but her attitude was similar to that of the hoyty it toy editor in "the devil wears prada." >> do i smell hydrangea? >> no. i specifically told them that -- >> i see freesias anywhere, i will be very disappointed. >> reporter: if i see hydrangea anywhere, i'm going to be very disappointed. from the hydrangea's point of view, madonna stinks! >> it's an unscented flower. >> thank you. >> reporter: jeanne moos, cnn, new york. >> i love the old my assistant took them reply. >> she is entitled to like or dislike anything she wants but weird her reaction was that fast and a mike in front of her. >> we know that every mike is hot as we like to say. >> anyone gives me flowers, i will gladly take them. hydrangeas included. >> me too. that is going to do it for us. >> we turn it over to kyra phillips. >> was that a subtle hint? i'll call the florist today for

both of you. >> thank you, kyra. we start in texas. exhausted fire crews are battling an enemy is astonishing and relentless wildfires burning somewhere in the state for nearly ten months without any break. today is the 296th consecutive day of work for those firefighters. just in the last week, 120,000 acres have burned. more than 700 homes have burned since sunday and then near austin, a blaze has killed two more people raising the overall death toll to four. jim spelman is in bsatrop near the largest fire in the state. are crews making any progress at this hour? >> good morning. shift change here. the day crews are ready to head on into the fire. they took advantage yesterday of low winds and cooler temperatures to get in there and get 30% containment on that fire. i thought that was really an incredible amount of progress that they made yesterday, considering how intense this fire was, that it took out 500

homes in about 48 hours of burning time that they were able to make that kind of progress. they want to do that again while winds remain low. warmer today. not good but the low winds should allow them to make more progress. they are in there on the ground creating fire lines and using bulldozers and hand tools to get rid of the fuel between the active fire and the homes and other stuff that is in the way and they will get up in the air again with helicopters and planes and drop water and retardant on it. they know that with the severe drought conditions, that they have to be super aggressive against these fires because just one spark, one ember flying up, if the winds pick up again could start a new fire and the whole circle begins over again. >> jim, we will be talking more, obviously, in the next couple of hours. let's go ahead and check more on the outlook for those fire conditions. we turn to rob marciano. he has been following it for us throughout the country. >> no rain. over 290 days consecutive fires.

zoom in quickly to the austin fire. the largest one, 30,000 acres now and counting. the satellite picture of where the smoke and ash pushed away from austin that is good but if you're down wind of that you're certainly bad air quality. even you can see the outline of the scar this thing has produced. also some impressive footage. this shot from the northwest side of austin and you can see the smoke and ash being blown away from the city itself. high pressure is the reason we don't have rain there and also keeping a lot of the debris from the fire close to the ground. going to be warm today but not as hot as it has been. 95 austin and 89 degrees in dallas. and relatively light winds again today so it will be decent. not looking for any sort of rainfall and wind should be relatively light but warm going forward. as far as what is going on across parts of the gulf of mexico, this disturbance may

turn into something. we are not sure where it's going to go. it probably won't help the fires in texas. we are sure where katia go, a category 1 storm and continue its track and veer off out to sea but big waves and dangerous rip currents a problem along the east coast. >> rob, thanks. we want to turn to the economy. the president's all important speech on creating jobs. this morning, we have new details of the plan he is going to unveil before the joint session of congress. brianna keilar is at the white house. what exactly do we know this morning? >> reporter: here is what is new. we know that there is, according to democratic sources in discussions with the white house there will be 300 billion dollars in new spending that the president will be proposing and according to these sources that will be offset by 300 billion in tax cuts. or in cuts, i should say. we know some of the tax cuts already that the president will be proposing. the payroll tax cut rye right now is in effect in part for

employees. the president would like to extend that to employers and continue to allow to have employees have that tax cut. also extending unemployment benefits so that the long-term unemployed have additional help. we know education is going to be a priority when he gives his address tomorrow night. there will be money, we are expecting, for techsers who have been laid off to rehire them and money to renovate schools. the idea here is this will be part of that infrastructure spending that the president has been behind as part of a jobs plan that the idea being renovating schools would be a shovel-ready project. we heard yesterday jay carney, the white house press secretary, saying there will be new proposals in what the president lays out, proposals we haven't heard about and proposals that are beyond a what i've just laid out here. >> and, no formal republican response to this speech, right? >> reporter: no. you know, sometimes if you see a state of the union, which this

address to joint session of congress is going to look like, you might see a republican response. an official response from one person who kind of speaks for, in this case, house republicans, will you not be seeing that. there is some uncertainty what the president may say. that may be in part but not that you won't hear from republicans at all. expect to hear from the speaker and top republicans. many republicans who will be doing television interviews and certainly getting their point of view out there as they do respond to the president, but not just having one person do it. >> brianna keilar at the white house, thanks. tune in to cnn for the president' speech to the joint session of congress. live coverage tomorrow at 7:00 p.m. eastern. the president's speech was moved back for tonight's republican presidential debate and our mark preston has a preview of that. >> reporter: we will see eight candidates out in california at the ronald reagan library this evening. taking part in the nbc politico

debate. a couple of things we will look for is mitt romney stay laser focused on president obama or will he perhaps attack some of the other candidates such as rick perry who is the new front-runner in this race and the new kid in the race will he attack mitt romney personally some we have seen his campaign doing that in press releases including just yesterday when mitt romney released his own jobs plan. what will happen to michele bachmann some she has fall precipitously even after the iowa straw poll and dropped since recognize perry entered the race. what will she do tonight and rick santorum and jon huntsman and matt cain are so low in the polls and need a breakthrough. some interesting things we might see tonight. what we probably won't see is a lot of attacking going on because ronald reagan is known for the 11th commandment, thou

will not speak ill. >> rudy giuliani this quote is classic. if you're desperate i might jump in and help run for president. >> reporter: yeah. a lot of talk what is rudy going to do? run for president again or kind of tease us with these types of comments? well, he had a little fun with it yesterday. he was here in washington for a speech. listen to what he had to say in his own words. >> if i think we are truly desperate, then i may run, which is the way i got elected to mayor of new york city. do you know what my slogan was? you can't do any worse! >> there is rudy giuliani in washington yesterday. probably throwing more cold water on the idea he is probably going to run for president. the fact he was seriously running for president. he has not ruled it out. but he does acknowledge he would have a tough time in a republican primary which is dominated by social conservatives. we know rudy is a centrist

republican. >> mark, thanks. your next political update in an hour. always get all of the political news 24/7 at cnn/politics.com. italy, attorneys for amanda knox are making progress in appealing her murder conviction in the death of her late roommate. our zain verjee is monitoring the latest from london. i understand more questions about the dna evidence? >> reporter: yeah. a couple of significant developments. this is a really pivotal week in amanda knox's appeal trial. the first thing is that a judge just a short while ago told prosecutors no, they cannot have any new dna assessments. they cannot call forward any new witnesses and they can't bring in some of the original dna evidence that was used to convict amanda knox in the earlier trial. the other thing that happened that is really crucial is there is this leading italian forensic expert. he came on the stand and had a

technical explanation but essentially what he said was the amount of dna in the groove of the knife that allegedly was used to murder meredith kercher was not blood. these are pretty significant things. what is happened is the two xes fed evidence, a knife, as well as a bra clasp, there has been enough doubt that has been cast on those two pieces of evidence to raise a lot of questions. amanda knox's dad says he is pretty optimistic she may be released. kyra, we will find out what the verdict is at the end of the month likely. >> we will be following it until then. zain, thanks. coming up, crime pays. or at least the arizona department of corrections hope it does. if you want to visit someone behind bars? you have to shell out the cash. also ahead, 30 years in prison for sending a tweet. two people in mexico are facing just that. we will explain. [ man ] natural gas vehicles are used somewhere...

