jim is also an attorney. don't forget barack obama's big press conference tomorrow night. it will deal with the health issue. tomorrow night at 8:00 eastern on cnn. right now on cnn, john king and "ac 360." john. breaking news tonight in the murder of byrd and melanie billings this is happening literally right now. susan candiotti with the details. susan. >> reporter: here is what is new, john. cnn has learned according to a source familiar with the investigation there was a second safe in the house. and that that safe, according to the same source, contained about $100,000. this was believed to be the mother lode, in effect the suspects were after, for whatever reason the suspects were unable to get the money out of the safe. this is significant because up until now we know they recovered a safe from the house that

contained only some personal documents, some medication for the children and some family heirloom jewelry. but certainly not something many people thought would be enough to break into the house. so this is why this is significant new information. >> and susan, as this is just breaking tonight, you may not know the answers, but do we understand why they were unable to get to the safe? >> reporter: we don't. still working that aspect of this new information. as soon as we can get it confirmed, of course, we will bring it to you. >> we are going to talk to the escambia county sheriff to ask him about the blockbuster developments. now health care reform and your bottom line if it ever gets out of washington and into your life. president obama has been talking about it almost nonstop, pushing hard in part because he is hitting roadblocks put up by fellow democrats, who can't agree on your coverage, your choices, your higher taxes if

any. he is prodding, pressing and cajoling. meeting with conservative democrats today trying to persuade them it is critical from a policy and political standpoint to act now. his hopes of getting bills through the senate by early august are fading and fast yet mr. pl obama insists he is upbeat. >> i know there are those in this town who openly declare their aintention to block reform. but there are many others who are working hard to address this growing crisis. i know there is a tendency in washington to accentuate the dichxs instead of underscoring common ground. make no mistake, we are closer than ever before to the reform the american people need and we are going to get the job done. >> let's go to the magic wall and see why the president doesn't have quite the same sway. the president's own approval rating. 63% not long ago. it is down to 57%. that is not bad. it is just down from its high.

let's put this in historical context. 57% is cnn poll of polls. here is what other presidents have looked like six months into their first term, harry truman, 82%, ronald reagan 60%, barack obama pretty low at 55% in the gallup poll recently. not where he was not long ago. how does this play out? it does this. this is why the president is paying a price in the polls. people are anxious again about the economy. look in february 51% thought the economy was getting worse. that began to improve. people were getting a bit more optimistic. now 33% say in the most recent poll it is getting worse. 45% say about the same, two in ten americans say it is getting better. that is the president's big problem. that translates into other numbers. how is the president handling the economy? it was 59% in february, six in

ten americans saying he was doing a good job. now more americans disapprove of how the president is handling the economy than approve and health care is a related issue. more americans, 50% now disapprove of how the president is handling the health care issue. he is still relatively solid. 74% of democrats approve on health care. the president has lost republican support. he had about more than this to begin with. 11%. now almost nine in ten republicans disapprove. the most significant number, 55%, the majority of independents, the voters who helped make his margin on election day so big disapprove the way he is handling the health care issue. he is a in a slump, he has big democratic majorities in the house and the senate but at the moment he has a bit of the problem. more on the raw politics reading left to right literally, james carville and bill bennett. many of the president's allies

say he is paying a price for deferring too much to congress and letting the liberal committee chairmen shape his margins. machiavelli said a leader should be fear as well as loved. obama is loved by the democratic chairmen but he is not feared. >> everybody is betting more than they can afford right now. we'll see how it works out. i think it is something that is an observation that people want him to be more involved. he and his chief of staff rahm emanuel who knows a lot about the hill, in particular the house, have chosen not to do that. we will know the wisdom of that decision this fall. >> bill, republicans are without a doubt, enjoying this. senator demint talked about obama's waterloo.

bill kristol says with the president weakened somewhat some republicans will see an opening to deal. bill kristol advised go for the kill. 60% of the personal bankruptcies in this country are because of health care costs. is there a risk for the republicans in sounding so har snsh. >> yeah. there is a risk. i don't think you want to make this your only issue and make it rise or fall only on this issue. besides, when the other side is falling apart, don't, you know, get in the way. let this thing proceed. right now barack obama, president obama has to deal more with democrats than republicans. it is an odd thing, john. he is both at once it seems to be overplaying. he is flooding the zone with too many proposals, too much money, too many deficits when it comes to backing up his play, to take james' analogy, the poker game, he is stingy with the chips.

>> six months does not a presidency make. i want to go back to the wall. to show some numbers. remember, places like virginia and north carolina, they were blue in the last election. traditionally red. ohio changed from red to blue. in the mountain west some states did. government expenditures up this year up $457 billion compared to last year. because of the recession government revenues down $346 billion. bigger spending, less money in the government, you get higher deficits and the return of the "l" word, liberal into any conversation. does that worry you, james? >> sure. everything worries me about this point. two things that i actually feel much better than some democrats. a, i think there is a good chance these guys are very smart and very cagey and crafty. they will end up with something on health care and everybody

that said they made all these mistakes and did everything wrong and it would collapse won't look so good. secondly, it is assumed that the economy is in the tank, it is not doing any better. actually, some people believe, smart people, what we are starting to see is a recovery. if this is the case come a year from now, if he has solid legislative achievements under his belt and we start to see job growth, he'll be in good shape. >> it is a point worth making. the election is next year, not this year. the president is paying a price for the economic anxiety americans feel. the inspector general of the $750 billion t.a.r.p. program, people have a reason to be worried. listen to this sober assessment. >> i think if the goal was to remove $700 billion of toxic assets off the books of

financial institutions that has not happened. if the goal was to increase lending that, too, unfortunately, has not happened. if the goal was to avoid a complete systemic collapse of the financial industry that may very well have happened. >> what did you make of that? the inspector general is not sure where the money has gone. >> i make of this, the independent witnesses, if you will, john, are weighing in. their testimony is not helpful to president obama. you had mr. elmendorf mr. barofsky today with truly frightening numbers. in a way, the president asked us to suspend belief. we are in a deficit situation. we are going to spend a lot of money. that was the stimulus. it turns out, at least so far, that stimulus doesn't seem to be helping. now we are asked to spend more money and not look at the details of the health care plan. hurry up. push it through. don't look at the man behind the curtain. it seems not just heedless, but

reckless. yeah. we will find out in six months or a year. i agree with james. they are smart. they are very good politicians but i'm not sure they can govern. >> president obama gives a nationally televised news conference tomorrow night at 8:00 eastern. we expect to hear a lot about the health care issue. 9:00 black in america part two then at 11:00 a special edition of "ac 360." up next, you heard at the top of the second safe theory. yet another blockbuster in the billings murder. was this, in fact, the second time the killers snuck into the florida compound. we will ask the sheriff about this strange and terrible case as it takes one new turn after another. a death row inmate who says he is innocent. big deal you say, they all say that. in his case almost all of the witnesses agree when "360" continues.

if we don't act, medical bills will wipe out their savings. if we don't act, she'll be denied coverage because of a pre-existing condition. and he won't get the chemotherapy he needs. if we don't act, health care costs will rise 70%. and he'll have to cut benefits for his employees. but we can act. the president and congress have a plan to lower your costs and stop denials

for pre-existing conditions. it's time to act.

