make do with what she has at this point. what's interesting is that betty's not alone. she told me when we spoke last that what she's feeling is a common feeling among a lot of her friends. she even said that some of her friends feel like, at an older age, they're being discriminated against when they try to find work. you can see more of our story on betty, it's all on cnn money. >> thanks, as always to our poppy par low. let's hand over to randi kaye who picks it up in the newsroom. >> hi there, t.j. thank you. hello, everyone. i'm randi kaye. it is 1:00 p.m. eastern time. let's get right to the news. good news for investors today. we're seeing a big surge in markets. the dow is up 417 points. today is the third straight day stocks have rallied. central banks in the u.s., and china will increase lending. the move is expected to lower short-term borrowing costs for troubled european banks. herman cain's alleged

mistress is adamant that she's the one telling the truth about what she called a 13-year on and off again affair. in what could be another devastating blow to cain's campaign, ginger white told abc's "good morning, america" she, quote, can't make this stuff up. during her first interview with waga, white showned phone records that detailed nearly six dozen calls and text messages between her and cain. some as recently as october and even this month. cain denies the affair. as herman cain is reassessing his run for the white house, he is kicking off a bus tour in the key swing state of ohio today. but listen to what white says about cain as president. >> i was a very casual affair. am i proud to admit to that? no, i'm not. >> do you believe that mr. cain is fit to be president, or should he end his campaign? >> in my opinion, no, i do not. i honestly do not think that he is, in my opinion, would make a

good president as far as i'm concerned. >> this is how cain responded during a stop in ohio today. >> but all of the mess going on over the past several weeks where they've been trying to do a character assassination on me, some of them even predicted that this room was going to be empty today. i don't think i see any empty seats in here. >> when asked if he was ending his campaign, he simply repeated, we are reassessing. a new alleged victim has hit penn state, jerry sandusky and his charity second mile with the first civil lawsuit since the scandal broke. the alleged victim's attorney just revealed the details in a news conference a couple of hours ago. the attorney alleges sandusky sexually abused his client who is remaining anonymous over 100 times. >> he has now, with our assistance, reported this to law enforcement. and he has now begun the process of recovery.

and he's now taken this action courageously, on his behalf and all of the other survivors. >> tonight penn state students get the chance to ask the hard questions, and demand answers from school administrators. the university is holding the first of its three campus forums for students. the forum takes place as the department of education begins its federal investigation into penn state. hillary clinton became the first u.s. secretary of state to visit myanmar in more than 50 years today, following concessions by the new government. the reclusive southeast asian country also known as burma has been under military control since 1962, and is undergoing a period of rapid political change. the white house says reforms with cautious optimism but the trip is an indication that the time could be right to forge a new relationship between the nations. the man who shot president ronald reagan is asking a judge today to eventually free him from a mental hospital. john hinckley jr. has been a patient at a federal mental hospital in washington since

1982, when his trial ended in a verdict of not guilty by reason of insanity. a judge began hearing arguments today that hinckley, now 56, should be able to spend more time outside the hospital, eventually even full time. prosecutors oppose the plan, saying hinckley is a man capable of great violence. the hearing will last for eight days. a sign of a tough economy. more and more kids are bereaving free or low-cost meals in schools today. according to "the new york times." the proportion of fourth graders eligible for free or reduced-price lunches through the government's school meals program has increased nationwide to 52% from 46% since 2007. families of four with incomes between $29,055 and $55,348 are eligible for reduced-price meals which cost 40 cents or less. the u.s. agriculture department has slapped the parent company of the greatest show on earth with a record penalty for alleged animal rights violations. according to a usda news

release, field entertainment which produces the ringling brothers and barnum and bailey circus has agreed to pay $270,000 for allegedly systematically abusing and exploiting elephants. as part of the settlement the company admits no wrongdoing or violation of usda policy. well, hurricane season officially ends today. take a look at this video from the national oceanic and atmospheric administration showing all 19 tropical storms, of which 7 become hurricanes, including 3 major hurricanes. the storms led to 120 fatalities and more than $11 billion in damage. hurricane irene alone accounted for 43 deaths, and $7.3 billion in damage. cnn's own larry king is part of a group hoping to buy the los angeles dodgers. while king's stake is relatively small, he says the possibility of ownership would be a huge thrill. >> it would be a thrill of a lifetime to be a part owner,

partial owner of a team i grew up root being for as a child in brooklyn. >> the team's current owner agreed to sell the franchise after a six-month legal battle with baseball commissioner bud selig. well, it is 74 feet tall and is decorated with 5 miles worth of lights. this year's rockefeller center christmas tree will be lit this evening in new york, and tens of thousands are expected to attend with mayor bloomberg helping flip the switch just before 9:00 p.m. eastern time. well, first, it was former nfl players. now college football players. how are they trying to bring awareness to brain injuries on the field, by moving concussions, into the courtroom. but first, if you're worried about the state of the nation's youth, meet michael, johnny and antonio. these florida teens rescued a 3-year-old who nearly drowned in a canal monday. the toddler wandered right into the water from a backyard. two boys jumped in while the third reached out his hand and pulled that child to safety.

the 3-year-old is expected to be okay. police are investigating the parents, and how this happened. but for your self-less act of courage, mike, johnny and antonio, you are today's rock stars. ♪ hold my hand hold my hand ♪

welcome back. i want to tell you about someone. his name is darrick owens. he is number 7 in this picture right there. derrick used to be a straight-a student and a college sports star. but all that's changed. he news lives with migraines and can never play a contact sport again. all because of concussions he suffered on the football field. now, derrick and three other former college athletes are

suing the ncaa in what could be a game-changing class action lawsuit. this follows similar lawsuits filed against the nfl this year. in this suit the college students claim the ncaa was negligent in awareness and treatment of athlete's brain injuries. that's why we're giving some face time today to attorney steve berman who represents the four players in the lawsuit. he's joining us from seattle. steve, nice to see you. what happened, exactly, to derrick, and your other clients, that have them bringing this lawsuit? >> well, there's a similar pattern that they all went through. namely that they suffered concussions. in many instances they didn't know that they'd suffered a concussion because they weren't, quote, knocked out, or they didn't black out. there was no investigation by trainers, or coaches. they were returned to practice. and your brain's like an eggshell. after a number of cracks, it begins to deteriorate, and your performance, your cognitive abilities, deteriorate.