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checking stories across the country. carson city, nevada, a fourth person died from yesterday's shooting rampage at ihop restaurant. three national guard members. 11 people shot. police say the suspect later turned the gun on himself. and, all of a sudden, we heard a bunch of fire, we heard a bunch of shots going off. loud shots. it was crazy. we seen people running out of the building. >> you just started hearing what sounded like machine guns or firecrackers or something. it was loud. >> family of annie le filed a wrongful death lawsuit against yale, university alleging the

school did little to protect women on its campus. she was killed in a research lab in 2009. the university says the lawsuit has no merit. senior legal analyst for cnn, jeff toobin will join us next hour to talk more about this case. parts of new york and new jersey hit hard by hurricane irene changes to the start of the school year. in new york, there's some delays and newark, new jersey, concerns over mold at one school. means a temporary reassignment of kids to other schools. the arizona department of corrections is cashing in on crime. if you want to visit someone behind bars, it's going to cost you 25 bucks. a fee that has angered not only family members but prison advocacy groups. david fate calls it mind boggli boggling. you believe this could ultimately have a negative effect on public safety. why? >> well, research tells us that one of the very best predictors of whether someone is going to

go straight and lead a law abiding life after prison is whether he has been able to maintain family contact while incarcerated, and visitation is an essential part of that. so if we care about public safety, if we care about crime prevention, we should be doing everything we can to encourage and facilitate and promote prison visitation. >> for the family members and families with a number of children, a 25 dollar fee is a lot of money. most of them liver in poverty, correct? >> absolutely. this really is trying to get blood from a stone. prisoner's families are overwhelmingly poor. they are poor to start with and then they are almost always made poorer by the incarceration of a spouse or parent or other bread winner. so these are really the last people on whose back arizona should be trying to balance its budget. >> david, a lot of back and forth on what exactly is this fee. the arizona department of corrections gave us a statement saying this is a background

check fee and i've also read that the same doc director refers to it as a visitation fee and others say it will not be used for background checks but maintenance and repairs to prisons. what do you say to the critic out there who say these are prisoners. we have got no sympathy. pay the 25 bucks. >> let's remember that the fee is paid not by the prisoners but by their family members who haven't done anything wrong. and i think we need to focus on what is best for public safety. other states have taken a very different approach from arizona. other states actually subsidize prison visiting because they know that every dollar they spend will be repaid many times over in successful reintegration and decreased crime in the future. unfortunately, arizona has taken the exact opposite direction and it's a direction that is bad for public safety.

>> david, thank you for joining us. we will follow the lawsuit. >> you bet. mexico takes a tough stand on two people accused of sparking terror by using twitter. some call it infringement on free speech. also ahead, what a way to go. fired over the phone. exactly what happened to the ceo of one of the most recognizable tech companies. eetener with b vitamins, the first and only one to help support a healthy metabolism. three smart new ways to sweeten. same great taste. new splenda® essentials™. [ male announcer ] each of these photos was taken by someone on the first morning of their retirement. it's the first of more than 6,000 sunrises the average retiree will see. ♪ as we're living longer than ever before, prudential's challenge is to help everyone have the retirement income they'll need to enjoy every one of their days.

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apparently a commercial aircraft has crashed in russia. about 155 miles northeast of the capital we are told. 36 people are confirmed dead.

russia state run news agency says the plane was carrying members of a hockey team. we are going to bring you more details as soon as we get them. ♪ shows biz haents. celine dion is the victim of a bizarre break-in. police say a man slipped into her montreal home and of all things raided the fridge. he tripped the alarm. police showed up and he was drawing a bath. neither deion or her husband were home. >> fox will still air quarterly specials of "america's most wanted." the host john hall sh say they have captured more than a thousand fugitives. items that belonged to john wayne will soon be auctioned off. maybe you want some of these items.

400 john wayne items go up for sale next month. potentially land mark legal case in mexico. two people could face up to 30 years in prison for creating public panic using twitter. zain verjee is live with us from london with more on this controversial case. zain? >> reporter: hi, kyra. four posts were put up online and it triggered complete chaos. parents were stressed out and major traffic jams, car crashes. it really unleashed havoc. basically, what happened was two guys were putting up false information suggesting that children had been kidnapped. they said there were bomb threats, helicopters, fired gunshots and kidnapping situation was happening. let me give you a flavor of one of the tweets that was put out. one reads my sister-in-law just called me all upset. she just kidnapped them. here is another one.

this was just lies. they made this stuff up. investigators are saying the two people behind this could face terrorism charges and up to 30 years in jail. now, their lawyer is saying, well, they have freedom of speech, they can say this kind of stuff. it's disturbing to put the stuff out there and trigger this kind of chaos. >> i will follow the case. it's definitely interesting. zain, thanks. fired over the phone. that's what happened to the ceo of yahoo!. alison kosik is at the new york stock exchange with details. what was her response? >> reporter: you can only guess what her response was. getting fired, kyra, it's just not easy obviously. no easy way to do it but over the phone? come on. right? carol bartz after the phone call she blasted out an e-mail to all yahoo! employees saying i'm very sad to tell you i've just been fired over the phone by yahoo!'s

chairman of the board. it has been my pleasure to work with you all and i wish you only the best going forward. you have to remember her two and a half years at yahoo! was not easy. she cut costs but failed to boost revenue and yahoo! has been losing online ad revenue to facebook and google and it stock price hasn't moved much under her leadership. despite the problems, yahoo! still has 600 million users. still to the noo bad. >> how is wall street taking the news? >> reporter: yahoo! shares up about 6% before we start the opening today. analysts say the way per departure was handled could signal there is more drama to come at yahoo!. the borderer market looks like opening higher after three straight days of selling. looks like the bargain hunters are out in full force. hopes pinned on the big speech from president obama happening tomorrow at 7:00. he is giving this big speech on jobs. so wall street is certainly

hopeful that something new, different, and wonderful will come out of that. >> we will follow it. thanks. texas governor rick perry is leading the republican field and will stand front and center at tonight's gop debate. expect some of the feistiness on display here. >> i mean, it really wears me out that we got two people on the stage here that want to tear texas down when the fact is everybody understands, this is a state you want to live in. we want to come here. >> you might be surprised that this is a rare test for the lifelong politician who has long avoided debates. we will take a closer look after the break. plus, at least one political expert says the answer to putting young people to work is a program sitting right under the president's nose. ♪

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reuters has just released home video of moammar gadhafi with his family members. unclear when exactly it was shot. gadha gadhafi's whereabouts are still not known. at least 11 people were killed and 61 wounded when a bomb went off outside a court in new delhi today. the second explosion outside of that indian court in four months. largest of texas wildfires has burned 33,000 acres near austin and blamed on two deaths and the evacuations of 5,000 people. texas governor rick perry says he will not miss tonight's republican debate. he bowed out on monday with the wildfires back home. today is a crucial test for the front-runner and a forum he has largely avoided. in ten years as governor he has taken part in only four debates. >> i'm telling you that we

created more jobs -- i don't know -- i don't know how to explain this to you any simpler. >> governor, you're using the numbers from '07 and -- >> i'm talking about 2008. >> let's talk about '09. >> and in '0, we are creating jobs in october and in november. there was not a state in the nation. name me one state in the nation, senator, or mrs. medina, that were creating jobs. i mean, it really wears me out that we got two people on the stage here that want to tear texas down when the fact is everybody understands, this is a state you want to live in. we want to come here. this state is growing by a thousand people a day and not because we are overtaxing them or overregulating them or overlitigating them. kn they know this is the place to come and be. >> will the debating skills of this texas maverick win over a national audience? pete hamby is in columbia, south carolina. peter, how much is at stake for

