that doesn't mean people are necessarily going to vote for me as a result of that. i do hope they take time to look at my website and see where i stand on the issues because that's the real reason they should vote for me. >> that's the real reason. sir, it sounds like they have been able to answer things and deal with it to your satisfaction. and i know and to explain to our viewers a little bit. the first screen they saw where they could check your name it did say rich whitney, but then at the end, that's when it said r. whitey or rich whitey. how much do you think that really possibly could've cost you? surely people would know they were still -- if they already clicked your name once, they should know on that review screen what they actually had selected. >> well, after they got to the review screen or when they got to the review screen, they could change their vote. so if someone was -- certainly people were confused by this. and if they thought, oh, that's not the person i meant to vote

for, they could change their vote. now, am i saying there are a lot of people who did this? probably not. but it also raises questions about the integrity of these voting machines generally. and i think that's a real serious issue and an ongoing issue. something as important as the integrity of our vote in my view should not be left for private for profit corporations where apparently it was not cost effective for them to proofread the ballot in a gubernatorial race. >> now, this mistake was spotted by an early voter, reported to the board of elections who said the problem wouldn't or couldn't be fixed. the national tension and the embarrassment forced them to correct this typo in almost 5,000 electronic voting machines. so a real turn around here. >> yes, one letter can make all the difference. this could be fredericka whitefield if you just add one -- >> it happens all the time too. it happens all the time. my name is always misspelled. >> is it? >> misspelled or mispronounced.

whitford, whitefield. >> sure it, happens. >> that's okay. you've got to have a sense of humor like he did. >> it's all all right. >> and i misspoke earlier, the tyra banks show, not necessarily the top model show. but anyway, we're going to delve into that with our legal guys. so pay attention. they've got all the facts. all right. good to see you guys. >> see ya, fred. another story we're following this morning. this is alarming and very frightening. an outbreak of cholera is spreading. and health officials fear that the tiny island nation of haiti is now on a brink of another disaster. the big fear right now, the deadly disease could spread to camps where thousands of earthquake victims still live in squalor. in a moment, i'll be talking live with a doctor who is treating the cholera victims in haiti. but first, cnn takes us to the epicenter of this outbreak in st. marc. >> reporter: a chaotic scene in

the town of st. marc where hospitals are overflowing. witnesses say the sick are lined up, many on stretchers. some waiting 24 hours or more to get medical care. the red cross and other humanitarian agencies are rushing doctors, medical supplies, and clean water to the affected region. >> it's a very worrying situation. and we're very concerned. and we're mobilizing much more tomorrow to make sure that we stay on top of this. >> reporter: haiti's prime minister confirmed the outbreak. the first in the country in decades. >> we are in contact with the cdc. and we can confirm that we are treating cholera. >> doctors are trying to determine where the cholera came from. there are fears the river, which

irrigates much of central haiti may be contaminated. there's also concern the outbreak could spread to the crowded tent cities in port-au-prince where thousands of quake survivors are still living in makeshift camps. >> the disease hasn't been reported in those camps yet, but the camps aren't very far away from where the disease is being reported. so the local and international community is going to have to work very hard very fast to try to get supplies in, but also do a lot of education with the people in the camps about measures which they can take in order to prevent contracting the disease and prevent spreading the disease. >> reporter: cnn, atlanta. and let's turn now to dr. charles armazo treating cholera victims at ground zero in this outbreak joining us via skype right now. doctor, do you feel like what you're doing and other medical technicians are doing is in any way helping to slow down this

outbreak? >> reporter: i think for now, the hospital where i'm based now is two hours drive from port-au-prince and we are receiving less and less cases. and they are coming less sick. i think something has been done about education and providing a lot of water, clean water. so at the community level, we use a lot of community workers to help with this epidemic. i think i would say for now we -- we are not really in control of it, but we're getting less and less cases. >> and so how are you treating people? what kind of medicine do you have? and what is still needed? >> for now we are giving patient -- those who are less sicker, we're giving oral serum.