and that's what's happened with a number of the 34r6s. their grades have gone down. they finally, on their own, not through the schools, went to doctors, found out that they had suffered brain injuries, and that they needed treatment. >> i want to share just a portion of what you say in your lawsuit with our viewers. it says the ncaa has engaged in a long-established pattern of negligence and inaction with respect to concussions, and concussion related maladies sustained by student athletes, all the while profiting immensely from those same student athletes. now that is the core of the complaint. but tell us exactly what you mean by that? >> well, we documented in the complaint studies over the last 15 years that have shown that student athletes, in particular sports, not just football, but also soccer, are getting concussions. that they don't realize they're getting concussions, and they need to be educated, and promptly treated. the ncaa received these studies, or should have been aware of these studies, but has not done anything about this problem.

instead, you know, like darrick owens, they're not educated to recognize when they've had a concussion. no one is watching out for them. and so, they're left untreated, which is a harmful thing when you're talking about an injury to the brain. >> i do have to ask, know, a lot of people wonder if you say to the ncaa you should have known about these and how to treat these concussions and the risk of these concussions, shouldn't the players have known about them, as well? isn't some of the burden on them? >> i really don't think so for two reasons. number one, take derrick owens. one of the concussions, the symptoms was vomiting. he started vomiting after a hit. that's a classic concussion symptom. no one educated him that it was. so he wouldn't go to a doctor or even seek treatment. he just thought it was part of the game. the second answer is that, when these kids are hit, you know, they don't sometimes have the wherewithal in their brains because their brains have been injured, to recognize and act responsibly. but, take the hit that derrick owens, everyone in the stadium

went oh, my god, is that kid hurt? yet no one from the team checked up on him. they sent him home and told his roommates to keep an eye out and wanted him to wrurn to practice. >> i want to get your reaction to the ncaa. we reached out to them. they didn't give us a statement but the general counsel did issue a statement to "the new york times" saying that the ncaa is an attractive target for opportunistic plaintiffs' class action lawyers, adding that to date none of these cases have been proven to have merit. so i'd like to give you the final word there. >> well, i don't know what he means by none of the cases have merit. this is the first case. and we wouldn't have brought it if we didn't think we have a just cause. >> steve berman, appreciate your time. and do keep us up to date on what's happening with this. thank you very much. >> thank you. warnings, detentions, suspensions, all ways schools can discipline kids. but should they be arrested? a closer look at one school district, next. i'm just a piece of dirt stuck here in a rut.

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airfare credit, plus save up to 65%. call 1-800-sandals. certain restrictions apply. detention, demerits, suspension, expulsion. schools have lots of options when students cross the line, and here's another one. arrest. real by the book arrests by real police officers. it's under cover but it happens. and in new york city it apparently happens a whole lot. look at these numbers released from the nypd. from the 1st of june to the end of september officers made 63 arrests. that's in 50 class days. most of which, obviously, were summer schools. they issued 182 citations. and even though african-ameri n african-americans make up less than 40% of the new york school population, they're almost 70% of the arrested students. one in four of the arrested students is hispanic. i want to get some perspective on this now from pedro nogera, an urban sociologist and

professor of education at new york university. profess professor, do these numbers surprise you? >> no, unfortunately, they don't surprise me. because this has been going on for some time now, especially in new york city. what we're seeing is really the inappropriate use of police officers in schools. arresting students for incidents that were never treated as criminal in the past. >> how would you say these numbers compare when you look closer at them? how do they compare to other big school districts? >> well, in the cities that have adopted the use of police officers for the purpose of ensuring safety in schools you're seeing similar patterns. you're seeing what i'm calling the criminalization of young people in schools. which starts a process of introducing them into the criminal justice system. i think disproportionately you're seeing that occurring with minority males. >> do you think that police really have any police in schools at all? >> well, yes, i think that there are schools that are clearly unsafe. in neighborhoods that are unsafe. and it's necessary to ensure

that children are attending schools that are safe and orderly. and if police are required to do that, then absolutely you need a police presence. however, you also need police that are rereporting to the educators, the principal in charge, to make sure that they're being used appropriately. that children are not being harassed in schools, unnecessarily, and that they are the focus on learning and not being harassed by police officers. >> what do you make of the claims by the new york civil liberties union saying they see a racial component here. do you? >> well, i think the racial disparity, to me, is significant but it's not the main issue. the main issue is the inappropriate use of police officers. new york city schools are heavily minority, so you're going to see a majority of the students, in almost any day that will be minority, black or hispan hispanic. the big issue to me is that these students are being arrested, and cited, and losing school time, for offenses that are not criminal in nature. they are riding a bicycle on a sidewalk, cutting class,

disrupting a classroom. these students should be held in detention. they should be made to do more work, not less work. they should be -- we should really focus on how to address the underlying causes of behavior rather than sending them to the criminal justice system. >> so what is the answer then, focusing on that? >> that's right. the answer is how to reconnect kids to learning. i keep reminding people that the goal is to keep kids in school. and the schools that are safe already, and there are several in new york city, that find ways to keep kids safe, without relying on police officers, are doing it by really focusing on academic engagement, on focusing on providing good counselors. we now have more police in schools in new york city than guidance counselors. it shows you a distortion of the priorities. i think it's really returning to the larger purpose of school and the focus on academic engagement that will get us the safety that we need, rather than thinking we could find it through police officers and metal detectors. >> appreciate your perspective. thank you. the chancellor of new york city schools tells the new york daily news that he will exam be

the racial dimensions of the student arrest data but he points out crime in schools is down by almost half since 2000. the allegations against a former syracuse coach keep piling up and one of bernie fine's accusers opens up to cnn about their alleged relationship. >> you would go to bernie fine's house? >> every day. >> and why would you go there? would he invite you? >> it was like my home. i can go there any time i wanted to. >> why he says he came forward to try to stop the abuse.

welcome back. just moments ago our jim acosta got a very quick one-on-one with herman cain, the man who is debating whether to stay in the race for the president. jim joins us on the phone right now. jim, what did he say? >> randi, you know, we only asked him a couple of questions. that's all the time we had. he was doing the rope line inside a marriott owe tell in dayton, ohio, after wrapping up a speech and i just asked him very quickly, are you vowing to they in the race? and all he would say is, we are reassessing and re-evaluating. and then i asked him again, does that mean you're staying in the race, and he only responded, we are re-evaluating and reassessing. then i asked him, when will you have a final decision on your future plans and he said within the next several days. so, it sounds like herman cain is not going to drop out of this race today. it sounds like he may not drop out at all. listening to his speech inside this hotel a few minutes ago, and he was very defiant saying that character assassination would not drive him out of this

race. when he asked him specifically on the record on camera, whether or not he is going to stay in this race, he did not give us a straight answer. >> jim, does he seem at all worn down or frustrated by all of this? >> if anything he looked emboldened. i have to say, he gave a very fiery speech here. it was basically his standard stump speech. it had most of the one liners that people who have covered him closely have heard before. but he really whipped up this crowd here. he had a very large crowd inside this ball room. just a few moments ago. and they were eating it up. they were shouting back to him, randy, don't get out of this race. stay in the race. we need you, herman cain. so, the candidate was defiant, and so was his audience. >> jim acosta, nice gift. getting a quick interview there with herman cain. thank you for that reporting. it was an emotional outburst that hasn't happened at syracuse university in weeks.