rick perry tonight? >> i think the stakes are very high for rick perry tonight. they are also high for michele bachmann and mitt romney, they have suffered in the polls since perry joined the race. perry has to accomplish two things tonight. most of us in the world have been following perry intensely the last several weeks but most of only heard about him around the water cooler so he has to introduce himself to the country and to republican voters but he has to be prepared for attacks from romney and bachmann, santorum, huntsman and other people on the stage who will try to take a piece out of perry and diminish his standings in the polls. >> so has he avoided debating because he doesn't want to expose what his critics say are intellectual short comings or

because he doesn't have to do it? >> i know there is a narrative out there that perry is dumb, but he has been governor for a decade in texas. his decisions not to debate in texas has been tactical decisions. might not be his best forum. it's not really in his wheelhouse. it's pretty incredible through primaries and general elections over a decade he has avoided most debates. but do not underestimate rick perry. his opponent in the 1998, lieutenant governor's race, john sharp, said running against perry is, quote, like running against god. this guy, you know, whether by luck or by tactical brilliance and he has a smart team of advisers has imagined to avoid debates but leaving a trail across texas going back to 1984. >> the reputation you talk about there, do you think that style that combative debate style we have seen will work for a national audience or is it a

better fit for texas politics? >> i think that clip you played is a great example of what we might see from rick perry tonight. as you said, head-strong. he refuses to back down. i talked to several strategists who worked on campaigns against him past. they say he likes to sticks to his talking points and defensive about the points he tries to make. what the other candidates have to try to do is get him off the talking points and then pounce. so, you know, he is combative. whether that plays on a national stage, you know, we shall see tonight. >> peter hamby, we will be talking again. thanks. >> thank you. members of the obama administration right now are in talks to try to determine how much u.s. troops will stay in iraq after this year. one option that is being considered, keeping 3,000 forces there. barbara starr at the pentagon. barbara, that, to many people, seems like a pretty small number. >> reporter:kyra, it's hard to

believe we are talking about enough u.s. troops in iraq where for years the question is how soon are troops getting out of iraq. here is where it stands. an agreement with the iraqis all u.s. troops gone by the end of the year, but the reality check is both sides have been talking for some time about keeping a small number there to help the iraqis with critical military tasks like hunting down terrorists, for example. listen to what leon panetta said yesterday when this story surfaced that the u.s. is thinking about keeping a small number there. have a listen. >> with regards to what our presence will look like beyond that, that is the subject of negotiations with the iraqis. as i said, i can't give you a number or tell you what that number looks look. it has to be part of the negotiation. >> reporter: part of the negotiation, panetta insists publicly no decisions have been made, but what we know from sources here at the pentagon is 3,000 is one of the options on the table.

one of the options being talked about, many on capitol hill, oddly enough, are looking at is and saying that as to the not enough. you can't do much other than train iraqis forces and you risk the gains of the last many years of war. if you thought the u.s. was going to end its military involvement with iraq at the end of the year, maybe not so soon. >> barbara starr, thanks. the united states went into iraq when deck cheney was the number two man in the white house. and it's no secret that he had a lot of influence on u.s. operations there. he spoke to our wolf blitzer about no regrets. >> i think the irksys will be somebody we can work with on a regular basis and have a rudimentary democracy and i think a success. >> what goes through your mind when they support bashir assad.

>> looks like he is on his way out because of the unrest that has been occasioned by his own people inside syria. he is one of the least popular leaders in that part of the world. it's the middle east. and stuff happens in the middle east. you know it. you've covered it for years. i don't think you can make a case that the world would be better off today if saddam hussein were still in power. >> no regrets about iraq? >> i think we made the right decisions. >> cheney is on a impa tour for his book "in my time." up next, volunteers could be a cure for the job crisis. we talk about that live next. a gunman opens fire on people eating breakfast at an ihop. four people dead and a question about the shooter's motive. that story in 12 minutes. improves skin's health in one day, with significant improvement in 2 weeks.

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of the sputtering economy is the lack of jobs. last month, not a single job was added to the economy. as cnn's tom foreman shows "uss even when jobs are added, there is a sobering reality behind those numbers. >> reporter: you know, we have talked an awful lot about all of the jobs lost during this recession. almost 7 million lost in the recession proper. the question is are all of those jobs the same is in the truth is they are not. let's look at what was going on before the recession. from 2001 to 2008. during that period of time, most of the growth was happening over here on the high wage area above $70,000 a year and middle wages $35,000 and up not that much and lower doing sort of okay before the recession. look what happened during the recession itself. this middle wage group way down

there! higher wage, they lost some. lower wage lost some. bear in mind, this is roughly half of the country. this is what drives the economy this big group in the middle. as we look at the recovery that has happened since then, watch how little this comes up. just a tiny bit in the medicine wages. lower wage jobs, those have been coming back a fair amount but these aren't the ones that will support the economy. oddly enough, the higher wage jobs are still losing some ground over here. that is the big difference here. the jobs we lost beforehand were better than the jobs we are getting back right now. so a job is not a job that is not a job is not a job. a difference between them. each the jobs we are getting back are not strong enough to support the overall economy to bring all of these other jobs back. tomorrow, we are going to look at professions. those that are being hit the hardest and those you might be able to bet some of your future

on. kyra? >> tom foreman, thanks. as the president looks to way to create and save jobs, one former presidential adviser says obama needs to look no further than an existing government program. david gergen says the americorps is the best to create jobs. volunteer year for your life and give you hands-on experience and give you cash for college and gergen says it will give our younger generation hopes and david joins us live from dallas. you say the program mirrors what the conserve corps did during the depression. >> striking what happened during the depression after taking office in 1933, franklin roosevelt propoped the civilian conservation corps. by that very summer, action occurred in the congress and they got 250,000 young men who were employed out in the woods,

building parks and helping with roads and doing all sorts of projects. the ccc went on to become a storied legend of the new deal. it was one of the most popular programs in the country and it put a lot of young people to work. and americorps could be our new cc. that is what michael brown who now directs it and arguing a blog on cnn today that we ought to look at americorps because so many young people in this country, the unemployment rate among the young is far higher than it is among the nation as a whole. the unemployment rate among the young is 18%. among young hispanics, 20% and among young blocks, it's 30%. >> you point out americorps is under the knife and that would be grave mistake. give us some examples why. >> well, americorps is appealing to a very idealistic streak we

find in the younger generation. i must say this younger generation that is coming up, you look at the military veterans coming back and young people want to teach and do other things, an enormous amount of idealism out there. this last year, americorps got over 500,000 applications. up two-thirds over two years. but they had to turn away three-quarters. an example, i happen to be on the beard for teach for america. a wonderful organization started by wendy, a heroine of mine. this last year, they asked for teachers to sign up and go work in the toughest classrooms in america whether in urban or rural areas and do it for at least two years. many go on to keep teaching at charter schools and great teachers. this last year, among college seniors, wendy could offer 4600 positions to teach and we had 400 y

4 400,000 applications. it's like spelman college, a university for young african-american women predomestic atlanta in atlanta, 27% of the seniors. >> my neck of the woods. >> yeah, your neck of the woods. 27% of the seniors in spelman applied. americorps can not only provide jobs but help to encourage the spirit of idealism and began to change the culture of the country. what we don't want to do is kill that spirit of idealism in this younger generation. if they can't find jobs, they are going to become disillusion and we will see the unrest like in britain. >> one of the highlights of the interview is the fact you talked about the spirit of idealism still so strong. a great point to make this morning. david, thanks so much. appreciate it. >> thank you, kyra. thank you for the time. >> you bet. you can read the entire article about americorps, cowritten by david gergen and

michael brown and on cnn.com called jobs for young americans. check it out. coming up, a swift water rescue caught on tape. a man walks into a nevada ihop with an ak-47 and starts shooting. national guard members are among the four people killed. we will hear from the witnesses next. m a great driver, and he's... not so much. well, for a driver like you, i would recommend our new snapshot discount. this little baby keeps track of your great driving habits, so you can save money. [sighs] amazing. it's like an extra bonus savings. [ cackling ] he's my ride home. how much can the snapshot discount save you? call or click today.