more now on our breaking news about the murder of melanie and byrd billings the florida couple that adopted 13 children with special needs. the suspects wanted a second safe in the home that contained the mother load. we are talk about $100,000 t. source says they never got their hands on it. they were caught on this surveillance video as they broke into the home. this bombshell, they allegedly

performed a dry run at the victims apsz house. escambia county sheriff david morgan joins us. help us understand. a source telling us there was a second safe containing cash. $100,000, can you confirm that for us, sir, and tell us about it? >> i cannot. i can only confirm the items we know were removed from the billings home. a small, mid-sized safe and a black briefcase. >> you are saying there was not a second case or you just can't confirm that? >> i'm saying i'm not at liberty to address that issue. >> can you help us at all -- you talked in the past there could be more details that were not made public. was there an amount of cash somewhere in the house or did they think there was a large amount of cash in the house? >> i can only repeat to you what has been reported in local papers, unconfirmed by the

escambia county sheriff's office. >> what can you tell us about the dry run the suspects staged and how were you able to get that informs? >> that informs was reported in the local papers. we know for a fact they trained for at least 30 days in wooded area in santa rosa county. and in and around the home of gonzalez sr. we know they trained for some time. it has been alleged but we are not willing to release and confirm that they did, in fact, make a dry run. we won't address that issue at this time. >> you say a dry run, you don't want to confirm. they trained in the woods. can you help us understand a bit more about what happened at that property? >> well, yes, sir. again, if one views the videotapes and reads the testimony that has been released to date and through some of our press conferences, as we've stated from the beginning, contrary to some folks on some

of the talk shows, this was a well-planned and well-executed home invasion. it is obvious these individuals trained for an extended period of time by that i mean at least weeks together. their entry of the home is indicative of that. they entered the front and back of the home at the same time with five individuals. they were on the property for less than ten minutes. the actual time in the home was a little over four minutes. it is obvious to anyone who read this case, reviewed this case, listened to our press conferences that it was a well executed, well planned and well trained for. >> you have used the term hum dinger. when people understand all of the facts it will be one hum dinger of the case. can you help me, sir, is that the level of training or is that about the $100,000 they thought was in the house? >> it is the entire scope of this case. i have compared this case to the clutter family murder in kansas,

of course, was written by truman capote in "true blood" and the tate/bianca murders. we have exceeded those numbers t. numbers look like they are going to grow. we have three more persons of interest. so this case continues and today as we are reviewing case files there are other individuals we need to reinterview. while we have three persons of interest, this case is far from over. >> far from over, sir. tell me, what is the most significant piece of new information that crossed your desk today? >> well, it's the persons of interest. we are very confident we are near an arrest. >> sheriff morgan, thanks again so much. we thank you for your time. >> thank you, sir. still ahead, a harvard professor arrested while trying

to get into his own home. he says it is because he is black. police tell a different story. a man on death row for killing a cop. did he do it. two decades later new information that could change everything. witnesses recanting their stories and jurors changing their minds. >> did you think he did the shooting? >> yes, sir. >> did you ask him? >> no. but the way he was asking -- >> how come you are talking to me? >> i don't want to see an innocent man get killed for something he didn't even do.

he spent nearly 18 years on death row but is troy davis a cop killer or an innocent man? gary tuchman investigates. first erica hill. seven suicide bombers dressed as women targeted police officers in afghanistan.

three blew themselves up killing three officers. officials blame the taliban. new clashes between security forces and protesters. sources and witnesses telling cnn 200 to 300 protesters tried to gather and were met by 400 to 500 security forces. it is unclear how many arrests were made. dramatic new video of what appears to be security forces, one in uniform, the other in a suit firing their guns at protesters. we want to point out, it is very important, cnn cannot confirm when this video was taken. try this again. on capitol hill the senate voting to block expansion of the f-22 fighter jet program. that gives the white house and the pentagon a key victory. for congressional supporters of the f-22.

at this moment millions of people across asia gathering to see the longest total solar eclipse of the century. the live picture from india. the eclipse will last 6:36. we are lucky we are showing you tonight because there won't be another one until 2232. >> see you then. are you feeling okay over there? >> i'm going to try to get rid of the tickle. allegations of racial profiling or were police doing their job? the nation is talking about it. we try to cut through the noise. later, we show you what happens when you mix white house formal and country casual and what it sounds like tonight on "360."

tonight's nation divided report is about two ways of seeing the same situation. henry lewis gates in handcuffs. he was arrested last thursday after somebody reported seeing two black men breaking into their home. they happened to be professor gates and his driver. the police came, words were exchanged and gates ended up in handcuffs. the charges were dropped today. was the professor a victim of police profiling? were the cops doing their job? what they would do whether the man was black or white? here is joe johns. >> reporter: the controversy involving henry lewis gates involves two different version of events, gates' version and the police version. the question is what happened motivated by race or a run of

the milcon fronation got out of hand. >> what went wrong is you had two human beings reacting to a set of circumstances and unfortunately at the time cooler heads did not prevail. >> reporter: what seems clear, gates a 58-year-old man was out of the country on business and returned home here with a chaufr. a woman mistook it for a crime in progress calling police reporting two african-american men with backpacks trying to force their way in. by the time police arrived gates was already inside. this is where the stories start to differ just a bit. at the front door the officer asked gates for proof he lived here. he started walking through the house to the kitchen where his wallet us with. the police officer followed him. gates provided the officer with his driver's license as well as university i.d. the police report says gates became belligerent though he

eventually gave the officer his university i.d. that officer who is white said gates accused him of being a racist. according to the police report when the officer asked gates to step outside gates said, yeah, i will speak with your mama outside. gates' lawyer says he used strong language. >> the question here was why are you doing this because i'm a black man and you are a white police officer. why is this happening to me. i live here. >> reporter: he was arrested and spent a few hours in police custody. he is well known in the neighborhood and there are a lot of different opinions, some supporting the police. >> i would be glad if somebody called the police. >> some blaming the police. >> i don't know it is necessary si typical but it occurs with too great a frequency. >> reporter: the academic high ground at one of the nation's

top yurts. joe, is it all over? what next? >> reporter: it is not necessarily all over. among other things gates is considering a documentary on racial profiling. he is considering his legal options. we are told he is demanding an apology from that police officer. so there is a lot to be said. >> joe johns in cambridge. joe, thanks. digging deeper now with the police chief who has been a powerful advocate. ronald davis spent 19 years on the oakland, california, police force. he is chief of police for east palo alto. you were head of the police academy in oakland. how do you train officers for the sensitivity of operating in the african-american community? >> well, i think you teach them to be sensitive to all communities. but i think you teach them to understand they may be influenced by their biases, make them aware of their stereotypes they may bring to the job.

you teach them the value of positive police and community relations and they are a critical component of their success and you teach them that professional policing demands ethical policing and they should be held to a higher standard serving all of our communities. >> i know you don't want to talk specifically about this case. this appears you had a situation where the professor was deeply offended he was being questioned on his own property. a police officer who believed his professionalism was being questioned by the professor. is there a way in training you can put in a circuit breaker when the officer realizes this is getting out of control. we don't get a pause button in life. how can we have a circuit breaker? >> first you have to make people aware of the impact their actions may have. even legal actions. the legality of the stop is one issue, the impact may be another issue.

officers have to realize that their impact, the ability to detain somebody, to restrict their freedom is powerful and should be used judiciously and respectfully. once it is clear there is no threat and no crime there is nothing wrong with apologizing. >> we were talking about this in the newsroom. on the one hand, witness is walking by the house, see men kicking in the door. the officer responding says i'm responding to a witness report of a break in. some african-americans in the office say wait a minute, you don't understand the sensitivity african-americans have in dealing with the police department especially in their own neighborhood and in this case in their own home. >> there are two perspectives. on one hand you want community members to get involved. you try to tell community members, hey, make the call if things are suspicious. on the other hand, as an african-american, you always going to have the question am i

suspicious because of my behavior or because of my race? would that phone call be made if i were not african-american? our history with police community relations is not that positive. >> help us understand, where do you draw the line between criminal profiling that is an accepted practice and racial profiling which would not be. >> there is a simple phrase, race is a descriptor, not a predictor. using race to describe someone who committed a crime, when you use race to predict crime, the belief that minorities are more likely to commit crime, the belief if i'm african-american i may not belong in a certain neighborhood. you are trying to predict crime, you have biases, stereotypes. race as a descriptor not a predictor. >> thank you for your time.