the men's basketball team and head coach jim boeheim had their first home game last night since the firing of longtime assistant coach bernie fine amid sexual abuse allegations. at least three men accuse fine of molesting them years ago when they were boys. after the game, which syracuse won to remain undefeated, boeheim talked about the scandal that broke earlier this month. boeheim said he doesn't regret initially backing fine, support he says was based on what he knew about the case at the time. but he says that at the end of the day, he's responsible for what happens on his watch. >> ultimately, the head coach is responsible for everything. i think you knew that, didn't you? everything that i can control. i hold myself responsible for. >> in another new development, one of fine's accusers is speaking out for the first time. here's national correspondent gary tuchman. >> the second accuser in this case is bobby davis' stepbrother mike lang. mike lang is 45 years old. he says he was a ball boy for

syracuse university for about 15 years beginning when he was in junior high school. he said he did not talk about these accusations because he felt helpless and embarrassed. but he's speaking out now. and he talked to us earlier. he'd invite you to his house and you'd go. you would hang out there. >> right. i'd go over there every day. >> and most of the time you would just watch tv or study? >> watch tv, rake his lawn. do whatever i wanted to do. it was like my house. you know. >> so you considered him like a fatherly figure? >> yes. absolutely. >> but when did you realize that there was something wrong with what he was doing, what he would do to you? >> he touched me -- he kept touching me. >> so where, though? >> in my leg and my penis. >> and did you say something to him? >> yes, i said bernie, please stop this because i'm not kind, and i won't tolerate it. if you don't want me to come over here no more, i won't come over here. but if you keep doing it, i'm not going to come over here. >> but you were a kid and you knew this was wrong. and here's this grown-up man doing this to you. and when you said this to him,

stop doing that, what did he say to you? >> he didn't say nothing, he'd just move his hand and then he wouldn't do it for the -- for the -- that night. >> this is gary tuchman, cnn, in syracuse, new york. and in another development, syracuse police say the police chief in 2002 was aware of sexual abuse allegations against fine, but current chief frank fowler says that because the abuse stopped 12 years earlier, a report was not filed because the statute of limitations had passed. fowler says that policy has been changed and that all future reports of sexual abuse will be formally documented. newt gingrich calls himself a washington outsider. >> what you see now in a bipartisan basis in this city is a desertion of lincoln. government of the insiders, by the insiders, for the insiders. >> but hasn't gingrich been in politics for decades? can he convince the gop he's not one of the insiders? that is fair game, and it's next. but first our political junkie question of the day. if an alleged affair drives herman cain from the race for

president, he won't be the first. who was the last candidate for president at the time the front-runner driven from the race by allegations of infidelity. bonus points if you know who won the nomination for his party in that race. tweet me the rate answer to @randikayecnn. i'll give a shout-out on the other side of the break.

we asked if you could name the last presidential candidate forced out of the race by allegations of infidelity, and who won the nomination. well, here's the answer. in 1987 gary hart, popular senator from colorado and the front-runner in the democratic race, suddenly dropped out when allegations of his affair with donna rice surfaced. michael dukakis, the governor of massachusetts, won that nomination. and now a big shout-out to chris o'sullivan. he is the first one to tweet me the right answer. you are the man, chris. nicely done. newt gingrich is breathing the rarefied air you find at the top of the polls. but success brings scrutiny, of course. can he win the nomination with all his baggage, political and personal? never shy, he's actually on the attack. his target -- the president. >> obama can't possibly win an election that's fair. the only way he's going to win is to so destroy the republican, the people decide reluctantly that he is less disgusting than

his opponent. so they will run a campaign of astonishing dishonesty. >> classic gingrich. but can he survive the scrutiny? it is all fair game, with me today, doug hye, republican strategist, roland martin is a cnn political analyst. they both join us from washington. roland comes ready to play. >> of course. >> i'm going to start with doug, here. so, doug -- if gingrich gets the nomination, doug, could he stand up to the type of campaign that he says democrats will employ? >> i think he's ready to do that. you look at what's happened with the gingrich campaign over the past year. it's very similar to the mccain campaign. it fell apart a little bit. people didn't take it seriously. people had written him off. but he's slowly and surely built himself up. if you've watched newt gingrich's career over the years, he's been criticized a lot for being undisciplined. over the past year he's been very disciplined, very focused, very clear and consistent in the debates. i'd look forward very much to a debate between newt gingrich and

president obama. i think he could win it. >> roland, we know that newt gingrich is trying to paint himself as a washington outsider. not an insider. do you buy it? >> for a second, randi kaye. if that was a democratic candidate, with all of newt gingrich's baggage, and he tried to say, i'm an outsider, when he's been an insider, doug would be licking his lips saying, oh, my god, we're going to tear this guy apart. there is no way in the world newt gingrich, the former speaker of the house, can stand there and talk about insiders in washington. he has essentially been peddling his influence, with all these people supporting his various interests. now he'll say these are all my ideas, but they are there by access to state officials, and federal officials, and he knowles it. and you would think tea partiers, who have been saying throw the bums out, the last thing they want to do is put a bum back in. >> doug, you want to respond to that?

>> well, in an anti-incumbent atmosphere, you know, that's something that newt gingrich, having been elected so many times, being a former speaker, will have to address. but what we've seen is on the stump, he's really been at his best. for a lot of people it's been a surprise. but we know that that is how newt gingrich really galvanizes support with talking about real ideas and actually a lot of straight talk, too. and that's what republican voters want to hear. >> randi, it's real interesting, because we saw former president bill clinton come out and talk about how newt has re-energized himself because of his ideas. if you go back to 1991, '92, in essence, bill clinton knew he had skeletons in his closet, the bimbo eruptions. you go back and study that campaign, bill clinton tried to make it all about ideas, ideas, and the economy. i think newt gingrich has actually studied the clinton campaign in '92 to say, focus on the economy, downplay your personal problems when it comes to your marriages, divorces, and cheating, and say it's all about

the -- >> oops. all right we lost roland there for a moment. doug i'm going to continue with new the meantime. >> sure. >> certainly gingrich is getting some criticism about the fees that he got from freddie mac. how do you think that's going to play? >> well, that's something he'll have to directly address. he'll have to make very clear that, and the laws, fortunately for former speaker gingrich are very clear on this, about what is lobbying, what isn't lobbying. he'll be able to address that pretty clearly. but he'll have to convince voters that this is something that not only is acceptable, but also is something that is an asset for him in his campaign. >> so -- >> no, doug. >> oh, roland's back. >> i'm back, doug! >> i hear him. >> i'm back, doug. it's a little hard to stand there and condemn fannie mae and freddie mac when you took almost $2 million. and i get the technical aspect of who they're lobbying. but the reality is, doug, you have been in this town, we know how it all plays. those two entities had republicans and democrats, and