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♪ hey, what are all these tests even for? ♪ ♪ questions are the answer ♪ yeah ♪ oh checking stories across the country. the arizona republic reporting an appeal has -- or appeals court ruled against arizona for trying to deny health benefits for same sex

partners of state employees. jan brewer the governor says they are considering another appeal. in marquette county, wisconsin, this christmas tree farm will have the distinction of sending its best to the first familiar reply in the upcoming holiday season. the couple was declared the grand champion christmas tree growers in a contest and plan to present their tree to the first lady in late november. a rescue boat was used for the first time when they pulled a man to safety from a swift moving river. the man apparently fell from a bot and unable to swim ashore. man walks into a nevada ihop with ak-47 and starts shooting. among those killed national guard members. we are here now a fourth victim. thelma gutierrez is following the story for us out of los angeles. >> reporter: this morning, we are learning more about the gunman. 32-year-old ed war go sencion and worked in a family business

in south lake tahoe. yesterday morning they say he opened fire on a group of national guardsmen having breakfast at ihop restaurant. four people killed including three guardsman and a civilian in the line of fire. 11 in total were shot. they say eduardo shot a woman in the parking lot on his way out. witnesses describe the seen as horrifying. people running through the parking lot and taking cover under vehicles. >> it was about 9:00 and i just started hearing what sounded like machine guns or fi firecrackers. it was loud. >> blood everywhere. broken glass everywhere. it was a war zone down there. it was nuts. >> reporter: investigators say sencion had no criminal record used ak-47 in the rampage and they found empty 30-round gun magazine and pistol and assault rifle near the vehicle.

according to family members, he had a history of mental illness and say he had never been in the military before. as for a motive, it's still under investigation but they are concerned because so many of the guardsmen were in uniform at the time they were shot. as for sencion he died at the scene from a self-inflicted gunshot wound. >> thelma gutierrez for us there on the coast, thank you so much. a wrongful death lawsuit filed against yale university by a family who says their daughter's murder could have been prevented. we will talk with our legal analyst jeffrey toobin about this case. insurance many peoplen get through selectquote for less than a dollar a day. selectquote found, rich, 37, a $500,000 policy for under $18 a month. even though dave, 43, takes meds to control his blood pressure, selectquote got him a $500,000 policy for under $28 a month.

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stories making news -- later today, 1:00 p.m., nasa holds a

teleconference to discuss new observations about solar flares that can impact communications. 4:45 eastern, president obama hosts nascar's sprint cup champion jimmie johnson at the white house. at 8:00 eastern, a debate for republican presidential candidates takes place at the ronald reagan presidential library in simi valley, california. the next hour of "newsroom." let's start with brianna keilar. >> the president will unveil a jobs plan when he addresses congress tomorrow night. i'll have details at the top of the hour. >> i'm alison kosik where we're keeping tabs on the ceo of one of the biggest coffee companies. harold schultz is continuing his push to get things done in washington. first the scos withhold donations. now he wants you to do something. >> all right, ladies, thanks so much. coming up, the infamous shoe

bomber changed the way we boarded airplanes for the last decade. yes, we're talking about this man. and ever since he got arrested, we've had to take our shoes off at every single security checkpoint. well, guess what? that may change.

well, two of nascar's biggest names battle it out at atlanta motor speedway. jeff gordon pulled in front of

jimmie johnson on lap 276 and held him off the rest of the way. it's gordon's third victory of the season and 85th of his career. that moves him into third place for nascar's all-time winners. here's something you don't see in major league baseball. the reds brandon williams runs for home. he's going to be out by a mile, by the way. instead of plowing into the cubs' catcher, look at this. give me some love. nice job. thanks for -- yeah, okay. and then the mariners' outfield row ichiro on the right and a fan that looks a lot like him on the right. the real guy makes a grab against the angels. jumps at the wall to make the catch. there you go. his fan look alike takes a bow to the stands. he got some laughs and some boos from the angel fans. it's madonna versus hydrangeas. she was caught dising a fan's floral gift. now floral lovers are on the counterattack. here's cnn's jeanne moos.

>> reporter: it's enough to make a hydrangea wilt. insulted by madonna in videos that have gone viral. there madonna is at the venice film festival when a fan among the press people gives her a flower. >> you are my princess. thank you so much. i love you. >> but after madonna tells him thank you, some say she rolls her eyes and out comes the truth, barely picked up on an open mike. i absolutely loathe hydrangeas. he obviously doesn't know that. >> reporter: hydrangeas of the world unite. geez, madonna, what did hydrangeas ever do to you. the "b" word flew at madonna. the one that rhymes with witch. we went to flowers of the world in manhattan to see why anyone would hate them. >> a lot of people think it's their grandmother's flower. >> on top of that, hydrangea grow in people's yards. >> it makes it more lowly. >> i see it in other people's

yards. couldn't be that great of a flower. >> reporter: but these are from the netherlands and cost $20 or 30 bucks a stem. >> could madonna's loathing turn hydrangea into the new broccoli. >> i do not like broccoli and my mother made me eat it and i'm president of the united states and i'm not going to eat any more broccoli. >> reporter: at least madonna doesn't have to eat hydrangea. she may run from field of lilies. she's even accepted humble daisies. ♪ living in a material world >> and clutched them like a smitten schoolgirl in the videos that have gone viral, hydrangea get no respect. >> madonna, where is the flowers that i gave you. >> oh, my assistant took them. >> madonna's spokesperson said she's entitled to like any flower she wants and she didn't want to hurt the feelings of the hydrangeas of the world. maybe, but her attitude was similar to that of the hoit

hoity toity editor in "the devil wears prada." >> do i smell fresia? >> no. >> if i see fresia anywhere, i will be very disappointed. >> if i see hydrangea anywhere, i'm going to be very disappointed. from the hydrangea's point of view, madonna stinks. >> it's an unscented flower. >> reporter: jeanne moos, cnn, new york. we begin this hour in texas where exhausted fire crews are battling an enemy that is both astonishing and releaptless. wildfires have burned somewhere in the state for nearly ten months without any break. today is the 296th consecutive day of work for firefighters. just in the last week, 120,000 acres have burned. more than 700 homes have burned since sunday and near austin, a blaze has killed two more people, raising the overall death toll to four. jim spellman is still in bastrop

near the largest fire in the state. jim, are fire crews make anything progress? >> reporter: they are make something progress. they have this fire about 30% contained which really impressed me. this was such an active, dynamic fire that moved so fast in its first 48 hours. it's really remarkable they were able to do that. they really took advantage of the weather yesterday. calm winds and low temperatures. short of rain that's what firefighters need to get these fires under control. they're out there again giving it their all. when you were mentioning how long this drought has been going on and how many fires they've been fighting and for how long, they know they don't have the luxury of time when they are fighting these. they could have a dozen more fires break up today. that's what we've seen over the last few days. the day before yesterday, just within about 100 miles of here, five or six fires that claimed 20, 25 homes. any one of those fires would be big news on a regular day. in tex ait's become really just another day here in this epic drought and this horrific wildfire season, kyra. >> jim spellman, horrific

indeed. we'll be talking more about it. we want to talk more about the fire conditions now. meteorologist rob marciano joining us for that. been following everything from county to county. >> last two days have been much, much better as jim pointed out. the winds have been relatively light and temperatures have come down a little bit. do want to point out this shot. there's austin proper looking from the northwest to the southeast where that fire is about 20, 30 miles away. notice how the clouds and the ash and the smoke settled down in the lower parts of the atmosphere. that's from high pressure which is causing -- not causing the rain. it's one of the reasons they've been so try. the sinking air and that's going to keep temperatures, well, you know, not terribly hot. relative to what we've seen this past year. austin has seen over 80 days of 100-degree-plus temperatures. they'll take 95. it will be 89 degrees in dallas. 92 expected in houston. by the way, the fire north of houston, that's nothing to be trifle with either.