>> thank you, john. >> there is a lot more online at ac360.com. including the cambridge police report. we'd like to know what you think about professor gates' arrest. join the chest at ac360.com. did police get the wrong man. he is on death row awaiting execution as those who testified against him say he is innocent. why are they talking now? >> profiting from pot. should cash hungry states and cities raise money by taxing medical marijuana. oakland, california, what do you think? that story coming up. well with us, it's the same flat rate. same flat rate. boston. boise? same flat rate. alabama. alaska? with priority mail flat rate boxes from the postal service. if it fits, it ships anywhere in the country for a low flat rate. dude's good. dude's real good. dudes.

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with over 130 years of experience. they helped send him to death row. now nearly 20 years later they want to set him free. many of the key witnesses ho who helped convict a man of killing a cop believe in his innocence. the georgia case attracted worldwide attention. does the condemned inmate deserve to die or was he framed?

gary tuchman has an up-close look at the case. >> reporter: it is anything but a routine question. >> how scared are you of possibly being executed it is relevant, the man i'm talking to, troy davis, may soon be a dead man. a jury took a few hours to decide he was guilty of killing a police officer in savannah, georgia, a few more hours to decide to send him to death row. this is one of the jurors. >> all of the witnesses, they were able to, you know, i.d. him as the person who actually did it. >> reporter: the primary reason he was convicted, the witness testimony. the slain police officer's wife agrees. >> they were just so adamant about what they saw, when they saw it. >> reporter: but this is how the juror feels now. >> if i knew then what i know now, troy davis would not be on death row. the verdict would be not guilty. >> reporter: what she knows now is this, almost all of the

prosecution's star witnesses have changed their stories. some say police pressured them to say troy davis did it. daryl collins is one of the prosecution witnesses who signed a police statement implicating troy davis. >> i told them over and over i didn't see this happen. they put what they wanted to put in that statement. >> reporter: 20 years ago mike mcphail was providing security for the bus station and burger king restaurant that is out of business. a homeless man was being harassed. the officer ran over and seconds later the officer was shot and killed. it was tragic, horrifying and chaotic. two decades later it still is. the man who admitted to hara harassing the homeless person went to police and said he saw troy davis shoot the officer. a reward to catch the dangerous cop killer. racial tensions enflamed. troy davis was in atlanta four

hours away, his sister said scared for his life. >> my brother decided to turn himself in. they had a shoot to kill order on him. >> reporter: a pastor volunteered to pick him up to surrender. he said troy davis insisted he was innocent. he was stunned the d.a.'s office never interviewed him. you are with the man four hours they never interviewed you? >> never talked to me. >> reporter: never asked you a question? >> nothing. >> reporter: if he admitted to the crime, didn't admit to the crime. >> nothing. this is the one case nobody wanted to know. i don't think now looking back anybody cared. >> reporter: the pastor is one of many who believe facts be damned. troy davis was going to be arrested for murder. savannah police says their witness statements were taken properly. witnesses have signed affidavits

changing their testimony. dorothy ferrell is one of them. i was scared if i didn't cooperate he might try to lock me up again. i told the detective that troy davis was the shooter even though the truth was that i didn't see who shot the officer. jeffrey sapp writes the police came and talked to me and put a lot of pressure on me. they made it clear that the only way they would leave me alone is if i told them he did it. sylvester coles came up to you after the shooting and said hold my gun. >> yeah. >> reporter: the man who fingered troy davis, admitted harassing the homeless man. >> he opened the screen door. >> reporter: this screen door here? >> this screen door here which this was not here. it was like wood. this was tore out. he opened the door, sat the gun

here and shut the door back. >> reporter: did you think he did the shooting? >> yes, sir. >> reporter: did you ask him? >> no. i was scared. i was scared of him. >> reporter: today you are scared of him? >> yes, sir. >> reporter: he is still in town? >> yes, sir. >> reporter: a free man. >> reporter: how come you are talking to me? >> because i don't want to see this innocent man get killed for something he didn't even do. >> reporter: during the trial davis' attorneys tried to convince jurors coles was uh the killer. we tried to find him to give him a chance to let him have his say. >> i don't believe red coles killed mark. >> officer mcphail's wife look at silverest red coles in a different light. >> sylvester came forward. he didn't have to. i know troy ran and he didn't have to. if he were innocent he should have come forward.

>> reporter: what does she think about people like tanya johnson with new information? >> five minutes of fame. >> reporter: pope benedict asked for davis' sentence to be commuted. jimmy carter and bob barr asked for the case to be reopened. troy davis has been hours away from execution three times. it has reached the u.s. supreme court. if the juts decide not to review the case troy davis could go to the death chamber within days. remember when i asked him if he thought he would be executed. troy davis said no. he said he has faith in the justice system, a view that ironically is shared by the widow of the murdered police officer. >> we have to believe in this justice system. >> reporter: she is still waiting for an execution. >> gary tuchman, if the supreme court says no, is that the end? >> not necessarily. the district attorney in the local county in georgia where the crime happened could order a new investigation. you might say well it hasn't

been done over 20 years why would that happen? here is the crux. there is a new district attorney. the first african-american district attorney. he wouldn't talk to us. we don't know his viewpoint at all. but there are a lot of people for and against an exoneration, hopeful and fearful he may be more flexible because he is african-american. nothing is going to happen this summer. the supreme court is on vacation. >> the d.a. wouldn't talk to you because this might come before him? >> not sure why he won't talk. he is being very cautious with this case and will not -- we have no idea what his opinion is. >> fascinating report. for more on gary's story log on to ac360.com. tomorrow night the cnn primetime event begins "black in america ii" soledad o'brien, the new stories, the new struggles. tomorrow 9:00 eastern and

thursday at 8:00. up next, profiting from pot that could help one california city get out of the red. they are going country at the white house. the first family welcoming the stars of country and bluegrass including allison krause. the celebration coming up. ur pr. here. a price gun? mm-hmm. so, i tell you what i want to pay. and we build a policy to fit your budget. that's cool. uh... [ gun beeps ] [ laughs ] i feel so empowered. power to the people! ha ha! yeah! the option to name your price -- new and only from progressive. call or click today.

you might know medical marijuana is legal in california. voters in oakland are deciding whether medical marijuana dispensaries should pay more in taxes. if passed oakland would be the first city in the country to tax marijuana directly. dan simon live in oakland with the details. >> we are at the harborside medical center, the largest cannabis dispensary. they are winding down here. in front of me you can see the display cabinet here. it looks like what you might see

at a normal store. the various strains of medical. the medical edibles. this place will do $20 million in sales. they pay taxes on all of that. the guy running this place says he wants them to pay more. from this vantage point it resembles a bank but the green isn't cash, but it could be a cash crop for the city of oakland. how much more in taxes would you have to pay? >> i will pay between $350,000 and $400,000 in additional taxes as a result of the excise tax. >> reporter: steve deangelo says he and his lawyer came up with the idea to help oakland with the money shortage. the city is $80 million in the hole. >> we think it is appropriate to take excess funds and circulate them back to the community in its time of need.

