggressive. detective bryan gillis alleged scheffler ignored instructions and continue driving, dragging the officer to the ground. but there is no body cam footage. louisville police say gillis never turned it on -- a policy violation.

scheffler's attorney says today's agreement stipulates neither side will pursue legal action related to the arrest. >> scottie scheffler doesn't want the taxpayers of louisville to have to pay him a dime. he wishes to move forward from this case. >> reporter: scheffler reacted on social media today, saying he holds no ill will towards that officer, that he wants to put this incident behind him, and that he hopes the officer will do the same. norah? >> norah: time to move on. janet shamlian, thank you. turning to the israel-hamas war, cbs news has learned that u.s.-made bombs were used in an israeli air strike which killed 45 people and wounded hundreds more in rafah on sunday. the u.s. is by far israel's top supplier of weapons, with $18 billion in military aid this year alone, and the biden administration is now under increasing pressure to reassess its military support for israel. cbs's imtiaz tyab has details from east jerusalem. >> reporter: the attack

triggered global outrage. horrifying scenes of bodies burned and mutilated beyond recognition. the scale of the devastation caused by the israeli air strike on the displacement camp also raised questions about the type of weapons used. images gathered from the blast site show the remnants of what three independent weapons experts told cbs news is an american-made gbu-39 warhead, with a payload of 17 kilos. all three agreed the distinctive shape of the gbu-39, especially its tail, helped them identify the remains. and that the clearly-identifiable serial number, or cage code, on this specific munition traced it to a california-based weapons manufacturer. >> following the strike... >> reporter: israeli officials said the strike targeted senior hamas commanders and confirmed two munitions also weighing 17 kilos were used.

>> absent of a complete investigation, i can't verify any of this. >> reporter: eyewitnesses say israel is now widening its offensive in rafah. tanks have moved into the heart of the city for the first time. and of the over 1 million displaced from there in the last few weeks, some are making their own shelters out of spent shells, which are littered across gaza, and many are u.s.-made. including hisham imad al asi. "everything is destroyed because of these israeli and american weapons," he says. "because of america's support for israel." and as fighting continues to intensify across rafah, the israeli military announced three of its soldiers had been killed in an attack, norah, while tonight, israel's national secured advisor said the war in gaza could last through to the end of the year. >> norah: imtia tyab, thank you. now to the campaign trail. president biden and vice president harris launched a major push to shore up support

among black voters, a crucial democratic voting bloc. part of that push included taking aim at donald trump's record on black unemployment. cbs's ed o'keefe reports from pennsylvania. >> reporter: here in pennsylvania, president biden used an event designed to reach black voters to repeatedly call former president donald trump a liar. >> trump continues to lie by saying black unemployment was at a record low on his watch. the fact is that record-low unemployment happened on my watch, and we are going to keep it going. >> reporter: while the president maintains a wide lead among black voters, trump is cutting into the president's advantage with them. just in pennsylvania, a crucial state, cbs polling shows the president down from his 2020 election numbers with black voters, and trump is up from four years ago. in an election poised to be one of the closest ever and decided by just a handful of states, biden can't afford any loss of support. >> because you voted, i was able to keep my commitment to appoint the first black woman on the united states

supreme court. >> reporter: add to that the first black vice president and secretary of defense. but some voters here say he should be much more focused on the economy. he's got to worry about dollars and cents. >> that's -- that's really it, yeah. everything is changing. you go to the supermarket, right? the prices are going up. but the salary is not going up with everything else. >> reporter: ed o'keefe, cbs news, philadelphia. >> norah: tonight, an historic moment for the game of baseball. the mlb is righting a wrong when it comes to the record books. cbs's jericka duncan explains. >> bob takes his cut. >> reporter: major league baseball has a new all-time batting champ: josh gibson, who spent 14 years playing in the negro leagues. gibson, a legendary catcher who played for the homestead grays and pittsburgh crawfords, is now mlb's leader in batting average and slugging percentage, surpassing baseball icons ty cobb and babe ruth. >> he may have been the greatest power hitter and hitter for average in mlb history. >> reporter: john thorn chaired

the committee that integrated statistics into mlb's official records. the committee looked at more than 2300 players from the negro leagues during 1920 to 1948, in an effort to "correct a long-overdue oversight." >> the most interesting part of this is to remove the seven negro leagues from the shadowland of baseball history and to put them on an equal footing with their white peers. >> reporter: until jackie robinson broke the mlb's color barrier in 1947, he played in the negro leagues. his departure lead to other star players, like satchel paige and larry doby, following suit, eventually causing the league's demise. is this move bigger than baseball? >> this move is bigger than

baseball. it opens up the eyes to what america was, and now what america can be. it makes baseball a better version of itself. >> reporter: jericka duncan, cbs news, washington. >> norah: it's a great story. a plane makes an emergency landing on a busy highway. we've got the details next. and later, our "eye on america" with a look at the quality of care at nursing homes that are owned by for-profit companies. ♪ ♪ nursing homes that are owned by for-profit companies. of asthma? get back to better breathing with fasenra, an add-on treatment for eosinophilic asthma that is taken once every 8 weeks. fasenra is not for sudden breathing problems or other eosinophilic conditions. allergic reactions may occur. don't stop your asthma treatments without talking with your doctor. tell your doctor if your asthma worsens. headache and sore throat may occur. tell your doctor if you have a parasitic infection. step back out there with fasenra. ask your doctor if it's right for you. everybody wants super straight, super white teeth.