some of the smoke from that may be coming down toward the houston area. some of the outskirts because of the -- and that will bring smup higher or more poor air quality. as far as what we can look for to potentially bring some rain to texas, we've been begging for this stuff. this could be a tropical depression or tropical storm in the next couple of days. the national hurricane center has given a 60% chance of doing that. our computer models are kind of all over the place. none of which are really bringing it to texas proper. here's hurricane katia with winds now of 90 miles an hour. it's a category 1 storm. still forecast to head off out to sea. big swells, big waves and some rip currents will be an issue as well. and tropical depression number 14, this has a lower trajectory. that may make a run at the u.s. but not until next week. until then, no rain in the forecast for texas until further notice. kyra? >> got it. thanks, rob. now to the economy and the president's all-important speech on creating jobs. this morning, we've got new

details of the plan it he'll unveil before the joint session of congress and brianna keilar is at the white house with a sneak peek. what did you find out? >> reporter: this is the new stuff, kyra. $300 billion plan. that is the working figure that we're hearing from democratic sources that are in discussion with the white house. a $300 billion jobs plan offset by $300 billion in cuts. and we've known some of the things that will be in this. the president has signaled there will be tax cuts, payroll tax cut extended for employees and also giving it to employers as well. right now, employees are getting a break on their payroll taxes. the president wants to continue that into the next year. and also allow employers to take part in that as well. also, help for the long term unemployed. extending unemployment benefits. and, kyra, as well, we've been reporting that education to be a priority in this plan. the president will lay out tomorrow night. that would include money or what we're expecting would be money for teachers who have been laid off to retire them and money to

renovate schools. this would be part of the infrastructure spending you've heard the president and white house talk about as a priority. also we should stay tuned to see if there is something new. last night jay carney said there will be new proposals, things we haven't heard, things the white house has not floated that he will announce in this address tomorrow night. >> and also, some republicans choosing not to go to the speech. >> that's right. i confirmed directly with the spokesperson for georgia republican paul brown who is planning on not going to the speech. he will be on the hill in his office, and he will be watching the speech. he will be tweeting about it. he will be having a twitter town hall as his office puts it with his constituents, but he's very critical of the president. generally speaking, republicans are not expecting a whole lot of new to come from the president. and already they are panning what they've heard. so expect the republican response. it's not going to be an

organized one, just one person doing it, kyra. but expect republicans to come out hard hitting against the president's plan tomorrow night. >> brianna, thanks. >> president obama will reveal his plan before a joint session of congress tomorrow night. and cnn plans live coverage starting at 6:00 p.m. eastern. rick perry has his first test on the national stage tonight. he's joining other gop candidates at the debate. paul steinhauser is here to talk about what's at stake. >> he'll have the most at stake, the most on the line. this is the first debate he's going to be partaking in since he jumped into the race for the white house less than a month ago. he is the front-runner in most of the national polls. just about everyone, 6 of t. >> rick perry has not debated much over the last couple of years. over the last two re-elections in texas. while these other candidates have a lot of experience lately debating, he does not.

kyra? >> let's talk about the other candidates and the various game plans. >> okay. let's start with mitt romney. he used to be the front-runner until rick perry pushed him off to the side. he's now number two in all the national polls, including our own cnn one. does he go after rick perry and directly attack rick perry or keep his strategy of going after barack obama. michele bachmann, the congresswoman from minnesota. she was a rising star back on august 13th. she won the crucial straw poll in iowa. that same day, rick perry has jumped into the race. what does she do to grab that spotlight back? jon huntsman. lately, the former utah governor has kind of been criticizing all the other candidates saying they are too extreme to win a general election. does he continue that strategy? and for the other candidates, they really have to prove they are relevant. one more thing i will say if anybody messes up tonight, they get a second chance in five days. why? because on monday night, cnn, we have our own debate. a tea party debate in tampa,

florida. that will give somebody a second chance to fix something that goes wrong tonight. >> okay. you get a second time around. all right, paul. thanks. in libya, still nothing on the whereabouts of colonel moammar gadhafi, but reuters is releasing a fascinating home video of the gadhafi family. cnn's zain verjee live with the latest on that. >> reporter: let's just take a look at this video. it's actually really fascinating. it's unclear when exactly it was shot, but it seems relatively recent. this is video taken in the compound. and you see moammar gadhafi there with one of his granddaughters. and some other shots he's there with other children and his family. but you see he's playing with his granddaughter and you can't hear it, but the dialogue in it, he's saying, i am your friend. i'm your friend. don't you love me and she goes no. and he goes why do you hate me? am i not sweet? and she says no. but he is seen in these pictures as a pretty affectionate person

toward his family, his grandkids. there's another shot where he's cutting food for her. one of his sons is in this shot as well. so this appears to be in the compound. and it's fascinating stuff. a real behind the scenes look at the former libyan leader and the way he relates to his family versus the eccentric images and brutal history that we've seen in the way that he runs his country and his people. >> in addition to this video, have you been able to gather any new insight as to where he might be? >> well, kyra, if that's the million-dollar question. and if i knew the answer to that, i would be a total rock star. but unfortunately, it's just really difficult. i would. i would. i would be signing book deals. but, no, it's really difficult to nail this one down. i mean, the u.s. state department has said that he's not in the convoy. they believe that is in niger.

and his own spokesperson says that he's still in libya. he, himself has said he would die in libya. maybe he's fled to some other african country, some of whom were his buddies because he gave them so much money, because of the oil revenue. and he was very generous with it. so i don't know. >> well, when you see the video from underneath his compound and all the tunnels and the hiding rooms and the secret doors, he definitely knows how to run and hide. that's for sure. all right, zain. we'll still be looking for that book when you uncover the real scoop. coming up, which ivy league school is facing a wrongful death suit accused of doing little to protect female students on campus. also ahead, here's a scene we've had to endure for years. taking off our shoes at airport security checkpoints. well, guess what. that may change. i'm good about washing my face.