they put them on the payroll, because they knew about their influence, and how they could impact members of congress from their respective parties. so newt can't stand there and say, oh, no, i will let historian. right. we can read a history book. he was there because he's a former republican speaker of the house. so technically, he wasn't a lobbyist. but he was there for his influence, and he knowles it. >> but we should point out he's not registered as a lonbyist. and he says he is not a lobbyist. >> right. but read in the book where the carlyle group would say oh, no, former president george h.w. bush, he wasn't going out lobbying for contracts. when you knew when he had lunch at the saudi royal palace, he was there to hook up some contracts. and so, that's the washington, d.c. potomac two-step. i'm not a lobbyist, but i'm an influencer. >> are you going to teach us the potomac two-step one day, roland? >> oh, yes, it's very similar to the texas two-step, except this one their mouths are moving.

our feet are moving. >> let's give doug the last word here. >> sure. obviously it's going to be a difficult thing to do. and it's one of the challenges that he's faced. as other issues have come up he's faced these challenges, too. a lot of people have written off newt gingrich not just during this campaign but two years ago, four years ago. no one thought newt gingrich would be a force in the republican party, or in politics as a whole. we'll see if he can climb that last hill. but he's done really well, again being clear and consistent with his messaging. >> doug heye, roland martin. i know you tried to disconnect, you pulled that satellite plug. >> that's another two-step. >> thank you both. that was fun. and that is "fair game" for today. anti-austerity protests have taken place all over europe, and today mass strikes have begun across the european country due to proposed pension reforms. do you know what country we're talking about? the answer next in "globe trekking." across our country... ... scientists, technicians, engineers, machinists... ... adding nearly 400 billion dollars to our economy...

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welcome back. let's go "globe trekking" to the united kingdom where public sector workers are taking to the streets today to protest government pension cuts. this battle to rein in britain's deficit has impacted the stock market in the u.s. cnn's richard quest joining me from london. richard, nice to see you, as always. who exactly is striking there? what's being affected? >> all right. public sector employees were on this one-day strike. it was a nasty strike involving many tens of thousands of employees. primarily, it affected schools. it affected hospitals. it affected border controls. and it affected some emergency services, like ambulances. i have to say, however, that british prime minister david cameron described it as a damp

squiff saying that in many places there were -- things were not normal, but not as bad as feared. but the importance of this strike is that it's a first of its kind for about 20 or 30 years. there's a deep, deep unhappiness, an unease by public sector employees because their pensions are about to be attacked by the government, and made less favorable. so taken together, this is the first of what i fully expect will be more. >> and was the announcement that we saw today by the central banks, i mean, to add to the liquidity, i mean, was that the move, do you think, that the markets were waiting for? >> well, i mean, that was the interesting part about today. you had the strikes in britain, over austerity and what's happening. and then you have the six central banks all coming to the and issuing liquidity, and it complicated swap deal. all you need to know about why the market is roared up, the dow

over 400 points is this, relief that somebody is doing something about a crisis in europe that's threatened to get out of hand. in addition, the u.s. had adp unemployment numbers better than expected. in addition, china is pumping some more money into the economy to make sure that china engine keeps going. put it all into the melting pot of the global economy, and you do have this whew, thank goodness somebody's doing something, and that is what this relief rally is all about. >> yeah, the markets are happy. and the investors are happy, as well. >> absolutely. but, look, okay, i've built it all up, now let me knock it all down. >> oh, no, i knew this was coming. >> this, i mean, you know, this could disappear in a moment. the eurozone still has the most breathtakingly complicated problems you can imagine. and there's still a long way from being solved.

the u.s. hasn't solved its budget debt crisis by any stretch of the imagination. economies are slowing down. so, let's give thanks for what we've got today, but don't necessarily take it to the bank, because it might be scotch mist for tomorrow. >> all right. well, i was feeling pretty good about things. but not so much anymore. richard quest, nice to see you, i think. have a good day. >> sorry. >> immigration fears lead to one undocumented teen's death. the message this man hoped to send with his dream act suicide. ♪

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and welcome back. a teenager in texas, with dreams of being an engineer, felt his status as an illegal immigrant would keep him out of college and deny him a career.

his family says the pressure drove him to suicide. rafael romo has his story. >> joaquin luna was only 18 years old. a senior what juarez lincoln high school in mission, texas, dreamed of going to college. but since he was in the country illegally, that was nearly impossible. >> he just saw no other way or no other option. >> reporter: his brother says joaquin wanted to be an engineer. the sketches he left behind show his ability. but he was quickly losing hope of ever going to college, his family says. last friday, according to family members, he went to the bathroom, and shot himself in the head. >> a suicide, i could see the bullet hole, and there was no movement, no signs of anything. he was gone. >> reporter: he says the letters his brother left behind reveal his fears about being in the country legally. he was also frustrated the dream act never passed. the initiative of realized young

immigrants who have been in the country for more than five years, if they attend college or served in the military, the dream act faell five votes shor last year. a new push by democrats in congress didn't go too far, either. republican lawmakers called the bill blanket amnesty and have strongly opposed it. >> it is a band-aid. and maybe worse it will provide an incentive for future illegal immigration. >> reporter: the dreamability was also a hot spoto issue in the recent cnn debate of republican presidential candidates. >> the federal dream act, which would offer taxpayer subsidized benefits to illegal aliens. we need to move away from magnets, not offer more. >> i don't see any reason to punish somebody who came here at 3 years of age but wants to serve the united states of america. >> reporter: back in texas, mendoza is thinking of other young immigrants like this brother. >> it's like all these kids who are here, they're all dependent and that dream act, to keep on studying. >> reporter: but with the congress unable to reach a compromise to reduce the

deficit, and presidential elections less than a year away, the chances of any immigration reform seem very unlikely. rafael romo, cnn, atlanta. >> thanks rafael. well, the holidays are here. yes, they are. and so is the battle between tradition, and political correctness. see how controversy over politi correctness. what to call this tree is getting political. but before itunes and youtube there was napster. eventually the courts outruled the free part and the music industry was forever changed. this week the name that unleashed a digital revolution, the victim of a corporate buyout. sorry, napster, your 15 minutes are up.

let's check stories making headlines at street level. in road island, the evergreen tree will be referred to as the holiday tree rather than the christmas tree. the governor says the label is in keeping the founding of state diversity. some call him governor grinch, he says it's a continuation of a past tradition, not a change on his part.