and when they're very sick, we give them iv fluids. for now, in partners in health, we are working in partnership with the government we're okay with supplies for now. but we can't say for tomorrow or the days coming because we are supplying a lot. and we are giving them a lot of supplies. and we are also partners helping us at the hospital and also units that are also helping. >> dr. charles armazo, thanks so much for joining us via skype and all the best in your continued efforts to help the people there in haiti. back in this country now. and on to politics where there are just ten days. can you believe it? just ten days left until election day.

in florida, republican senate candidate marco rubio welcomes sarah palin to rally in orlando. so let's get started in nevada, the president was there throwing his support to harry reid, the senate majority leader is locked in a tight battle with tea party favorite sharron angle. ed henry has more. >> reporter: well, fred, the president was here in las vegas because the stakes in this senate battle could not be more enormous. this could be the race that decides who controls the chamber next year. senate majority leader harry reid in the fight of his political life. i'm going to be spending some time later this morning with harry reid. he's going to be canvassing, trying to do a little bit of get out the vote. i' going to bring you that during ballot bowl, my conversation with the majority leader. he is -- it's gotten nasty in this race. he's called his republican opponent sharron angle an embarrassment to the state because she said among other things that unemployment people

are spoiled and that basically they don't deserve unemployment benefits. she's fired back, sharron angle by saying in this one debate they had, man up, harry reid. basically he needs to take responsibility for the economic problems here, unemployment 15% here in vegas. far worse than the national average. the fact that reid is in so much trouble is why the president was here, vice president biden in this state a couple days ago. and we just found out that first lady michelle obama. she'll be in vegas on november 1st, the day before the election. they know inside the white house, harry reid's in deep trouble. that's why we're here. ballot bowl. don't miss it. live from caesar's palace. i'm going to be working. not going to be in the bowl. >> we appreciate that. let's go to florida where both the senate and governors races there are coming down to the wire. we get more from cnn political editor mark preston. >> hey, fred, things aren't so bright in the sunshine state these days where the unemployment rate is 11.9% and

the housing crisis has really hit the state hard. republicans and democrats are arguing over who has the best solutions to turn the economy around. in just a couple of hours, we're going to hear from one of them. sarah palin's going to headline a major rally in orlando. she's going to be on stage with rnc chairman michael steele and marco rubio, the republican senate nominee. the next day in florida rooubio will participate in the senate debate. he's going to be on stage with governor charlie crist, the republican who got pushed out of the gop primary by rubio and is now running an independent bid and the democratic nominee congressman kendrick meek. so expect fireworks during this debate. that can be seen here live at 9:00 a.m. during a special edition of "state of the union" with candy crowley. the next day, the two hopefuls running for governor, rick scott the republican and the democrat

will appear on "john king usa" in their own debate from the university of south florida. john king is going to moderate this debate that has been a contentious race between scott and sink. so two important races you can see here live on cnn in the next couple of days. florida has always been important politically, especially in these midterm elections. fred? >> marc, appreciate that. thank you so much. all right. cnn's ballot bowl. it's back. hear what the candidates, president obama, and former alaskan governor sarah palin are saying about the races and issues as we count down to those all important midterm elections. "ballot bowl" airs today from 3:00 to 6:00 p.m. eastern only on cnn. all right. the diabetes rate. well, it's expected to skyrocket in the next few decades. 1 in 3 american adults could be affected. how to avoid becoming a statistic. [ j. weissman ] it was 1975.