>> out of that came measure "f" to let voters decide in balloting by mail whether medical cannabis should have its own special tax. to city leaders, it is an absolute no-brainer. >> given the medical cannabis dispensaries are something we have legalized in california why not have the revenue from it? >> to be clear the revenue wouldn't be hugely significant. up to $1 million annually for the city. the dispensaries have another agenda. how much of this is also about you and other dispensaries wanting to be seen as good neighbor and legitimate businesses. >> a lot of it is about that. we very much want to be accepted as a part of the community. we believe we are a positive force within the community and we're always looking for opportunities to demonstrate that to our fellow citizens. >> they hope that could lead to

greater acceptance of medical marijuana anywhere. no formal opposition has emerged. some say it sends the wrong message. >> taxation of a federally unlawful drug is not something the community should accept. >> reporter: california has made marijuana legal at least for medical pups and as communities suffer revenue shortages it is clear the debate will continue. here we are in the plant section. they sell live plants for people to take home. this is called great punch. in terms of the election, john, the polls, it is a mail in ballot, but the election ends at the top of the hour. at this point about 50,000 people have cast their ballots. 24% turnout. it is widely expected to pass. with that as one dispensary operator put it, he says we are "moving toward being accepted like budweiser beer." john.

>> that is an interesting way to put it. so, dan, assuming this goes through, is this a unique case or are other cities interested in a pot tax? >> reporter: you look at a city like los angeles there are 600 cannabis dispensaries. there are more places to buy marijuana than mcdonald's or starbucks. it is not surprising the city council is looking at taxes medical cannabis. sacramento, of course. we have been talking about the state's budget woes there is a state assemblyman from san francisco who has proposaled a bill to tax and regulate marijuana like you would alcohol and according to some estimates that might bring the state as much as $1 billion a year. >> i can't say i would ever hear the sentence more places to buy marijuana than starbucks or mcdonald's. can america afford to make pot legal? ke with afford not to.

america's high, the case for and against pot. an "ac 360" special friday at 10:00. next, an outrageous story. erin andrews the victim of a peeping tom. videotaped while she was in her hotel room. a down home evening at the white house. an event featuring allison krause. taking its rightful place in a long line of amazing performance machines. this is the new e-coupe. this is mercedes-benz.

erica hill joins us with a "360" bulletin. >> police ready with riot gear in paris, texas. white and blam sprem cysts exchanging cries of black power and white power. clashes over white men in a dragging death of african-american man, charges that were dismissed last month. two protesters were arrested. >> rape allegations against ben roethlisberger.

a woman seeking $500,000 from the steelers mvp and the hotel in tahoe. she claims he assaulted her during a celebrity golf tournament last summer. espn reporter erin andrews is pursue iing a person who sho video of her in a key hole. many of the video links are viruses which is maybe what you deserve. sarah palin's legal woe not over yet. the one time gop vice presidential candidate says she was stepping down in part because of time and money to fight ethics complaints. the defense fund she set up may be a violation of state ethics laws. a star-studded musical event

at the white house. the president and first lady tonight hosting allison krause, brad paisley and charlie pride. the latest event in the white house series celebrating the arts. ♪ >> a little taste. >> it is good to be king or good to be president moments. >> i think they have a few of those at the white house. i'm going out on a limb. >> our beat 360 winners. our daily chance to show up our staffers by coming up with a better caption to the picture. tonight's picture, president obama framed by a ladder while delivering remarks about health care. joey was the staff caption, for instance, if that guy fell off a ladder it might be six months

before he could see a doctor in canada. >> joey, i love it. >> sorry, guy. but the prompter is going to be way too high up there. >> i'm going to call it a tie. >> karen, your "360" t-shirt on the way. the shot. more than car trouble. the baboon barrage and you will see why they were let loose. serious news, president obama's health care push. the plan under attack and in danger of falling apart. announcer: what are you waiting for?

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good choice. only meineke lets you choose the brake service that's right for you. and save 50% on pads and shoes. meineke. >> erica hill, been a while since we have been together for a shot. this one, a road hazard to remember. baboon, loads of them, oh, come

on. let's get to the baboons. >> it is dramatic animal video. >> swarming around on top of a car in england. >> this is crazy. >> yeah. wow. okay. they didn't pack very well either. this happened in a safari pack. this is not an accident. park officials documented how these enterprises mammals rip into roof top luggage carriers. let that be a lesson to you. >> right, so the moral of the story is if you are driving through an animal park with a roof top luggage carrier you might want to think twice about said luggage carrier. >> they're cute. >> interesting. >> that is what i learned covering politics,ed ary? they live to be about 30 and travel in what do they call it, a pack, a gaggle. >> a gaggle like the press corps. >> a troupe. >> like a browny troop.

>> that was an eager troop of baboons. >> the president's news conference tomorrow at 8:00. then "black in america." then a special edition of ""ac 360." what are sources telling us about what else was in the billings home we didn't know about. that and more when "360" continues. shipping. shipping's complicated. not really. with priority mail flat rate boxes from the postal service shipping is easy. if it fits, it ships anywhere in the country for a low flat rate. that's not complicated. come on. how about...a handshake. alright. priority mail flat rate boxes only from the postal service. a simpler way to ship.

breaking news tonight in the murder of byrd and melanie billings this is happening literally right now. susan candiotti with the details. susan. >> reporter: here is what is new, john. cnn has learned according to a

source familiar with the investigation there was a second safe in the house. and that that safe, according to the same source, contained about $100,000. this was believed to be the mother lode, in effect the suspects were after, for whatever reason the suspects were unable to get the money out of the safe. this is significant because up until now we know they recovered a safe from the house that contained only some personal documents, some medication for the children and some family heirloom jewelry. but certainly not something many people thought would be enough to break into the house. so this is why this is significant new information. >> and susan, as this is just breaking tonight, you may not know the answers, but do we understand why they were unable to get to the safe? >> reporter: we don't. still working that aspect of this new information. as soon as we can get it confirmed, of course, we will

bring it to you. >> we are going to talk to the escambia county sheriff to ask him about the blockbuster developments. now health care reform and your bottom line if it ever gets out of washington and into your life. president obama has been talking about it almost nonstop, pushing hard in part because he is hitting roadblocks put up by fellow democrats, who can't agree on your coverage, your choices, your higher taxes if any. and the impact on your children and grandchildren. he is prodding, pressing and cajoling. meeting with conservative democrats today trying to persuade them it is critical from a policy and political standpoint to act now. his hopes of getting bills through the senate by early august are fading and fast yet mr. obama insists he is upbeat. >> i know there are those in this town who openly declare their intention to block reform. but there are many others who are working hard to address this growing crisis. i know there is a tendency in washington to accentuate the differences instead of underscoring common ground.