next, suffolk county, new york. a number of whooping cough cases four times the number from parents uneasy. it's highly contagious and develops into a violent cough that can last for weeks. next to san diego, where marijuana dispensaries are shutting down in droves. 139 of 222, 62% of all marijuana outlet's have closed in the last eight weeks alone following a federal crackdown. more shutdowns are occurring in criminal prosecution. marijuana medical is illegal under federal law. a man was arrested at his

home after an officer recognized him at a surveillance video released from the evening in question. he is alleged to have run down albert after an altercation on thanksgiving. he still remains in the hospital. there was the oklahoma city bombing, april 18th, 1995, a truck bomb ripped through this building and it included a daycare on the second floor. at the time, it was the worst terrorist attack ever on u.s. soil. the bomber, timothy mcvey was executed. you would think that every would be happy to see terry nichols rot away in prison. but not this lady. she lost two grandsons and she

forgives terry nichols. she joins me on the phone from oklahoma city. you've been corresponding with terry nichols for the last eight years or so. i'm curious, what caused to you reach out? >> well, after his trial and he didn't get the death penalty, i was very angry for a while and we needed to leave that alone. so i wanted to talk to terry. and i have never believed that the government has told us the truth about what happened here that day. so i had a friend to get terry's address. he was in oklahoma in prison and i wrote him a letter and i said, now that god has seen fit to spare your life again, it's time for you to tell us what really

happened. and i really didn't expect terry to answer my letter but he did. >> you lost your two grandsons in that bombing. how long did it take you to forgive terry nichols? i was angry for nine whole years. >> and what made you forgive him. and he said based on all of the pain and heartache that i've caused you and your family, please forgive me. and god said in order for him to forgive me, i've got to forgive terry and that's what i started working on. it took a long time and a lot of praying. but i got rid of that anger. >> and would you like to see him

released one day? if the governor can shave him, put him on the witness stand and let him lie, he serve a minimum time, i think terry nichols should, too. >> what do you talk about? tell me some of the things that he has said to you. there's a lot of people wondering what he thinks about all of these years locked away. so what strikes you? >> terry and i talk about his mother because i got to know his mother during his trial in november. she would see me in the courtroom every morning and we would sit together and she would talk and terry saw me sitting with his mother and he appreciated that. and we talked about his son, that -- in prison. we talk about aaron and elijah.

if it's close to their birthday, i remind him. their birthday is in september. >> and he is full of guilt when you talk about the loss of your grandsons and the others? >> in one letter terry said, my heart bleeds every day for what i've done. and a lot of people don't believe him. a lot of people think terry is just playing games. i don't. >> has he ever told you why he got involved with this horrible nightmare? >> terry told me that it was the worst decision he has ever made and it's just a part that he apologized to me. we talked about him, about

capital punishment. i said i don't believe in it. terry does. and i don't understand that part. >> it sounds like you've had some very interesting correspondence with him. jannie, i appreciate your time and i'm sorry sorry for your loss of your grandsons. if you'd like to hear about the show, follow me @randykayecnn. good morning. rapid fire, let's go. the market numbers went way up today. the dow up 391 points here. the fed decided to work with central banks to support the global economy. in fact, the senior equity trader said it's the first time we have seen this type of global coordination since november 2008. we're going to have reaction coming up from forbes magazine

in a matter of minutes. also, penn state has been hit with the first civil lawsuit in that whole sex abuse scandal. a lawsuit was filed against jerry sandusky, the university, and sandusky's charity. the alleged victim is now identified as john doe. >> it is jerry sandusky who abused him and violated his trust as a child for over four years. >> the lawsuit claims sandusky molested him more than 100 times starting when he was 10 years old. >> embattled gop presidential candidate herman cain back on the stump today. he's make a three-stop swing through ohio. he's reassessing his campaign following allegations of a long-time affair with an atlanta woman but the candidate says he

is not quitting and is not deterred as he tries to get back on message. >> all of the mess going on over the past several weeks where they have been trying to do a character assassination on me. some predicted that this room was going to be empty today. i don't think i see any empty seats in here. >> more on the specific allegations against herman cain and his reaction. also, the american suspected in the disappearance of his traveling come come pan john gary giordano is a free man. the prosecutors are appealing that. >> we're hoping, of course, this is the end of it. however, he's not running. so if they have a legal basis to require him to come back, he's going to come back. and it is an emotional day

for friends and family of robert champion, the funeral for the former a and m student. the 26-year-old drum major died after a hazing incident. they say the band hazing incident had been covered up for generations. and call it the bada bing immigration sting. women brought here to work as strippers at mafia-owned bars. they have been arrested today and some of these defendants arranged sham marriages between the foreign strippers and u.s. citizens. the british embassy in iran is officially closed. the doors were slammed shut after protesters slammed the facility earlier this week. they say it does not amount to a

severing diplomatic relations but reduces them to the lowest level possible. britain also evacuated all embassy staff and now france, france recalling it's ambassador from iran as well. a new search under way for a florida mother who vanished after appearing on "the people's court." searchers are just beating the bushes here for clues to michelle parker's disappearance. they are searching around a lake where the last ping of her cell phone was picked up. children services took the children 3-year-old twins from him away just yesterday but a judge has just ordered the children returned to their father. >> and the home of the greatest show on earth is slapped with a hefty fine from a mistreating of an elephant. they are paying a record

$270,000 the company admits using the metal hooks to try to control them. the circus says it is animal handlers will undergo new training. four amish men charged with hate crimes in ohio are accused of shaving the beards, cutting the hair of men and women in a different amish sect. the attacks allegedly grew out of a religious feud between one family and the church. and a judge's decision to block images from cigarettes is blocked by the diseased lung, cancero cancerous lesions and says the law violates the first amendment. and we have a lot to cover you in the next two hours, including this.

the market's up but europe's economy is way down. why does one so much impact the other? we're going to explain the see-saw. i'm brooke baldwin. the news is now. the case grows against jerry sandusky. today, damming claims from another one of his alleged victims. >> and it is against penn state. >> the first lawsuit in this scandal and it names penn state. then, the damage runs deep with the men claiming they were abused by a syracuse basketball keep. >> if he keeps doing it, i'm not going to come over here. >> hear the emotional interview with one man who's been carrying the secret since he was a boy. plus, text messages expensive trips, ring-side tickets. if herman cain wasn't have an extramarital affair with this woman, why he she so adamant that he gave her all of those things.