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>> norah: quite a sight on a busy south carolina highway today, when a small plane used the road as a runway to make an emergency landing. both people on board made it out safely. there were no injuries. a pickup truck towed the plane away. next, in "eye on america," we take a close look at the takeover of nursing homes by for-profit companies and what it means for the quality of care. it's an eye-opening report next. ♪ ♪ it's an eye-opening report next. s can't filter out the real you. so go ahead, live unfiltered with the one and only sotyktu, a once-daily pill for moderate to severe plaque psoriasis, and the chance at clear or almost clear skin. it's like the feeling of finding you're so ready for your close-up. or finding you don't have to hide your skin just your background. once-daily sotyktu was proven better, getting more people clearer skin than the leading pill. don't take if you're allergic to sotyktu; serious reactions can occur.

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♪ ♪ >> norah: more than 70% of the nation's nursing homes are now owned by for-profit companies, often backed by private equity or real estate investors. new research is raising troubling questions about their quality of care. cbs news contributor lisa ling first encountered these questions through her own family's experience, but soon found out she's not alone. here's tonight's "eye on america."

>> reporter: this is berkley east, a for-profit skilled nursing facility in southern california where my 92-year-old mother-in-law grace song spent a month after a hospitalization. >> when you go through all this stress, i'm just so deadly tired. >> reporter: i began recording her during my visits after she told me she struggled to get the attention of staff, and medication she said she was told to take promptly at 8:00 a.m. routinely came hours late. so then you are starting to panic because so much time is passing? >> yeah, so much time is passing by, so i was pushing the buzz to find out what is going on. >> reporter: one night, my mother-in-law, who was a fall risk, was left alone in the bathroom and fell. she hit her head and was sent back to the e.r. >> this is where you feel, how did i get to be so, so helpless? >> reporter: more than 70% of u.s. nursing homes are now run by for-profit companies, and there is growing evidence patients are paying the price. harvard professor david grabowski is an expert on

nursing home policy. >> the vast majority of quality problems in the u.s. are centered in for-profit nursing homes. >> reporter: most u.s. nursing homes rely on taxpayer money from medicare and medicaid. grabowski told us as profit-seeking investors have poured in, it has become difficult to track where the money goes. >> we really don't know kind of how they are using public dollars and whether they are actually going into direct resident care. >> reporter: what is clear from federal research, many of these facilities have been found to have lower staffing and worse quality of care. in 2019, berkley east was taken over by a for-profit company called aspen skilled healthcare, a midsize chain of more than two dozen nursing homes. how often were you exposed to examples of gross negligence? >> it felt like on a daily basis. >> reporter: this nurse, who asked to appear in shadow, left berkley east after working there

more than a decade. she was 1 of 5 current and recent former employees who told cbs news patient care had been compromised after aspen tok over. what would you say the biggest changes were? >> when we try to call upper management, they wouldn't even pick up the phone or call us back. they would just leave us short on the floor. >> reporter: berkley east has racked up so many serious quality issues that regulators say it requires special oversight to protect residents' health and safety, and dropped it from an overall four-star rating to one. >> labs weren't being reported in a timely manner. patients weren't given their medications on time. >> reporter: she also alleges that during the pandemic, aspen took steps to conceal staff shortages from the state health department by listing names of nurses who appeared not to be working there on internal staff reports. >> these nurses were nowhere to be found in the system. >> reporter: while berkley east operated at a loss, data from its most recent financial records show, overall, aspen's facilities reported more

than $27 million in annual profits. where do you believe that money was going? >> it was going to corporate. >> reporter: my mother-in-law wasn't the only one who felt ignored. on one visit, her roommate said she couldn't find staff to change her change her. >> i have no idea when she's coming back. >> reporter: aspen skilled healthcare declined to comment for this report. it recently replaced managers at berkley east and has reported staff levels that exceed state and federal requirements. in a statement, an industry lobbying group said it supports financial transparency and accountability, but says these issues distract from others, like chronic government underfunding and a growing worker shortage. norah? >> norah: lisa, thank you for your reporting. and tomorrow, we'll show you the efforts being made by the federal government to require more transparency from the industry. all right, a major announcement from the first lady and the national zoo, right here in d.c. that's next. ♪ ♪ >> announcer: this portion

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norah, thank you, i'm juliette goodrich, she is being called a hero. a doctor trapped in gaza after a border shutdown. >> you could not get out. nobody could come in.

>> why leaving the war zone comes with a heavy heart. also, major new developments today in scott peterson's fight for a new trial. the one-piece of evidence that was found on his wife's body that will go through a new round of dna testing. you probably already heard, warm thursday and friday. we will talk about that. it is now time to start tracking what could be the more significant warm up for the middle part of next week. we will do that coming up in the first alert forecast, next. >> check out this crazy video. and, there she goes. imagine that in your backyard. a mountain lion. this was not the only sighting in the area. >> walk around the neighborhood all the time. what i saw it on the video it was alarming. this is cbs news bay area with juliette goodrich. thanks for