make no mistake, we are closer than ever before to the reform the american people need and we are going to get the job done. >> let's go to the magic wall for a closer look at the moment and see why the president doesn't have quite the same sway. one of the factors is the president's own approval rating. 63% not long ago. look at this. it is down to 57%. that is not bad. it is just down from its high. let's move over a little bit let's put this in historical context. 57% is cnn poll of polls. here is what other presidents have looked like six months into their first term, harry truman, 82%, ronald reagan 60%, george h.w. bush 66%. barack obama pretty low at 55% in the gallup poll recently. not where he was not long ago. how does this play out? it does this. this is why the president is paying a price in the polls. people are anxious again about

the economy. look in february 51% thought the economy was getting worse. that began to improve. people were getting a bit more optimistic. now 33% say in the most recent poll it is getting worse. 45% say about the same, two in ten americans say it is getting better. that is the president's big problem. that translatings. that translates into other numbers. how is the president handling the economy? it was 59% in february, six in ten americans saying he was doing a good job. now for the first time, now more americans disapprove of how the president is handling the economy than approve and health care is a related issue. you see it trickling into the president's approval there as well. more americans, 50% now disapprove of how the president is handling the health care issue. he is still relatively solid. 74% of democrats approve on health care issue. these numbers are significant. the president has lost republican support. he had about more than this to begin with. 11%. now almost nine in ten republicans disapprove. the most significant number, 55%, the majority of

independents, the voters who helped make his margin on election day so big disapprove of how he is handling the health care issue. the president is in a bit of a slump, yes, he has time and he has big democratic majorities in the house and the senate but at the moment he also has a bit of the problem. more on the raw politics reading left to right, literally, james carville and bill bennett. many of the president's allies say he is paying a price for deferring too much to congress and letting the liberal committee chairmen shape his top priorities. columnist david brookses says this, machiavelli said a leader should be fear not loved. obama is loved by democratic chairmen but not feared. the chairmen flouted his priorities because they done fear him. >> everybody is betting more than they can afford right now. we'll see how it works out. i think it is something that is

an observation that people want him to be more involved. he and his chief of staff rahm emanuel who knows a lot about the hill, in particular the house, have chosen not to do that. we will know the wisdom of that decision this fall. >> bill, republicans are without a doubt, enjoying this. are there risks for them? senator demint talked about obama's waterloo. how republicans must defeat him on health care. bill kristol says with the president weakened somewhat some republicans will see an opening to deal. bill kristol advised go for the kill. 60% of the personal bankruptcies in this country are because of health care costs. is there a risk for the republicans in sounding so harsh? >> yeah. there is a risk. i don't think you want to make this your only issue and make it rise or fall only on this issue. besides, when the other side is falling apart, don't, you know, get in the way. let this thing proceed.

right now barack obama, president obama has to deal more with democrats than republicans. it is an odd thing, john. he is both at once it seems to me overplaying. he is flooding the zone with too many proposals, too much money, too many deficits when it comes to backing up his play, to take james' analogy, the poker game, he is stingy with the chips. >> both of you have the experience to know six months does not a presidency make. i want to go back to the wall. show you some numbers to help explain the slipping numbers. and the growing jitters. remember, places like virginia and north carolina, they were blue in the last election. traditionally red. ohio changed from red to blue. in the mountain west some states did. now have you have numbers like this. government expenditures up this year up $457 billion compared to last year. because of the recession government revenues down $346 billion. bigger spending, less money in the government, you get higher

deficits and the return of the "l" word, liberal into any conversation. does that worry you, james? >> sure. everything worries me about this point. two things that i actually feel much better than some democrats. a, i think there is a good chance these guys are very smart and very cagey and crafty. they will end up with something on health care and everybody that said they made all these mistakes and did everything wrong and it would collapse won't look so good. secondly, it is assumed that the economy is in the tank, it is not doing any better. actually, some people believe, smart people, what we are starting to see is a recovery. if this is the case come a year from now, if he has solid legislative achievements under his belt and a year into recovery and we start to see job growth, he'll be in good shape. >> it is a point worth making.

the election is next year, not this year. the president is paying a price for the economic anxiety americans feel. if you listen to the inspector general of the $750 billion t.a.r.p. program, the financial industry bailouts, people might have good reason to be worried about their tax dollars. listen to this sober assessment. >> i think if the goal was to remove $700 billion of toxic assets off the books of financial institutions that has not happened. if the goal was to increase lending that, too, unfortunately, has not happened. if the goal was to avoid a complete systemic collapse of the financial industry that may very well have happened. >> what did you make of that? the inspector general is not sure where the money has gone. >> i make of this, the independent witnesses, if you will, john, are weighing in. their testimony is not helpful to president obama. you had mr. elmendorf, mr. barofsky today with truly frightening numbers. in a way, the president asked us

to suspend belief. we are in a deficit situation. we are going to spend a lot of money. that was the stimulus. it turns out, at least so far, that stimulus doesn't seem to be helping. now we are asked to spend more money and not look at the details of the health care plan. hurry up. push it through. don't look at the man behind the curtain. just push this thing through. it seems not just heedless, but reckless. yeah. we will find out in six months or a year. right now it looks as if they have bit off more than they can chew. i agree with james. they are smart. they are very good politicians but i'm not sure they can govern. >> bill bennett, james carville, thanks. >> president obama gives a nationally televised news conference tomorrow night at 8:00 eastern. we expect to hear a lot about the health care issue. 9:00 black in america part two then at 11:00 a special edition of "ac 360." weigh in at ac360.com where the live chat is underway. up next, you heard at the top of the second safe theory. there is more breaking news. yet another blockbuster in the billings murder.

was this, in fact, the second time the killers snuck into the billings florida compound? we will ask the sheriff about this strange and terrible case as it takes one new turn after another. a death row inmate who says he is innocent. big deal you say, they all say that. in his case almost all of the witnesses now agree. when "360" continues.

more now on our breaking news about the murder of melanie and byrd billings the florida couple that adopted 13 children with special needs.

tonight a source is telling cnn the suspects wanted a second safe in the home that contained the mother load. we are talk about $100,000 t. source says they never got their hands on it. police say the suspects were caught on this surveillance video as they broke into the home. this bombshell revelation, the suspects allegedly performed a dry run of the crime at the victims' house. escambia county sheriff david morgan joins us. help us understand. a source telling us there was a second safe containing cash. $100,000, can you confirm that for us, sir, and tell us about it? >> i cannot. i can only confirm the items we know were removed from the billings home. a small, mid-sized safe and a black briefcase. >> you are saying there was not a second safe or you just can't confirm that, sir? >> i'm saying i'm not at liberty to address that issue. >> can you help us at all -- you talked in the past there could be more details that were not

made public. was there an amount of cash somewhere in the house or did they think there was a large amount of cash in the house? >> i can only repeat to you what has been reported in local papers, unconfirmed by the escambia county sheriff's office. >> what can you tell us about the dry run the suspects staged and how were you able to get that information? >> that information was reported in the local papers. we know for a fact they trained for at least 30 days in wooded area in santa rosa county. and in and around the home of gonzalez sr. we know they trained for some time. it has been alleged but we are not willing to release and confirm that they did, in fact, make a dry run. we won't address that issue at this time. >> you say a dry run, you don't want to confirm. they trained in the woods.