>> i wanted to come out and give my side. >> and will her story make any impact on cain's campaign for the white house? and the greatest show on earth pays the biggest price in history after being accused of mistreating its elephants. the news is now. accept it. you can't change the way banking works. just accept it, man. free ? doesn't close at five ? try nature. it's a bank. what do you want, a hug ? just accept it. hidden fees, fine print, or they'll stick it to you some other way. stay with the herd, son. accept it. just accept it. accept it. just accept it. accept it. if we miss this movie, you're dead. if you're stuck accepting banking nonsense, you need an ally. ally bank. no nonsense. just people sense.

if you look at the dow, you think, wow, take a look at the upswing. what is it now, 389 points up and still hours athe end of the day. one small problem, the joy on

wall street is a sigh of relief. it's like the way we decide if your brakes went out on your car, instead of hitting a cliff, you hit an oncoming car instead. the federal reserve bank announced that it is throwing dollars at europe to try to avert a diss and sister. europe is on the verge of a credit freeze that could plunge the whole world into a recession. so the fed just lend to commercial banks so they can lend to businesses, so they can get cash to produce their goods and pay their workers. as i said, it's reason to celebrate, sort of. bomb, did you hear me? did they have the right? >> well, they had the right but it wasn't just the fed. it was the fed and central banks and other places, like europe and japan. it's like a consortium of

central banks that is going to offer money to make sure no european nation either defaults, no european bank actually goes under during this period. in fact, if you read our fed's statement, it makes it very clear that they are not only going to offer dollars, but they are going to offer money and whatever currency is needed because one of the things that happened here is that all of our money market funds sold all of the european bank paper that they had, which were hundreds of billions of dollars. and that really put the crimp into the european banks in terms of having liquidity to lend out themselves. >> uh-huh. >> and since the european banks have lent money to the sovereign nation, it's a very combined problem and a lot of things falling here. until we can come up with a longer term plan.

>> we talk about the contagion, can we get sick. >> if i can, to be brutally honest, how bad is it over there and is the action by the fed and the other entities you just rattled off, is it sufficient to avert a true disaster? >> well, i don't know the answer to that. it's not a long-term solution because all of the european nations have a tremendous amount of debt. i published some of it a few days ago from a bbc chart. if you combine the bank debt in europe with the sovereign debt, it's extraordinarily large amount of money. what they are trying to do here is to protect the world from going into a very bad recession. as a matter of fact, i should add that what people haven't really spoken very much about that richard quest did a while ago is that china, which had been tightening up for months

for the last three years to try to create a soft landing and not have a bubble burst, this morning before we even made our announcement, they eased up on our interest rates as well. >> a surprise move, right? >> right. >> i think we have a very serious problem. and we're trying to hold off. i mean, there would be chaos if some nation, if italy defaulted or if portugal and a lot of european banks with an enormous amount of debt. look back at what happened here in 2008 and they are putting up trillions of dollars. in fact, we just had an announcement made, how many trillions it was, over $8 trillion was put into not only our banks but european banks as

well to -- so that there would not be chaos. so that the world would not end. so we're facing what -- the way i like to phrase it is, we're phrasing it 2012, 2008 there. and that would seriously put the crimps into our economy. >> i hope not. i hope not. at the same time, as you read about the fed today and as you read the story about china, from a perspective, bob, from an american perspective, you're thinking, this is happening over there. >> right. >> if the fed is loaning all this money to europe, to these banks, et cetera, what about me in new york and san francisco and miami, will this at all affect my ability to borrow money, my money market account, what have you, here in the u.s.? >> i don't think so. but at the same time, you have to realize that your money market account's not paying you any interested. you're not really getting any

income from this. and we have our own set of problems that we've got to solve. but right now we have to focus on europe because whatever happens to europe is going to impinge upon us and it already has, to some extent. so, yes, this is an emergency in europe like there was in the united states in 2008. i think that's the way to look at it. and thank god we have a fed that knows what the right thing to do here is. >> you mentioned richard quest. we'll be talking to richard quest from london in the next hour on this. bob linzer, thank you for putting this into a perspective and here in the u.s. we have to pay attention to what is happening in europe. >> the other thing, brooke, is that the dow went up to around 12,000. it's been back and forth over 12,000 for months. it spikes up, it goes down. we have seven bad days and then we have a very good day. what it's showing is that nobody

really can predict exactly what's going to happen. nobody can really predict what kind of an economy we're going to have here and next year. but there were some hopeful signs, like the employment figures this morning. those are good hopeful things for us. europe is facing a much more serious situation. >> bob lenzer, forbes magazine, thank you so much. there is a refinery fire in texas. i'm told it's near san antonio. we're working on it. we will make some phone calls and get to the news right after this short break. that's why we offer accident forgiveness, man: good job. where your price won't increase due to your first accident. we also offer a hassle-free lifetime repair guarantee, where the repairs made on your car are guaranteed for life or they're on us. these are just two of the valuable features

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to san antonio, texas, there's been some sort of an ex plo explosion at a refinery 39 units from the san antonio fire department are responding and it's the new star refinery. if you're in the area, if you see anything, send me a tweet @brookeb @cnn. in the meantime, if herman cain was going to drop out of the presidential campaign, there was absolutely no evidence of it today. here in dayton and in the battle ground state, cain reiterating the campaign following a 13 year reassessing

means his campaign says he is not quitting. in fact, cain sounded like very much so that he is going the distance. >> they want to you believe that with enough character assassination on me that i will drop out. >> no. >> they -- >> no. >> they want you to believe that because president obama is going to raise a billion dollars, that he's going to automatically buy a second term. >> now, make no mistake, the drip, drip, drip of allegations and denials are taking a toll once the gop candidate had slipped behind newt gingrich and mitt romney, even before this woman, ginger white, went public

with what she said was a casual on and off again affair with cain. she says he gave her money, took her to las vegas and was in touch with her until last week. she offered her own grim view of a cain presidency. >> i honestly do not think that he is, in my opinion, would make a good president as far as i'm concerned. >> should he end his campaign? >> that's something that he has to look himself in the mirror and ask himself. you know, last night i slept very well. i'm telling the truth. i'm not sure what's going on in his head right now, but it's unfortunate that any of this is going on. >> cain acknowledges he knows white, even acknowledges that, yes, he gave her money, but denies that they are anything

but friends. now he says that she is abusing that friendship. prosecutors are fighting against the release of the man who tried to kill president ronald reagan. john hinckley fired six shots at ronald reagan back in 1981. he was tackled by police secret service right there on the spot. but not wounding reagan. wounding his press secretary and a security guard. he was found not guilty by reason of insanity and confined to a mental hospital. his motive for the attack, he wanted to inspire actress jody foster. now three decades later, a judge will decide whether hinckley should be allowed to visit his mother at her home.