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okay. now doubt you heard the disturbing medical news this week. by 2050, 1/3 of u.s. adults will have type ii diabetes. here's some numbers to consider right now. nearly 6 million americans have diabetes and don't even know it. 1 in 10 american adults has diabetes right now. so in 40 years, 2050, 1 in every 3 american adults will be stricken with this disease. but don't despair, there are things we can do right now to try to avoid being that one in three. so we brought in registered dietitian and obesity expert jul

julie schwartz to help us figure this out. there are things to be doing right now. it boils down to diet, boils down to physical activity, doesn't it? >> it does. and the nice thing is if you think about that, that is in our control. there's a lot of things, our genes we can't control, some of our environment, but we can control what we put in our mouth. and we can control moving more through the day. >> non-medical methods in which to, you know, keep or stave off diabetes. >> right. and there's an abundance of research of programs that have worked. with millions of people, actually. and what we do in the programs that work, people eat more fruits and vegetables, eat less fat, and move more throughout the day. even ten minutes of walking here, ten minutes of walking there, just trying to add up to about 150 minutes of any kind of activity throughout the week. makes a huge difference. >> so no one should really be that alarmed by these stats in 40 years. because you look around right now.

more than half americans are dealing with the weight problem or obesity right now. and everyone knows there's a correlation between obesity and diabetes. >> there is. and i believe a lot of that correlation also comes down to lifestyle. as well as the fat cells. the lifestyle is what we can control. so it's not about making drastic changes, giving up your favorite food like a diet would do. a diet tells you stop eating this, stop eating that, and then tells you how you fail. and then if you take a lifestyle approach, you can figure out what do i need to eat? what can i add to my day? >> help me understand what i should be eating. i know you said more fruits and vegetables. sometimes we reach for things and maybe the fat content is a little higher than we might want it to be. in an optimal way. that's kind of what tastes good, that's what works on my plate here. >> and it's not about giving those things up. it's about balancing those higher-fat foods with lower-fat

foods. and really the balance idea is important. because when we give health recommendations, it's also the same basic recommendation for people to be satiated or satisfied with their meals. so it maybe had that little bit of high-fat food or maybe a dessert. but balance that out with lower fat foods throughout the day. and again, we hear that over and over and over, most americans have one serving or less a day. and most -- >> and you want to have how many servings a day? >> five to seven at least. >> five to seven? >> yeah. and try to incorporate it more into the day. not being afraid of fruit because it has sugar. it's natural sugar. there's plenty of other highly sought off nutrients. >> and that's going to suppress that urge to reach for that candy bar when you go for the natural sugar type things. >> right. and your body is often craving that natural sugar and our brain says go get the candy bar. >> thanks so much. all of these things we're doing

right now to make sure we're not one in three. >> thank you. >> appreciate it. thank you. we're going to talk legal straight ahead. o.j. simpson gets an answer in his bid to get his criminal convictions in nevada overturned. but it's not the decision he was hoping for. we'll find out the latest when we check in live with our legal guys. interesting grooming. thanks. i got the idea from general mills big g cereals. they put a white check on the top of every box to let people know that their cereals have healthy whole grain, and they're the right choice... (announcer) general mills makes getting whole grain an easy choice. just look for the white check.

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all right. straight ahead on today's docket of legal briefs, o.j. simpson's appeal is rejected by the nevada supreme court, but that's not the case for one of his co-defendants. plus, more than nine years after her slaying, the chandra

leavy murder trial is underway. we'll touch on all of those legal topics in a moment. but first, a look at our top stories. the whistleblower website wikileaks has posted nearly 400,000 classified documents from the iraq war online. antiwar activists said it raised the death toll by 15,000. and they say that papers also show evidence of war crimes. the pentagon denounces the release and refutes the allegations of war crimes. we'll have a live report from the pentagon coming up. and in juarez, mexico, another horrific crime. gunmen opened fire on a house party last night killing at least 11 people. as many as seven others were wounded. the victims all young people. there's no word on the motive. juarez is at the epicenter of mexico's battle against drug gangs. and in california, a deadly shark attack. a 19-year-old college student was killed in the surf near vanderberg air force base.