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try capzasin-hp. it penetrates deep to block pain signals for hours of relief. capzasin-hp. take the pain out of arthritis. checking out stories across the country. in carson city, nevada, a fourth person has died. 11 people in all were struck by the fire. the suspect later turned the gun on himself. >> all of a sudden, we heard a bunch of shots going off. loud shots. i mean it was crazy. we see people running out of the building. >> just started hearing what sounded like machine guns or fire crackers. it was loud. >> and in new haven, connecticut, the family of annie

le has filed a wrongful death lawsuit against yale university alleging the school did little to protect women on its campus. le was killed in a research lab in 2009. the university says the lawsuit has no merit. cnn's senior legal analyst jeff toobin will join us in a few minute with more about this case. in parts of new york and new jersey hit hard by hurricane irene, there some are changes to the start of the school year. in new york, some delays. in newark, new jersey, concerns over mold means a temporary reassignment of students to other schools. do you remember this guy? richard reid, the infamous shoe bomber. he plead guilty almost a decade ago for trying to ignite explosives in his shoes aboard an american airplane. he changed our security process forever. but guess what? there's a chance you may soon be able to leave your shoes on. former inspector general for the department of transportation joining us now via skype from charleston, south carolina. mary is this really going to

happen? >> well, it's not happening right now. in the future, it will because what tsa is working on is additional technology that will enable them to better scan shoes on the feet of the wearers. right now we still have to take them off when we go to the airport because that's where you can better scan them through the x-ray machine which will show explosives in different color. so the technology is being worked on, but right now it's still shoes off. but there's some promising technology out there. >> so, okay. because the talk from janet napolitano was that, i guess the feeling there is this could happen very soon. so give us a reality check. are we talking years from now? >> well, we might be talking months from now on some various pilot programs. remember, the tsa is changing up a lot of things. they're not going to be doing it the same way every time. and then trusted travelers, those who pass the preliminary scrutiny and provide enough data to the tsa may be allowed to go

through. now, remember, the body scanner machine will be able to pick up some devices in shoes. it just depends how they are hidden. and a metal detector, even a hand-held metal detector, a wand, will pick them up if scanned properly and the wound goes all the way down to the floor if there's metinal the shoe. there are already ways they can do it. what the technology of the future will be is that you can walk through and it will be able to detect the ions from the explosives while the shoes are on your feet, saving us all a lot of time. but that's at least months if not a year or so down the road. >> well, do i dare ask? does that mean liquids are not far behind? >> no, that doesn't mean liquids are not far behind. the problem with liquids is they are more difficult to scan. it's difficult to analyze what it is. particularly if they are in a sealed container. a lot of explosive detection equipment counts on being able to analyze the ions. do not look to be able to take gallons of liquid on board any

time soon. that rule will remain in effect for the indefinite future. mary schiavo, thank you. it was a mix of tears and laughter as kimmel paid tribute to cast member and family member, uncle frank. your showbiz update is next instead of being hot over coffee, the head of starbucks is hot over politicians. just ahead, his plan to get washington to wake up and focus on jobs. waiting for -- the dodge durango versus the ford explorer. two titans of the s.u.v. world. the durango -- the embodiment of sport, utility, and vehicle. the explorer -- the formidable opponent. which has the strength? which has the power? which has the ability to... oh, geez. the s.u.v. is back. [ female announcer ] improve the health of your skin with aveeno daily moisturizing lotion. the natural oatmeal formula

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jimmy kimmel breaks down during his late night show. celine dion's hungry burglar makes an appearance and you can soon own a piece of the duke.

showbiz tonight host a.j. hammer joining me this morning. first, let's talk about jimmy kimmel. during a tribute to his uncle he got pretty emotional, right? >> he did. and he paid a large portion of the show, he paid tribute to his uncle frank who died a few weeks ago. frank was an nypd cop, keer aand he worked on the show as well. funny, funny guy. very popular regular on kimmel's show. jimmy was pretty emotional about him when he was talking about his uncle last night. take a look at what happened. >> as you may have heard, my uncle frank who -- already -- has been a fixture on our show since our first night on the air in january of 2003 passed away over our vacation. he hated vacation. so he decided to ruin ours. >> he died on august 23rd. he was 77 years old. to hear the fans talk about him, they were really, really upset.

he sounded like such a sweet guy. very generous. obviously, very funny. we got to see him on the show all the time. i'm thinking we should all be remembered as fondly as uncle frank seems to be. >> and uncle frank, he's looking down, you know, totally recognizing how emotional jimmy got and also keeping a sense of humor. i mean, it was a beautiful mix there. all right. so speaking of a very interesting situation with celine dion and this guy that comes in and raids the fridge and draws a bath? >> well, you figure there's going to be good stuff in celine dion's fridge. here's the deal. celine dion and her family were out of town at the time this happened. police say this 36-year-old man broke into celine dion's home in quebec. was reportedly in the process of drag bath when he was arrested by police. now he reportedly got access to the home through an unlocked car parked in the driveway. it had a garage door opener

inside. he set off the silent alarm in the house. he did manage to steal at least one thing. they told reporters he managed to eat some pastries from the fridge. he's being charged with breaking and entering and is reportedly due back in court in november. i'm thinking it's celine dion. she's french canadian. maybe a pan de chocolate. >> i understand you are making a bid on this john wayne cowboy hat? >> yeah, i don't know. might not be in the budget. some of the duke's personal memorabilia is up for bid at heritage auctions. the wayne family is putting more than 700 awards, scripts, costumes, a bunch of personal documents up for sale. we're talking about some pretty cool items from wayne classics. the stetson he wore in "the man who shot liberty valance." stuff from "true grit." his eye patch and the hat are up for sale as well as the golden globe trophy he won. i might bid on the eye patch. that's kind of cool. previous for the auction plan in

new york, dallas, los angeles. the actual sale will take place in l.a. and online october 6th and 7th. so if you are a fan of the duke, kyra, start saving. some pretty cool items. >> i saw the opening bid on the eye patch. a little over four grand. >> for a piece of true john wayne memorabilia and the opportunity to wear it here on cnn, i think it would be well worth that. maybe a little more. >> there you go. and it was a great flick. thanks, a.j. if you want information on everything breaking in the entertainment world, a.j. always has it. every night, "showbiz tonight," 11:00 eastern on hln. you may remember this story we talked about a few weeks ago. starbucks' ceo howard schultz urging fellow ceos to withhold political donations until lawmakers get more civil with one another. well, now he wants you and me to take the idea just one step further. alison kosik is talking about it at the new york stock exchange.

alison? >> oh, yes, it's our turn now. starbucks' ceo wants washington to play nice in the sandbox. he wants everybody to find common ground. now he's asking for americans to go ahead and do their part. he wants them to contact their representatives. send them an e-mail. write them a letter and send it through the post office. pick up the phone and give them a call. urge them to stop bickering. schultz says it's your civic duty. he was on "american morning" today. listen to what he had to say. >> what i'm asking is a very simple question. let's have our elected officials put their feet in the shoes of americans who are unemployed, who can't make the payment on their house, who can't get access to credit. a fracturing of consumer confidence and recognize this is a sense of urgency that we need. please do your job. >> and schultz says you know what the problem is? the problem is lawmakers are looking through every issue as though they are looking through this lens and trying to get

re-elected instead of hammering out workable solutions. his point is use your voice. maybe if these lawmakers see the actual problems that americans have, maybe they'll get off their duff and do something. kyra? >> is schultz making any recommendation on how washington should handle all the issues we're facing? >> you know what? not really. he admits he's just the ceo. he's not an economist. but he does recommend cutting the corporate tax rate. but his overall theme is really all about cooperation in washington instead cysting at the stalemate. because what it would wind up doing is restore confidence among these big business leaders. >> how are the markets looking? >> they are looking pretty good. the dow up 180 points. we're gaining back what we lost yesterday. you are seeing a lot of optimism. a lot of anticipation ahead of president obama's job speech tomorrow. analysts are warning there's no silver bullet here. a lot of negative factors hanging on the markets. jobs, housing, confidence. once again, wall street is pretty optimistic about this speech. at least at the moment. kyra? >> all right, thanks, alison.

coming up, will rick perry's involvement in al gore's 1988 presidential campaign be a problem for his own campaign? political buzz weighs in. ♪ [ male announcer ] each of these photos was taken by someone on the first morning of their retirement. it's the first of more than 6,000 sunrises the average retiree will see. ♪ as we're living longer than ever before, prudential's challenge is to help everyone have the retirement income they'll need to enjoy every one of their days. ♪ prudential. bring your challenges.