prosecutors say that he is being deceptive. if the judge agrees, the court could eventually release hinckley. and the second alleged victim of syracuse coach bernie fine spoke to cnn. >> it continued to happen and then i told him, please don't do that no more. you kind of tell them no. it was hard to say anything. because you think you're with a god. you know, it's hard to come out to say anything to anyone about it. >> perhaps you have seen bits and pieces of that interview today. but coming up in two minutes, we're going to show you the entire interview. also, we are working on that breaking story out of san antonio texas, an explosion at a refinery there. breaking news, as always. we're on it. ♪

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according to the fire department website, it's an explosion. 39 units from the fire department are responding. and if you know the area, this is the new star refinery. the fire department responding. again, we're making calls, trying to figure out how this happened and what needs to be done with regard to people who may be living or attending school in the area. stay with us for that. also, the child sex abuse charges swirling around coaching at penn state and now syracuse university are downright mind boggling. and yet we continue to hear support from the people who worked with these men accused of the unthinkable. take syracuse assistant basketball coach bernie fine and jim boeheim voice after reports surfaced that fine abused these two boys. this is legendary coach boeheim

and his support of fine after last night's home game. >> i supported a friend. that's what i thought i did. i'm proud that i did. i think if you know somebody or worked with them for 36 years and known them for 48 years, you went to school with them, i think you owe a debt of allegiance and gratitude for what he did for the program and that's what my reaction was and so be it. >> coach boeheim. and one of the ways to consider the story is to hear the story of one of the step brothers and former ball boy from the syracuse basketball team. mike lang. i'd like you to hear what he told gary tuchman. >> when you heard the penn state story, how did you feel? >> well, i was sitting in my house all alone and my stomach

just turned and all i could think about what was my little brother and i went through and that it was happening all over again. >> what did you think of bernie fine? >> i thought he was a great guy. he brought me to all of the practices, all of the games, to the big east tournament. i thought he was a great guy. >> you would go to bernie fine's house? >> every day. >> why would you go there? would he ask you to go there? >> it was like my home. i could go there any time i wanted to. >> so you go to his house. would his wife be there? >> sometimes. she would be doing whatever she did, he would be there making phone calls, recruits. it was like a home to me. it was my home. >> he would invite you to his house and and you would go, you would hang out there? >> right. i would go there almost every day. >> what would you do? >> watch tv, rake his lawn, whatever i wanted to do. it was like my house, you know.

>> so you considered him like a fatherly figure? >> yes. >> and when did you realize there was something wrong with what he did to you? >> he touched me. >> where, though? >> on my leg and my penis. >> and did you say something to him? >> i said, bernie, please stop this because i'm not that kind and i won't tolerate it. if you don't want me to come over here no more, i won't come over here but if you keep doing t. i'm not going to come over here. >> but you were a kid and you knew this was wrong and there's this grown-up man doing this to you. and when you said that to him, what did he say to you? >> he said nothing. he just moved his hand and didn't do it for that night. >> do you have any idea, mike, how many times bern fee fine touched you inappropriately? >> at least 20, 30, 40. when do you stop counting? >> did you tell him to stop doing that on another occasion after he did it the first time?

>> yes. it continued to happen. and then i told him, please don't do that no more but you couldn't tell him no. it was hard to say anything because you think you're with a god. it's hard to come out and say anything to anybody about it. >> so you considered him an exulted figure? >> yeah, everybody did. >> but later you introduced your brother to being a ball boy and he he started making the same allegations? >> when i got back from college, yeah, that's what i heard. >> when your brother bobby told you this, you must have told yourself -- did you tell him that it happened to you also? >> not really. not at first i didn't. >> were you embarrassed? >> yes, i was. i blamed it on myself because i was the one that brought him along after me. and now i've got all of this guilt feeling to live with, you

know. >> what do you hope happens? >> i just hope that no other kids get abused. that's the main reason why i came out and said what hi to say and what happened to me, is because i don't want this to happen to anybody else. >> we should note here that no charges have been brought against bernie fine. fine denies the allegations but syracuse did fire him last week. and back to breaking news in san antonio, texas, you can see the water being sprayed. some 39 units were deployed to fight this fire. in fact, i have melissa sparks on the line. she's a spokesperson for san antonio fire department. i understand this is jet fuel, diesel jet fuel that is leaking here. can you tell me what you're doing to stop the leak? >>. >> yes. right now we believe we have diesel jet fuel on fire. we're working with refinery plant employees to identify a

fuel shutoff so that we can start the flow of fuel and we have to get that fuel flow stopped before we can put out the fire. in the meantime, the water that you see spraying, we're keeping the tank and other lines running to and from the tanks cool so that the fire does not spread and cause more explosion. >> was anyone inside when the explosion happened? do we know what caused the explosion? >> we do not know what caused the explosion right now. that will come at a later point. the plant was fully operational at the time of the operation. right now we do not have any victims. that is very fortunate. we had evacuated the entire plant but we have not started evacuations for the rest of the plant right now. it is not necessary for the moment. >> so you have evacuated the plant, not evacuated folks who may be living in the air. how is the air quality and need for shelter in place? >> they do not need shelter in place right now. this is confined to one tank so we feel once we get the flow

shut off and we can get the fire under control, we should be able to get everything taken care of. if things change, though, we should be able to get information out to the residents and businesses in that area and police and firefighters. so anybody who needs information will get it as soon as possible. >> beyond the fact that we're talking about diesel jet fuel currently leaking, but you're trying to stop that, what are other challenges in place in trying to fight this? i understand that you're using foam? >> yes. our fire trucks do carry foam. the plant did let us know that because of this type of fuel on fire, they requested class c foam which our haz-mat teams do carry on their truck. they are taking the initiative with spraying foam as well as the regular water that we're using to cool the tanks. >> and because you say no victims, does that mean no injuries? >> yes. we do not have any reports of injuries and obviously once we get everything under control, we

will continue a search and make sure that all of the plant employees are accounted for. >> melissa sparks, thank you. live pictures out of our affiliate ksat. we'll stay on this. we're back in two minutes. yeah, i'm married. does it matter?