can you help us understand a bit more about what happened at that property? >> well, yes, sir. again, if one views the videotapes and reads the testimony that has been released to date and through some of our press conferences, as we've stated from the beginning, contrary to some folks on some of the talk shows, this was a well-planned and well-executed home invasion. it is obvious these individuals trained for an extended period of time by that i mean at least weeks together. their entry of the home is indicative of that. they entered the front and back of the home at the same time with five individuals. they were on the property for less than ten minutes. the actual time in the home was a little over four minutes. it is obvious to anyone who read this case, reviewed this case, listened to our press conferences that it was a well executed, well planned and well trained for. >> you have used the term humdinger.

when people understand all of the facts it will be one humdinger of the case. can you help me, sir, is that the level of training or is that about the $100,000 they thought was in the house? >> it is the entire scope of this case. i have compared this case to the clutter family murder in kansas, of course, was written by truman capote in "cold blood" and the tate/labianca murders. we have exceeded those numbers and the numbers, sadly, look like they are going to grow. we have three more persons of interest. we are looking for an individual who was remiss in shutting down the alarm system. so this case continues and today as we are reviewing case files there are other individuals we need to reinterview. while we have three persons of interest, this case is far from over. >> far from over, sir. i only have a little bit of time left. tell me, what is the most significant piece of new information that crossed your desk today?

>> well, it's the persons of interest. we are very confident we are near an arrest. >> sheriff morgan, thanks again so much. we thank you for your time. >> thank you, sir. >> we'll keep checking in with you. still ahead, a harvard professor arrested while trying to get into his own home. he says it is because he is black. police tell a different story. what really happened? a man on death row for killing a cop. but did he do it? two decades later new information that could change everything. witnesses recanting their stories and jurors changing their minds. gary tuchman ns gaits. >> did you think he did the shooting? >> yes, sir. >> did you ask him? >> no. but the way he was acting. i'm scared. >> how come you are talking to me? >> i don't want to see an innocent man get killed for something he didn't even do.

he spent nearly 18 years on death row but is troy davis a cop killer or an innocent man? gary tuchman investigates. coming up. first erica hill joins us with a "360" bulletin. seven suicide bombers dressed as women targeted police officers in afghanistan. while police did shoot and kill four of those attackers. three blew themselves up killing three officers. officials blame the taliban. new clashes between security forces and protesters. sources and witnesses telling cnn 200 to 300 protesters tried to gather and were met by 400 to 500 security forces. it is unclear how many arrests were made. dramatic new video of what appears to be security forces, one in uniform, the other in a suit firing their guns at protesters. we want to point out, it is very

important, cnn cannot confirm when this video was taken. try this again. on capitol hill the senate voting to block expansion of the f-22 fighter jet program. that vote, of course, gives the white house and the pentagon a key victory. for congressional supporters of the f-22. at this moment millions of people across asia gathering to see the longest total solar eclipse of the century. you are looking at a live picture from india. the eclipse will last a full six minutes, 39 seconds. you are lucky we are showing you this tonight because there won't be another one until 2132. >> hope to see you then. are you feeling okay over there? >> i'm going to try to get rid of the tickle. allegations of racial profiling or were police doing their job?

the nation is talking about it. even fighting over the facts. we try to cut through the noise. and get to the heart of the question. later, we show you what happens when you mix white house formal and country casual and what it sounds like tonight on "360." [ engine revving ] [ engine powers down ] gentlemen, you booked your hotels on orbitz. well, the price went down, so you're all getting a check thanks. for the difference. except for you -- you didn't book with orbitz, so you're not getting a check. well, i think we've all learned a valuable lesson today.

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here to rethink wealth management. here to answer... your questions. morgan stanley smith barney. a new wealth management firm with over 130 years of experience. tonight's nation divided report is about two ways of seeing the same situation. it begins with seeing henry lewis gates, distinguished professor and harvard scholar in handcuffs.

he was arrested last thursday after somebody reported seeing two black men breaking into their home. they happened to be professor gates and his driver. the police came, words were exchanged and gates ended up in handcuffs. the charges were dropped today. a massive public debate is going strong. was the professor a victim of police profiling? were the cops doing their job? what they would do whether the man was black or white? here is joe johns. >> reporter: the controversy at cambridge involving harvard university professor involving henry lewis gates involves two different version of events, gates' version and the police version. the question is what happened motivated by race or a run of the mill confrontation that got out of hand. >> what went wrong is you had two human beings reacting to a set of circumstances and unfortunately at the time cooler heads did not prevail. >> reporter: what seems clear, gates a 58-year-old man who walks with a cane had been out of the country on business and returned home here with

chauffeur. a woman mistook it for a crime in progress calling police reporting two african-american men with backpacks trying to force their way in. by the time police arrived gates was already inside. this is where the stories start to differ just a bit. at the front door the officer asked gates for proof he lived here. he started walking through the house to the kitchen where his walt wallet was. the police officer followed him. gates provided the officer with his driver's license as well as university i.d. the police report says gates became belligerent though he eventually gave the officer his university i.d. that officer who is white said gates accused him of being a racist. according to the police report when the officer asked gates to step outside gates said, yeah, i will speak with your mama outside. gates' lawyer, harvard law

professor confirms gates used some strong language. >> the question here was why are you doing this because i'm a black man and you are a white police officer. why is this happening to me. i live here. >> reporter: he was arrested and spent several hours in police custody before posting $40 bond on a disorderly conduct charge. he is well known in the neighborhood and there are a lot of different opinions, some supporting the police. >> i would be glad if somebody called the police. if somebody was breaking into my house. >> i don't know that it is necessarily typical, but it occurs with too great a frequency. >> reporter: an old debate about race and police playing out in the academic high ground at one of the nation's top universities. joe, is it all over? what next? >> reporter: it is not necessarily all over. among other things gates is considering a documentary on racial profiling. he is considering his legal options. we are told he is demanding an apology from that police officer. so there is a lot to be said. >> joe johns in cambridge.

joe, thanks. digging deeper now with the police chief who has been a pour fted e pourful advocate. ronald davis spent 19 years on the oakland, california, police force. he is chief of police for east palo alto. you were head of the police academy in oakland. how do you train officers for the sensitivity of operating in the african-american community? >> well, i think you teach them to be sensitive to all communities. but i think you teach them to understand they may be influenced by their biases, make them aware of their stereotypes they may bring to the job. that the job may teach them. you teach them the value of positive police and community relations and they are a critical component of their success and you teach them that professional policing demands ethical policing and they should be held to a higher standard serving all of our communities. >> i know you don't want to talk specifically about this case.

from the accounts we have received, this appears you had a situation where the professor was deeply offended he was being questioned on his own property. a police officer who believed his professionalism was being questioned by the professor. is there a way in training you can put in a circuit breaker when the officer realizes this is getting out of control. we don't get a pause button in life. how can we have a circuit breaker? how can you train for that? >> first you have to make people aware of the impact their actions may have. even legal actions. that is one of the bigger challenges. the legality of the stop is one issue, the impact may be another issue. there is a point in time where officers have to realize that their impact, the ability to detain somebody, to restrict their freedom is powerful and should be used judiciously and respectfully. there should be a pause button once factors are determined. once it is clear there is no threat and no crime there is nothing wrong with apologizing. >> we were talking about this in the newsroom.

on the one hand people say, witnesses walking by a house, see men kicking in the door. they call police. the officer responding says i'm responding to a witness report of a break in. some african-americans in the office say wait a minute, you don't understand the sensitivity african-americans have in dealing with the police department especially in their own neighborhood and in this case in their own home. help us understand that better, sir. >> there are two perspectives. on one hand you want community members to get involved. you try to tell community members, hey, make the call if things are suspicious. on the other hand, as an african-american, you always going to have the question am i suspicious because of my behavior or because of my race? would that phone call be made if i were not african-american? our history with police community relations is not that positive. >> help us understand, where do you draw the line between criminal profiling that is an accepted practice and racial profiling which would not be.