he was boogie boarding with a friend when the shark bit off his left leg. three beaches in the area are closed for the next few days. so they were tried together, both convicted and sentenced. but football hall of famer o.j. simpson loses his appeal while his co-defendant gets a new trial. our legal guys, live from cleveland, and richard herman live from las vegas. good to see both of you. >> good to see you, fredericka. >> all right, richard, let's begin with you in las vegas. this is taking place in your backyard. o.j. simpson not getting a new trial, but his co-defendant is. what's that issue here? why the disparity? >> fred, in criminal cases, the goal is to get a fair trial. and here what the appellate court said because of the fame and infamy of o.j. simpson, this defendant's denial of a severance.

he said it's going to reflect in the jury, they're not going to look at me individually, they're going to lump me in with him and i'm not going to get a fair trial. that's what it came down to on appeal. they said the judge made a mistake, he should be tried on the merits against him alone. and based on that, they gave him a new trial. o.j.'s getting no new trial. >> why was it determined in this case that they should be tried together? >> well, i -- i don't know. i think from the standpoint of efficiency, the prosecutors probably wanted both tried together. that's probably what the trial judge did. uh i frankly think it was a ridiculous idea bound to be reversed by the court of appeals. because, look, o.j. is toxic, fredericka. the fact is the appellate panel talked about spillover. what they really meant was o.j.'s radio active and therefore, c.j. couldn't get a

fair trial. stewart basically said, oh, i think that's a good idea. and that's what's going to go back to trial. that's what's going to happen. a lot of people think he's going to walk. i think it's still a very strong case against stewart, but he's going to be tried alone. >> so would o.j. simpson have any other legal recourse here? if we're talking about the same evidence, talking about the same eyewitnesss, et cetera, would he too be able to make the same argument, richard? maybe not that the jury was prejudicial because, you know, being associated with c.j. stewart, but instead the other way around, but might he be able to make some other legal argument that he too deserves another trial? >> he made that argument, and the appellate courts reviewed -- >> again, he's done? he has no more opportunities? >> he's done, fred. it's over, he's done. 9 to 33, they're never going to let him out in nine years. he's not going to do 33, but

nevada's tough. they feel -- >> so what? >> everybody feels he skated the first time around. this guy's going to pay the piper here. >> now nine years after the fact, chandra levy went missing, and years later there was a suspect arrested. now it is finally going the trial. so richard, i wonder, so much time has passed. whether this is going to be a difficult case in which to try because of the dna evidence being old, because so much time has passed. is that an obstacle for the prosecution? >> tremendous insight, fred. it's an absolute obstacle. the dna has been botched, the investigation has been botched. they focused so heavily on the representative early on and did not look into other areas. and the whole premise of the government's case is based on information from other people in jail with the defendant here. so that's the testimony they're

going to rely on. hearsay statements, you know, fred, this case -- it very well could be an acquittal on this case. >> really? you see the same way, avery? >> well -- >> acquittal because of all of these things? >> because of the time and because of the break in the chain. but it's even more complicated because this week there was jury selection. and the defendant here has already been convicted of similar crimes in california, but this is a case tried in the district of columbia. people who have been mugged are actually going to be on the jury much to the concern of the defense. there are a multitude of issues. judge gerald fisher has his hands full in controlling the trial. but i agree, there's so many problems along the way. this conviction may be hard to see. >> and gentlemen, i only have about 20 seconds left to talk about blackwater and why in the world the federal case is

falling apart. and if with wikileaks new information now that apparently reveals some documents, it also shows that many civilians were killed by blackwater. might that in any way help a case that is falling apart right now? avery? >> no. the federal government offered them immunity, immunity sticks. frustrating to the prosecution. immunity prevails, injust, but nothing that can be done about it. absolutely nothing. >> richard? last ten seconds. >> preservation of evidence in war zones is extremely difficult. u.s. civilian courts, state department versus defense department. big mess, fred. >> all right, gentlemen, we're going to see you again. we look forward to that. part two of our part deaux as avery likes toy say. we're going to talk to a georgia woman who feels she has a case against the tyra banks show because her daughter got on a plane without parental consent.