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in miramar, it's been 50 years since they've witnessed anything like this. secretary state hillary clinton arriving in the capital today, the first to visit since 1962. and this incident is no different because myanmar ruled with absolute power and open poe stigs and through those who spoke out in prison. pro democracy activist aung san

suu and elected a president and freed hundreds of political figures. president obama says there is more to be done but is beginning a dialogue with secretary of state clinton's historic visit to myanmar since the military hintu took control in 1962. she's here to test the civilian government that's introducing new and surprising economic reform. >> i am obviously looking to determine for myself and on behalf of our government what is the intention of the current government with respect to continuing reforms, both

political and economic. >> reporter: clinton comes with a very specific list of steps that she would like the myanmar government to take. including freeing prisoners and washington can take further steps. one key concern is relationed to missile technology. clinton will be discussing that with myanmar's president. the government is meeting with aung san, the democracy advocate held in detention for much of the last few decades. president obama and hillary clinton have been speaking with her. it's one of the countries along with north korea that they know

the least about, given its years of military rule and isolation. we're in listening mode, they say, still concerned about the country's human rights issues and other issues prepared for reversals and backtracking. but they also say that aung san could create an historic. jill doherty, cnn. wolf blitzer has details and incredible video, how a huge airplane landing side ways on the runway got away for it. the video, two minutes away. [ sniffs ] i have a cold. [ sniffs ] i took dayquil

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so the sex abuse video probably happens more than we think or even want to think about. a luf fan airliner coming in with a stiff cross wind. it's skewed far to the starboard. fyi, that's the right side of the plane. the plane, as you can see, lands safely but it can still be a

white knuckle experience, especially when you watch it from this angle. yikes. let's go to washington now, shall we, for our political update. wolf blitzer has some news. jim acosta was there with herman cain in date tyton, ohio. i heard the words assess and re-evaluate. >> right. jim hadn't been able to get close to herman cain in dayton, ohio. not sure why he's campaigning there. it's not one of the primary our caucus states. jim managed to find him in a rope line and shaking some hands. let me play the video, the exchange, and then we'll discuss. listen to this. >> mr. cain, jim acosta with cnn. are you vowing to stay in this message? >> we are reassessing, reeevi e

re-evaluating. >> how long until we have a final decision? >> we will be making a decision in the next several days. >> thank you, sir. >> all right. you just heard him. he said the next several days i'll make a decision. very much in contrast to what he said flatly on monday, that he was in it, in it to win. unless -- one caveat, unless his wife told him that it was over, he shouldn't be running for president of the united states right now. now he's saying in the next several days he will make a decision. they are re-evaluating, reassessing whether to go forward. in one reason he's waiting to see not only for his wife's reaction but not only that but the money at large. does he have support out there or is it, in fact, over? we're getting conflicting messages. some saying that he's definitely going to stay on as long as it takes, certainly through iowa and into new hampshire.

others are saying, maybe not. he's getting advice from other republicans, including friends of his, saying that at some point you should see what's going on and drop out. but we'll see what herman cain decides when all of the dust settles. >> okay. mitt romney, what's he up to today? >> you know, it's interesting over the past few days we've seen him begin to do some things he hasn't really wanted to do earlier. go after newt gingrich. he's going after newt gingrich who now, together with mitt romney, they are the two front-runners for the presidential nomination. some are suggesting that it's a two-man race. gingrich and more herman cain support if in fact herman cain drops out. and we're now beginning to see mitt romney suggesting, you know what, he's a businessman, spent his whole life in the private sector except for four years in massachusetts but gingrich has

been in washington for 30 years. he's a washington insider and he's beginning to make those kinds of cracks, accusations, so it's beginning to show the heat from newt gingrich. this could get tough over the next four or five weeks and the battle between newt gingrich. coming up in "the situation room" we'll see what is going on. wolf, thank you. coming up next, the first civil lawsuit has been filed in the former penn state assistant football coach, jerry sandusky. the alleged victim says sandusky abused him more than 100 times. we'll tell you who else is named in that particular lawsuit. plus, $153 million in tax reform. who is waiting to be claimed right now. the average undelivered refund check, more than $1500? find out how you can check to see if there is money waiting for you. next.

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let's go in depth now on the lawsuit filed against former head coach jerry sandusky. in it, he claims -- it claims, i should say, he molested a boy. we only know him as quote, unquote, john doe. this molestation allegedly began when the boy was 10 years of age and happened more than 100 times. the suit also says that sandusky threatened the boy if he told anyone. here is jeff anderson. >> in 1992 at the age of 10 at

that time he was a promising athlete and sandusky spotted him and spotted his promise and began to groom him. >> the lawsuit also names penn state university and sandusky's second mile foundation. >> this survivor never told a soul until he contacted jeff and believed, like most survivors do, that he was the only one. but what we know that he

wouldn't be the only one and they are the target of his anger and feelings of betrayal and that's really what this case is about. it's about institutional concealment. and in callous disregard of child sexual abuse by powerful men in a powerful institution. tonight, university is holding the first of three campus forums for students. these forums take place as the department of education begins its federal investigation into penn state. and, now, like a little extra cash? lean in, if you will. how would an extra $1500 sound this holiday season? not too bad, right? that's the average amount of unclaimed tax refunds. most checks were returned because of some sort of error in the mailing address. so here's the news you need to know. two ways to check if you have money waiting. go to irs.gov and use "where's

my refund" tool. or call 1-800-829 h-1954. arsenic in apple juice? new reasons to be worried. also, you can't help but smile at this next piece of video. the story behind this coming up. [ female announcer ] the humana walmart-preferred rx plan gives you the lowest plan premium in the country... so you can focus on what really matters. call humana at 1-800-808-4003.

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the world's most popular cholesterol drug is getting a lot cheaper because there are generic versions being made. apple juice. apple juice is a go-to drink for millions of parents. you go to your kids with it because it's easy to grab. you might be giving them arsenic as well and at unhealthy levels. elizabeth cohen, senior medical correspondent, we've heard this before, arsenic is a poison if it's in high levels in your apple juice, it's frightening. >> yes, it's frightening. as a parent, i pay close attention to this report. consumer reports bought 88 samples from around new injuries see, new york, and connecticut and found 10% of them exceeded

the levels of arsenic that you're supposed to have in your drinking water. >> 10%? >> yes. 10%. that's not a small number. >> why specifically is this unsafe? >> arsenic is a known carcinogen linked to prostate cancer, liver cancer, and all sorts of cancer. that's the concern. >> as always, i have to ask, what is the fda's reaction to this report? >> they are setting new guidelines and i want to talk to you what the industry says. the industry says juice is safe. this gets inside the beltway. this is their argument. the fda does have other levels for arsenic in juice. and the juice industry says and they are right, we are well within those levels and then consumer activists would say, that doesn't mean anything. the fda doesn't have to do anything about them. the levels aren't very important. it gets very confusing here but the bottom line is that the levels are higher than they are supposed to be in drinking

water. >> how does arsenic even get in apple juice? >> i don't know. it sounds so crazy, doesn't it? it's naturally occurring. and we took those two ways. >> should i get my kid the apple juice or pomegranate or what is the advice? >> well, they looked at apple juice and grape juice. i would like to step back as a parent and say something. that perhaps parents reach for juice way too often and pediatricians say this. juice can have a lot of sugar in it. and you want to think of it from that perspective as well as the potential arsenic perspective. here is what consumer reports suggests and the american academy of pediatrics suggest. no juice under six months of age. six months to six