>> there is a simple phrase, race is a descriptor, not a predictor. using race to describe someone who committed a crime that is appropriate. when you use race to predict crime the belief that minorities are more likely to commit crime, the belief that if i'm african-american i may not belong in a certain neighborhood. you are trying to predict crime, you have biases, stereotypes. race as a descriptor not a predictor. >> thank you for your time. >> thank you, john. >> as you have been seeing this is a story with not just competing interpretations but disputing facts. there is a lot more on-line includes the cambridge police report at ac360.com. we'd like to know what you think about professor gates' arrest. join the chat at ac360.com. did police get the wrong man. he is on death row awaiting execution as those who testified against him say he is innocent.

why are they talking now? the latest on this explosive case ahead. >> profiting from pot. should cash hungry states and cities raise money by taxing medical marijuana. we show you a pot dispensary in oakland, california, what do you think? that story coming up. is it? (voice 1) traffic's off the chart... (voice 2) they're pinging more targets... (voice 3) isolate... prevent damage... (voice 2) got 'em. (voice 3) great exercise guys. let's run it again.

they helped send him to death row.

now nearly 20 years later they want to set him free. many of the key witnesses ho who helped convict a man of killing a cop believe in his innocence. the georgia case attracted worldwide attention. does the condemned inmate deserve to die or was he framed? gary tuchman has an up-close look at the case. >> reporter: it is anything but a routine question. how scared are you of possibly being executed it is relevant, the man i'm talking to, troy davis, may soon be a dead man. a jury took a few hours to decide he was guilty of killing a police officer in savannah, georgia, a few more hours to decide to send him to death row. brenda forest was one of the jurors. >> all of the witnesses, they were able to, you know, i.d. him as the person who actually did it. >> reporter: the primary reason he was convicted, the witness testimony. the slain police officer's wife agrees. >> they were just so adamant about what they saw, when they saw it. >> reporter: but this is how the juror feels now.

>> if i knew then what i know now, troy davis would not be on death row. the verdict would be not guilty. >> reporter: what she knows now is this, almost all of the prosecution's star witnesses have changed their stories. some say police pressured them to say troy davis did it. daryl collins is one of the prosecution witnesses who signed a police statement implicating troy davis. >> i told them over and over i didn't see this happen. they put what they wanted to put in that statement. >> reporter: 20 years ago mike mcphail was providing security for the bus station and burger king restaurant that is out of business. a homeless man was being harassed. he yelled for help. the officer ran over and seconds later the officer was shot and killed. it was tragic, horrifying and chaotic. two decades later it still is. the man who admitted to harassing the homeless person went to police and said he saw

troy davis shoot the officer. wanted posters went up over savannah. a reward to catch the dangerous cop killer. racial tensions enflamed. after the shooting, troy davis was in atlanta four hours away, his sister said scared for his life. >> my brother decided to turn himself in. they had a shoot to kill order on him. >> reporter: this man derrick johnson, a pastor, got in touch with davis. he vonned to pick him up to drive him back to savannah to surrender. he said troy davis insisted he was innocent. he was stunned the d.a.'s office never interviewed him. you are with the man four hours you are bringing him back to savannah to police custody. they never interviewed you? >> never talked to me. >> reporter: never asked you a question? >> nothing. >> reporter: if he admitted to the crime, didn't admit to the crime. >> nothing. this is the one case nobody wanted to know. i don't think now looking back anybody cared. >> reporter: the pastor is one of many who believe facts be damned.

troy davis was going to be arrested for murder. savannah police says their witness interviews were taken properly, no coercion. prosecutors have stood by the conviction. witnesses have signed affidavits changing their testimony. dorothy ferrell is one of them. a former prison inmate she writes -- i was scared if i didn't cooperate he might try to lock me up again. i told the detective that troy davis was the shooter even though the truth was that i didn't see who shot the officer. jeffrey sapp writes the police came and talked to me and put a lot of pressure on me. to say troy did this. they made it clear that the only way they would leave me alone is if i told them what they wanted to hear. this woman who says she purposely left out testimony. sylvester coles came up to you after the shooting and said hold my gun. >> yes, sir. >> reporter: sylvester coles the man who admitted harassing the homeless person, the man who fingered troy davis.

he talked to tanya davis. >> he opened the screen door. >> reporter: this screen door here? >> this screen door here which this was not here. it was like wood. this was tore out. he opened the door, sat the gun here and shut the door back. >> reporter: did you think he did the shooting? >> yes, sir. >> reporter: did you ask him? >> no. but the way he was acting -- >> reporter: how come? >> i was scared. i was scared of him. >> reporter: today you are scared of him? >> yes, sir. >> reporter: he is still in town? >> yes, sir. >> reporter: a free man. >> yes, sir. >> reporter: you have seen him? how come you are talking to me? i admire the fact you are. >> because i don't want to see this innocent man get killed for something he didn't even do. >> reporter: during the trial davis' attorneys tried to convince jurors coles was uh the killer. we tried to find sylvester red coles to give him a chance to let him have hi say. >> i don't believe red coles killed mark. >> officer mcphail's wife look

who had a 2-year-old daughter and a newborn son looks at vil vester coles in a very different light. >> sylvester came forward. he didn't have to. i know troy ran and he didn't have to. if he were innocent he should have come forward. >> reporter: what does she think about people like tanya johnson with new information? >> five minutes of fame. >> reporter: pope benedict asked for davis' sentence to be commuted. jimmy carter and bob barr asked for the case to be reopened. troy davis has been hours away from execution three times. only to have the case reviewed. it has reached the u.s. supreme court. if the justices decide to not review the case troy davis could go to the death chamber within days. remember when i asked him if he thought he would be executed. troy davis said no. he said he has faith in the justice system, a view that ironically is shared by the widow of the murdered police officer. >> we believe in this justice system. we have to believe in this justice system. >> reporter: she is still waiting for an execution.

>> gary tuchman, if the supreme court says no, is that the end? >> not necessarily. the district attorney in the local county in georgia where the crime happened could order a new investigation. you might say well it hasn't been done over 20 years why would that happen? here is the crux. there is a new district attorney in town. the first african-american district attorney in county history. obviously we wanted to interview the guy. he wouldn't talk to us. we don't know his viewpoint at all. but there are a lot of people for and against an exoneration, hopeful and fearful he may be more flexible because he is african-american. nothing is going to happen this summer. the supreme court is on vacation. they come back first monday of october. >> the d.a. wouldn't talk to you because this might come before him? >> not sure why he won't talk. he is being very cautious with this case and will not -- we have no idea what his opinion is. >> fascinating report. for more on gary's story including behind the scenes

photos log on to ac360.com. tomorrow night the cnn primetime event begins "black in america ii" soledad o'brien, the new stories, the new struggles. trust me, it will get you talking. tomorrow 9:00 eastern and thursday at 8:00. up next, profiting from pot how taxing green could help one california city get out of the red. they are going country at the white house. the first family welcoming the stars of country and bluegrass including allison krause. the celebration coming up. is there anything that the bank can do for you? customers are stressed. so that's why, you know we've adjusted a lot of the different processes we have in place such as rolling out more innovative products to really meet the needs of the customers. we actually move with the economic times. customers who maybe have lost their jobs, we're looking at waiving fees for them. we've introduced add it up. our risk free cd. it's one stop shopping for all the answers they're looking for. you just kind of have to learn to, just you know, just be there. that's how we keep moving.