we're going to talk about that. thanks so much, guys. appreciate it. and i mentioned wikileaks, that website. it is calling the largest classified military leak in history. thousands of secret war documents published online. we'll tell you what's in them and how the pentagon is now responding, as well. ♪ this one thing i'll eat, any time of day ♪ pancakes! ♪ from dawn 'til sunset, i'll never walk away ♪ ♪ blueberry pancakes are so good ♪ [ male announcer ] bisquick. pancake lovers unite.

classified military documents covering six years of the iraq war are now available for anyone to see online. the whistleblower website wikileaks released the records. nearly 400,000 in all saying they reveal hidden truths about the war. among the revelations, details about civilian deaths. wikileaks claims 15,000 of those deaths were never even publicly documented before. but wikileak's most explosive claims explain some of those deaths. >> i think we can make even stronger statements in these documents that there is very strong evidence compelling evidence of war crimes having been committed by coalition forces.

and having been committed by iraqi government forces in this material. >> pentagon officials say some of what's in all those documents could put troops in even greater danger. let's bring in our pentagon correspondent chris lawrence. what are they telling you about that? >> bottom line, fred. one defense official told me this release makes the u.s. military more vulnerable now than it was even six months ago. he called it a treasure-trove of information that involves not only military tactics, but information of how the u.s. military cultivates its sources. it also potentially puts iraqis in danger. the iraqis who have cooperated with americans. thing is, they claim the same thing back in july when wikileaks released the military documents from afghanistan. >> and yet both the nato official and someone here in the pentagon have told us that there is not one case of an afghan

being identified by wikileaks being harmed. are you demonizing wikileaks for no reason? >> i don't believe so. remember, this is an organization that induces people to break the law, leak classified information, and then exposes that information to the world for everyone to potentially take advantage of, including our enemies. those we're currently fighting, and those we may one day be in conflict with. >> so what his argument is that potential enemies, not just those the u.s. is fighting today, but potential enemies could use these reports to decipher patterns of behavior in the u.s. military. and he goes on to say that the militaries of say china or iran could use these, 1/2 million classified documents to sort of build a field manual on how to combat the u.s. military. of course the counter argument

would be would u.s. military tactics be the same five or ten years from now as they are today on a different battlefield that would remain to be seen. and as far as identifying certain iraqis, wikileaks seems to have covered up a lot of names. something they did not do when they leaked the information from afghanistan. a teenager shows up on a television show about sex addiction. and now her mom is suing tyra banks for millions. does she have a case? legal briefs are coming up. [ male announcer ] to equip the lexus es

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all right. we're a minute away from wrapping up today's legal briefs. our part two with richard and avery. we'll discuss lindsay lohan's new year-ending schedule. and why former talk show host tyra banks is getting sued over an alleged lack of parental permission. and online bullies may soon find it harder to keep their cloak of anonymity. but first, a look at top stories. nearly 400,000 classified military documents are posted online by wikileaks.

details allege instances of assault and unjustified killings of iraqi civilians and raises the estimated civilian death toll by approximately 15,000. and google admits it failed badly by accidentally collecting private information being sent across wireless networks in more than 30 countries including the u.s. private e-mails, urls, and passwords were stored while they were documenting roadway locations. company officials say they are deleting the stored information. and things seem to be getting weirder for actor randy quaid and his wife. cnn radio affiliate cknw says the couple has fled to canada seeking refuge saying they fear for their lives from so-called hollywood star whackers. the quaids are wanted in

california for causing damage to a home they once owned. now to our legal docket. a judge orders troubled actress lindsay lohan to rehab for the rest of the year. our legal guys, avery freeman and richard herman are back with us. okay. so avery, she got off kind of easy, right? it could have been jail, but instead, it's rehab. and that's what people around her are saying she really needs. >> well, you know what? let me tell you something. she's sick. i think judge elton fox did the right thing. the problem is that if you recall, fredericka, she'd already been put in jail for a first probation violation. this is the second probation violation. the law's function, rehabilitate and punish. she's getting her rehabilitation. that's good. she's sick, she needs the help, punishment? no. the difference here is if you're poor and you're invisible, you're going to jail. if you're lindsay lohan, you're going straight into rehab. >> okay. so you -- so you agreeing with that disparity too, richard? that usually if you have a second probation violation, it's jail time, usually you don't get