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and checking top stories

now. an elite search team joining firefighters responding to the largest of the texas wildfires. at least two people have been killed. and 120,000 acres have burned. the death toll from the shooting at a nevada ihop restaurant has risen to four. the suspected gunman who family members say had mental health issues also shot and killed himself. and more apain for northeastern residents flooded out by hurricane irene. remnants could drop several inches of rain in several places now. all right. your political buzz. it's your rapid fire look at the best political topics of the day. three questions, 30 seconds on the clock. playing today, democratic strategist, daria, pete dominik and dana loshe. rudy giuliani will consider running for president if republicans are, quote, truly desperate. are they? maria? >> of course i think they are

truly desperate, kyra. but rudy giuliani is not the answer. but more than desperate, i think they are misguided. misguided in their attempts to continue to protect millionaires and billionaires at the expense of the middle class of seniors, of students, of workers. their attempts to continue to protect hedge fund managers again at the expense of middle class and working class people in america. so more than desperate. they are misguided. and that's their problem. >> dana? >> so long as they aren't a member of ge. i halfway agree with maria. i think rudy giuliani is not the answer. i don't think the gop field is desperate because there's been a litany of polls released showing that you don't even have to have a name as a republican to beat this president in the polls. you can be generic republican candidate and beat him. i'm being literal. that was the name of the -- the name of the republican beating him in one of the last polls. republican candidate. they don't even have to have names. they just have to be conservati conservative. >> pete? >> the truth is they will have names. but the fact is there definitely

are desperate if they are considering rudy giuliani. he's going to put his cape on and fly into the presidential race. he'll slam right into the wall. the truth is rudy giuliani is playing the sarah palin game. get his name out there, his speaking fees up. that's what they lot of these candidates are running for. not for vice president but to sell books. >> ron paul is attacking rick perry's support of al gore's 1988 presidential campaign. will this be something that works? >> that's so silly. this was over 20 years ago. he went on one press tour with al gore and voted for george h.w. bush. if ron paul is upset because one republican used to be a democrat then i used to be a democrat. i campaigned for bill clinton before i could vote. if you aren't going to be supportive of people when they finally do come to your side if you aren't out there to change hearts and minds, then what is the point? you have no idea why you are even out there. i think it's all silly. mangets rhea? >> i think itis cute and catchy

ad, but i think that ron paul is bank on people not remembering or not doing the research that in 1988 he actually ran for president as an independent because he was talking about how reagan was a traitor to the republican party for amassing huge deficits. so i don't think it's going to be an issue for perry. what's going to be an issue for perry are his misguided policies. >> pete? >> it's pretty interesting to find this out. i think it's an effective ad. the truth is, rick perry became a democrat earlier in his life than ronald reagan did but it's interesting to think that maybe if rick perry supported al gore at one point, he also supports al gore's beliefs in science. but he's on the record as saying he doesn't. but nonetheless, interesting. it's a good ad for ron paul's campaign. >> teamsters president jim hoffa says he will never apologize for calling the tea party sobs. is the story over or will it be

a problem the president will be forced to address? dana? >> i think he's going to have to address it. if jimmy hoffa jr. had said this on his own time, not at a presidential rally, but he said it and called americans sobs and then the president came out on stage, praised him, thanked him and told the crowd how proud he was of him. this is the rhetoric we're talking about. we had an ohio businessman shot for being nonunion. so i don't think these are just words. i think they are serious actions that come behind words like this. he's a union thug. >> maria? >> wait a second. news flash. a teamster named hoffa uses colorful language to describe a political opponent? i don't think it's news, kyra. and i don't think it's going to be something that is going to linger on. look. at least he didn't tell a fellow senator to go f himself on the senate floor like dick cheney did when he was vice president. >> pete dominik. >> i love listening to these two ladies. the truth is, i think this story was dead when you asked about it

yesterday, kyra. but dana if you go see her twitter feed you guys have to go to dana loesch's twitter. she's keeping this baby alive. >> is she using cuss words? >> it's an embarrassment to the country when you have something like this. >> but it could be brought back to life. not with dana's twitter feed. but if one of the candidates for president says something about it tonight. otherwise this baby is dead. nobody cares. >> all right. stay tuned. thanks, guys. coming up, a swift water river rescue is caught on tape. and terrified patrons duck for cover in an ihop when a gunman opens fire. with b vitamins, the first and only one to help support a healthy metabolism. three smart new ways to sweeten. same great taste. new splenda® essentials™. borrowed technology from ferrari to develop its suspension system? or what if we told you that ferrari borrowed technology

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checking stories across the country. the arizona republic is reporting an appeals court has ruled against the state for trying to deny health care benefits for same-sex partners of state employees. the governor may appeal. in marquette county, wis wirks tom and sue schroeder's christmas tree farm will have the distinction of sending its best tree to the white house. the couple was declared the

grand champion christmas tree growers in a recent contest. they plan to present their tree to the first lady in late november. first responders in stafford county, virginia, used their new motorized rescue boat for the first time ever to pull a man from a swift moving river yesterday. the man apparently fell from a boat and was unable to swim ashore. we're learning more about that suspect behind the shooting rampage at an ihop restaurant in nevada. thelma gutierrez is working the story for us. she has the latest from l.a. thelma? >> kyra, in about an hour and a half, the carson city sheriff's department is expected to hold a news conference. now we are learning more about the gunman. he's 32-year-old eduardo sencion. he's a resident of carson city who worked at a family business in south lake tahoe. sencion opened fire on a group of national guardsmen who were having breakfast at an ihop restaurant yesterday morning with an ak-47. four people were killed, including three guardsman and a civilian who happened to be in the line of fire.

in total, 11 people were shot in the rampage. investigators say sencion continued firing his weapon as he left the restaurant, shooting a woman in the parking lot on his way out. witnesses say people were running for cover and hiding under vehicles. >> all of a sudden, we heard a bunch of fire -- heard a bunch of shots going off. loud shots. it was crazy. we see people running out of the building. i asked some people that were running out, what happened? what happened? there were people hiding underneath cars telling me to call cops. and i was -- i didn't know what to do. i see people already calling so i didn't grab my phone at that time. and then when i heard the shooter was out of the building, i ran in to see if i can help and there was two people dead for sure with their heads just completely shot off. >> investigators found an empty 30-round gun magazine, a pistol and an assault rifle near a vrk. according to family members,

sencion had a history of mental illness and had no previous military experience. authorities did say they are searching for a motive. they say they are concerned because so many of the guardsman were in uniform when they were shot. sencion died in the parking lot from a self-inflicted gunshot wound to the head. >> thelma gutierrez reporting out of l.a. for us. thanks. a wrongful death lawsuit is filed against yale university. the family of annie le said her murder could have been prevented. we'll talk with our senior legal analyst jeffrey toobin next. [ jack ] what's for breakfast? um... try the number one! [ jack ] yeah, this is pretty good. [ male announcer ] half a day's worth of fiber. fiber one. with two children and no way to support them. people told me i wasn't going to do anything. and i just decided i have more to offer than that. i put myself through nursing school, and then i decided to go get a doctorate degree. university of phoenix gave me the knowledge