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you might know medical marijuana is legal in california. could it be the answer to the state's budget woes? voters in oakland are deciding whether medical marijuana dispensaries should pay more in taxes. if passed oakland would be the first city in the country to tax marijuana directly. dan simon live in oakland with the details. dan? >> reporter: we are at the harborside medical center, the largest cannabis dispensary in oakland.

there are not too many patients behind me. they are winding down here. in front of me you can see the display cabinet here. it looks like what you might see at a normal store. the various strains of medical. the medical edibles. cookies and brownies. this place will do $20 million in sales. they pay taxes on all of that. the guy running this place says he wants to pay more. from this vantage point it resembles a bank but the green isn't cash, but it could be a cash crop for the city of oakland. how much more in taxes would you have to pay? >> i will pay between $350,000 and $400,000 in additional taxes as a result of the excise tax. >> reporter: most business operators wouldn't be too thrilled. but steve deangelo say s

he and his lawyer came up with the idea to help oakland with the money shortage. the city is $80 million in the hole. >> we think it is appropriate to take excess funds and circulate them back to the community in its time of need. >> out of that came measure "f" aproved unanimously by oakland city council to let voters decide in balloting by mail whether medical cannabis should have its own special tax. to city leaders, it is an absolute no-brainer. >> given the medical cannabis dispensaries are something we have legalized in california why not have the revenue from it? >> reporter: to be clear the revenue wouldn't be hugely significant. up to $1 million annually for the city. the dispensaries have another agenda. how much of this is also about you and other dispensaries wanting to be seen as good neighbor and legitimate businesses? >> a lot of it is about that. we very much want to be accepted as a part of the community. we believe we are a positive force within the community and

we're always looking for opportunities to demonstrate that to our fellow citizens. >> reporter: they hope that could lead to greater acceptance of medical marijuana everywhere. no formal opposition has emerged. some say it sends the wrong message. >> taxation of a federally unlawful drug is not something the community should accept. >> reporter: california has made marijuana legal at least for medical purposes and as communities around the state suffer revenue shortages, it's clear the debate will continue. here we are in the plant section. they sell live plants for people to take home. this is called great punch. in terms of the election, john, the polls, it is a mail in ballot, but the election ends at the top of the hour. at this point about 50,000 people have cast their ballots. 24% turnout. it is widely expected to pass. with that as one dispensary operator put it, he says we are

"moving toward being accepted like budweiser beer." john. >> that is an interesting way to put it. so, dan, assuming this goes through, is this a unique case or are other cities interested in a pot tax? >> reporter: you look at a city like los angeles there are 600 medical cannabis dispensaries in los angeles. there are more places to buy marijuana than mcdonald's or starbucks. it is not surprising the city council is looking at taxes medical cannabis. they see big dollars with this. also sacramento, of course. we have been talking about the state's budget woes there is a state assemblyman from san francisco who has proposaled a bill to tax and regulate marijuana like you would alcohol and according to some estimates that might bring the state as much as $1 billion a year. >> i can't say i would ever hear the sentence more places to buy marijuana than starbucks or mcdonald's.

dan a fascinating story. can america afford to make pot legal? can we afford not to? america's high, the case for and against pot."american's high: the case for and against pot." "ac 360" special, friday night at 10:00 p.m. erin andrews, the victim of a peeping tom, videotaped while naked in her hotel room. detail and andrew's response ahead. president obama and first lady official, country and blue class music.

i'm sorry. i can't hear you very well. announcer: does someone you know have trouble hearing on the phone? dad. dad, let me help you with that, okay? announcer: now, a free phone service shows captions of everything a caller says. i'd like to make an appointment to see the doctor. announcer: to learn more about captioned telephone, call 1-800-552-7724 or go to our website. i'll see you at 3:00! announcer: captioned telephone - enjoy the phone again!

erica hill joins us with a 360 bulletin. >> police ready with riot gear as racial town mound in parish, texas. white and black sup prem sift exchanging cries of white power and black power. a dragging death of an african-american man, charges dismissed last month. two protesters arrested today for disorderly conduct. rape allegations today against ben roethlisberger. a woman seeking $500,000 in damages from the steelers' mvp and hotel in lake tahoe where she said she was raped. the woman claims roethlisberger assaulted her in his room. his lawyer sharply denied

allegations. erin andrews, civil penalties. a person made a video of her naked in her hotel room, shot through the key hole. that video made it online. if you're thinking of tracking it down, many of the video links are viruses which is maybe what you deserve if you're trying to find that. sarah palin's legal woes, not over yet. the one-time gop vice presidential candidate said she was stepping down in part because of the time and money needed to fight a string of ethics complaints. a preliminary report now finds the legal expense funds governor palin set up to deal with those allegations may be a violation of state ethic laws. a star-studded musical event at the white house. some of the best-known names in country music. president and first lady tonight hosting alison krauss, brad paisley and charlie pride. the latest event in the white house series celebrating the arts.

♪ a little taste there for you, john. >> one of those, it's good to be king or good to be president moments, i guess. everybody at the house. >> i think they have a few of those at the white house. i'm going out on a limb. >> more than a few. more than a few. here we go. beat 360 winner. daily challenge to winners, a chance to show up staffers by coming up with a better caption for a picture on the blog every day. president obama framed by a ladder while delivering remarks about the health care reform in the white house rose garden. joey, staff winner, for instance, if that guy fell off the ladder, it might be six months before he could see a doctor in canada. >> i love it. joey, i've missed your captions. >> our winner is karen. i think she topped him. sorry, guys, but the prompter is way too high up there. >> i'm giving them a tie. >> karen gets the t-shirt. you don't get to call it a tie.

your t-shirt on the way. next, "shot." more than car trouble. watch the baboon barrage. so what do you think?

i think i'll go with the basic package. good choice. only meineke lets you choose the brake service that's right for you. and save 50% on pads and shoes. meineke. all right, erica hill. been a while since we've been together for a "shot." a road hazard to remember. look at this. baboons, baboons, loads of them. come on. let's get to the baboons. >> dramatic --

>> swarming around and on top of a car in england. look at that. >> it's crazy. >> yeah. wow. okay. they didn't pack very well either. this happened in a safari park. intentional. this is not acted. this is intentional. how the enterprising mammals, that's what we call them, ripped into rooftop luggage carriers. let that be a lesson to you. >> right. the moral of the story is if you're driving through an animal park with a rooftop luggage carrier, think twice about the luggage carrier. interesting. >> this is what i learned covering politics. you would know that i know this. ready? they live to be about 30. they travel in, what do you call it? a pack, a gaggle? >> a gaggle, like the press corps? >> it's a troupe. a troupe of baboons. >> really? like a brownie troupe? >> that was an eager troop of babo baboons. >>e