rehab. is that the way it works for most people? >> this is the most pathetic instance of celebrity justice, fred. every other joe out there or female out there goes to prison with this set of facts. this girl skates by, is absolutely an abomination, fred. this judge must resign from the bench. he missed law the day they taught that in law school. he has no idea what he's doing, fred. he's out of control. i think someone's got to him. it's outrageous. he threatened her if i get a violation, you're going to go to prison. now she comes in, sending her back to betty ford and she's complaining this is killing her movie career. lindsay, you have no movie career. this is just -- this is horrific, fred. this is so horrible. you look for uniformity -- >> no, it's not. >> we don't have it here. it's a disgrace, this judge should sit down. he doesn't know what he's doing. i don't know how he got admitted to the bar in california.

he's an absolute disgrace. >> how do you really feel about that? >> take it easy, richard. take it easy. >> you feel strongly about this. >> a lot of coffee today. >> in part, avery, you are kind of agreeing. you are saying that -- it doesn't seem that she's being treated like everybody else would. and that her fame has a lot to do with this sentence, so to speak. >> well, i don't think there's any evidence that somebody got to the judge. but i do think that there is a disparity, and it comes to being rich and poor and famous and invisible. >> let's talk about a case of a young lady in georgia. gets an opportunity to go on the "tyra banks" show, 15 years old. she takes the chance, goes to new york for the taping of the show. but now her mother in georgia saying i knew nothing about this. not only that my child was going and i didn't give parental consent, but also, she was talking about teen sex addiction. so now the mother is suing the

tyra banks show. does she have a valid argument that without any record of parental consent, the show crossed the line? >> technically the complaint i'm looking at the language. people who watch the tyra banks show are deviants, perverts -- which i thought was a cooking show. but in any event, she's claiming even though her daughter had sex 20 times before she was 15 and she was pregnant three times, i don't know where mom was then, but technically there's a case when it is tried if it is on the facts, i think the case goes up in smoke. it's really an outrageous case, and shame on mom, actually. >> oh. richard? >> yeah. i don't see it like that. doesn't she always go like this, fred? tyra? with that finger? you can do it, come on, fred. >> i think not. i will not. i think you did it well. >> come on. >> mom says -- mom says, mom

says exploitation for pornographic purposes, that's what they did to her minor child. she's suing for $3 million. some booker dropped the ball here, did not get the parental consent. i don't know if it's a real cause of action, or not, but i've got to believe the studio. someone's going to settle this case, a confidential settlement, give a few dollars, put it in trust until she's 18, and that's what's going to happen. >> let's talk about a woman now who won that legal challenge to make google reveal information about someone who was harassing, bullying her in cyber space. and, in fact, this is what she had to say. her name is carla franklin. >> my issue is really not with google. my issue is with this person who is -- is doing this. google now has 15 days to get the information to me. and i'm hopeful we will get the information, which will include ip information and log file

information within the 15 days. >> so how precedent-setting is this, richard? >> oh, it's enormous, fred. the laws are changing daily on this. the issues are self-expression versus defamation, first amendment rights versus legal or illegal activity. every computer has footprints on it. it's tremendous, the judge is making them turn over the footprints of these computers. it still may not be enough. they still may not be able to find out who the originators of these messages are, but it's a step in the right direction, and this is going to be the future in technology. >> wow. all right. you've got three seconds to button that up, avery, if you'd like. >> very simple, law versus technology. law trying to catch up. very simple, good decision, good for carla for fighting this thing. >> fantastic. avery, richard, thank you so much. have a great weekend. and oh, can't wait. it'll be halloween next weekend when i see you. we know the ghouls and goblins come out on these cases. >> we have a tradition. >> that's right. that was a reminder.