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in 2009, five days before her wedding, yale student annie le was murdered. now her family is suing the university saying that the school failed to protect women on its campus. cnn's senior legal analyst jeffrey toobin joining me with more. so, jeff, you point out this is going to be a tough case to prove. why? >> because what happened here is

an employee with no criminal record did a horrific, horrific crime and he's been caught and he's now been sentenced to 44 years in prison. but it is not clear what yale could have done or what yale has done in the past to make this crime possible. and so it's hard to think how a jury would fault yale for this criminal act of this one individual. >> the suit claims that yale created, i'm reading from the notes here, created a culture of tolerance that allowed aggressive male behavior. and, jeffrey, you remember when i covered the story out of yale, the delta kappa epsilon frat and these young pledges were walking around the university chanting about rape. i mean. pretty horrific things. and it was a ritual. and women on the campus had spoken up about this type of behavior in the past and nothing

was done about it until we made a national story out of it. so how do you -- is it tough to prove, in addition to this murder case, right, is it tough to prove a culture of tolerance for this type of behavior? >> well, it is tough to prove. and, you know, this is where the judge will have to make a difficult call if this case goes to trial. because yale will certainly argue, look. what these frat boys did was stupid. it was juvenile. it was embarrassing. but it had absolutely nothing to do with this crime. it is simply irrelevant to the issue of whether yale could have stopped this horrible murder from taking place in an office building. now the plaintiffs will argue, look. yale has a culture, has a tolerance for gross male behavior that could foreseeably lead to a crime like that. frankly, i think in recent years, judges tend to be more

restrictive in what proof they let in, so i think there it's going to be difficult for the plaintiffs to make a connection from the frats stupidity to this horrific murder. >> we'll follow it and see what happens. see if it maintains -- the case holds in itself. jeff toobin, thanks so much. two of nascar's biggest names battle it out at atlanta motor speedway. jeff gordon in car 24 pulled right in front of jimmie johnson on lap 276. held him off the rest of the way. gordon's third victory of the season, by the way. 85th of his career. here's something you don't see in major league baseball very often. the reds' brandon phillips running for home. he's going to be out by a mile. but instead, look at this. instead of plowing into the catcher, he tags him, hugs him. what's up? how your doing? let's get together. have a beer. then mariners' outfielder ichiro on the right and check out the

fan who looks just like him on the left. the real guy makes a great grab in last night's game against the angels. jumps the s at the wall. makes the catch. and then check out the fan look alike in the stands. taking a bow. thank you very much. he got some boos from the angels fans. ten years after the 9/11 attacks. say the death toll continues to rise. dr. sanjay gupta investigates the first responders' health. d . for those of us with lactose intolerance... lactaid® milk. the original 100% lactose-free milk. have i got a surprise for you! yeah, it's new [ barks beneful healthy fiesta. gotta love the protein for muscles-- whoo-hoo! and omega-rich nutrition for that shiny coat. ever think healthy could taste so good? [ woman announcing ] new beneful healthy fiesta. i'm a dad, coach,

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more details are coming in on this morning's crash of a commercial plane in russia. it happened just after takeoff. 155 miles northeast of moscow. 36 people are being reported killed. and we're now learning that russian, german and swedish hockey players were on board this aircraft. some of the players apparently do have ties to the nhl. officials have not identified those killed yet or the nine people believed to have survived. we will stay on the story. a few hours from now, lawmakers will gather at ground zero and file a petition on behalf of the emergency crews who responded on 9/11. they want the government's 9/11 health coverage to be expanded so it includes those first responders who have cancer. chief medical correspondent dr. sanjay gupta in new york. sanjay, you've spent the past year investigating the health of responders. how big of a problem is cancer

at this point? >> at the ten-year mark now, you start to have some real data. some real ability to look back now and try and answer that question. this is controversial, as you know, kyra. a lot of people back and forth. but a new study out now from the fire department in new york's chief medical officer, saying there is an increased risk of cancer. specifically looking at firefighters who were first responders. an increased risk of cancer if they were in that area, they were working on the pile as they call it. so he says about 19% increased risk of cancer which is significant. and he says if you add in all cancers, even cancers that appeared soon after 9/11, the number is closer to 32%. you know, kyra, obviously, there's a lot of people who are watching, who may they themselves have cancer, who worked on the pile or have loved ones and they say what is the likelihood that it was caused by breathing in that dust or air? and according to this lead author he says there is a significant likelihood. what was even more striking is that there are things called

cancer clubs, kyra. quite startling to me. groups of first responders who, they all got cancer. they were all healthy. they all got cancer. there are so many of them that they have cancer clubs that meet from time to time. take a look at one such cluster. >> one of my friends is a captain. he had multiple myeloma. another has the same lymphoma i have. >> how many people just off the top of your head right now can you think of that fall into that pattern that developed cancer after -- >> there are so many i hear of. every month is a couple more. >> every month? >> yeah. >> we do know there were carcinogens in there, even in the dust there were carcinogens. the question is how long does it take for people to develop cancers after they've been exposed to these compounds? >> it's a question that science has struggled to answer. but ernie vallibona has no doubt. he believes there's a connection

between his cancer and the dust. >> i firmly believe that. >> it's a tough thing to prove, isn't it? >> oh, sure. >> now, sanjay, you have some of the actual ground zero dust, right? tell me what's inside this canister and what might have sickened the members of this club. >> this is the dust. you are absolutely right. i will just say because it's a hard thing for some people to even look at. one of the responders that held this up said he literally got emotional. this is the most dangerous thing that i've ever held. this probably in and of itself, this is remnants of the dust. it's a wholly unique combination of chemicals, kyra. benzene mixed with mercury titanium, cement, jet fuel. it is one of the few reminders, thankfully in some ways, of what happened on that day. but also from a scientific and medical perspective, what people have been analyzing and poring over, trying to figure out what

was all of that dust and what could it do to the human body. they have more answers to that question than ever before. some of this is still unknowable because, as you might imagine at that time, there were volatile gases that just got released into the atmosphere that were never able to be collected. so even this dust that we have and people have been studying is an incomplete picture, kyra. >> so just, i guess, a few hours from now, lawmakers and union leaders are going to gather there at ground zero to sign this petition requiring the 9/11 health program administrator to consider adding medical coverage for first responders with cancer. now i have to say, i think a lot of people are probably pretty shocked right now to hear that cancer treatment is not even covered right now. >> i think they are shocked. and i think, you know, the fact that the study just now coming out ten years later, the first more definitive evidence of this link between cancer and dust, i think, is also surprising people. people thought this was a settled issue. is not.

even in july of this year, this issue was evaluated and they said cancer will not be covered. will not be covered under the zadroga will do which you are referring. having investigated this for a year, it's an incredibly emotional issue. some of the first responders you just met, they have no doubts in their mind. their doctors have told them. they've gotten sick. they believe it's due to the dust. but still, the -- people who are deciding on this compensation want the science to be absolutely crystal clear. >> yeah. all right, sanjay. appreciate your reporting. and -- >> thanks for having me. >> my pleasure. you can see sanjay's full investigation of the health fallout from 9/11. rare, never seen footage of the aftermath of that disaster. it's sanjay's documentary "terror in the dust." it's going to air tonight, 11:00 p.m. eastern. and then this sunday, tune in to cnn's live coverage of the ten-year anniversary of 9/11. and stories making news

later today. 1:00 p.m. eastern, nasa holds a teleconference to hold information about solar flares that can impact communication. president obama hosts jimmie johnson at the white house. and then later tonight at 8:00 eastern, a debate for republican presidential candidates takes place at the ronald reagan presidential library in simi valley, california. coming up in the next hour, fires tearing through texas. some folks forced to evacuate are now coming home. but many of them are returning to nothing but ashes. we're actually going to talk to one woman in austin that's lost everything. that's coming up. be perfect. crisp, clear, untouched. that's why there's brita, to make the water we drink, taste a little more, perfect. reduce lead and other impurities with the advanced filtration system of brita. reduce lead and other impurities [ engine revving ]

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giuliani joking about how he could wind up in the white house race. paul steinhauser has the story. he's always got something at a speech that makes folks laugh. >> oh, yeah. he always has a good one-liner or two. four years ago he ran for the republican nomination. didn't do so well. dropped out. this year flirting with it saying maybe i'll run, maybe i won't. at a speech yesterday at the national press club he certainly sounded like he was not so interested. take a listen. >> if i think we are truly desperate, then i may run. which is the way i got elected mayor of new york city. do you know what my slogan was? you can't do any worse.