>> what are you going to be wearing, fred? >> i will not reveal it right now. i gave you the finger there. the finger movement you were looking for. we are working on it. >> okay. >> good to see you guys. see you soon. okay. so you've often heard clothes make the man or woman, well not at the polls apparently. why people in connecticut are upset about being told what not to wear on election day. i got the idea from general mills big g cereals. they put a white check on the top of every box to let people know that their cereals have healthy whole grain, and they're the right choice... (announcer) general mills makes getting whole grain an easy choice. just look for the white check. princess of the powerpoint. your core competency... is competency. and you rent from national. because only national lets you choose any car in the aisle. and go. you can even take a full-size or above. and still pay the mid-size price.

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all right. just ten days away until the midterm elections. so we want to get you caught up with a developing story from the campaign trail. here's what's crossing now in the cnn political ticker. the senate battle in washington state is getting nasty with a new ad republicans are calling

treasury. the ad from democrats targets republican challenger rossi saying he's bad for women. a republican ad fires back at incumbent patty murray linking her to lobbyists. and rick scott is being praised now by his former rival in the republican primary. he says he'll now vote for scott. the two face off in a debate monday right here on cnn. cnn's john king moderates at 7:00 p.m. eastern time. and republicans are upset about a clothing decision in connecticut. the secretary of state said poll workers can ask voters to cover up any merchandise from world wrestling entertainment because it can be considered as campaigning. former executive linda mcmahon is the republican candidate for senate. so one smaller race outside of washington, d.c. is painting a very vivid picture of voter attitudes across the country right now.

cnn deputy political director paul steinhauser is live from virginia. what do you have for us there? >> reporter: a great race out here. virginia's 11th congressional district. and i've got both the candidates. jerry connolly, he's the congressman first turned democrat. finian, he's the challenger. there was a parade out here today just down the street. not too long ago, it's the annual fall festival and parade. both candidates marching in the parade. a great way to reach out to voters. the democrat connolly, the freshman, he has voted pretty much lock step with barack obama and nancy pelosi. he criticizes the republican challenger and says he's too conservative for this district. we spoke to both, take a listen. >> there are two aspects about this district that are unique. first of all, pragmatic centrist, not tea party ideologues. that's a real problem for my opponent. >> he does not know how to create a job. the man has never created a job.

i'm sorry, i've created hundreds of them. it's hard to do. when you've done that, you know how to go about doing it. because connolly has never created a job, he does not know how to fix the problems our nation faces. >> you mentioned we're just outside of washington, d.c. a lot of federal workers and federal contractors here. of course, there's a big anti-washington feeling across the country, maybe not so much here since a lot of people here work in washington and work with the government. fred, what's the big picture here? why would you care about this district if you don't live here? republicans feel if they can win in this district and districts like it, they have a very good shot they feel at taking back the house. they need a net gain of 39 seats to win back the house. >> that's right. it is a suburb of washington, d.c. and that subliminal message become sent, as well. paul staeinhauser, we appreciat that. homeowners are heading to court to fight lenders. [ female announcer ] in the grip of arthritis, back, or back joint pain?

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angry homeowners who are facing foreclosure are now fighting back. they're taking their lenders to court. stephanie elam has one family story. >> reporter: they believe they have limited time left in the home they've owned for five years. >> if i keep working, i can hold on for a while. i don't know how long my job's going to last now, you know. >> reporter: in 2006, the wilsons took out a second mortgage to add brooms for their foster children. but those bedrooms came with a hefty price tag. a subprime loan with $12,000 in closing costs, $1,200 monthly payments and $100,000 lump sum to pay off the balance of the loan. when all is said and done, there will be no equity in the property. >> we have communities who for years didn't have access to mortgages, didn't have access to credit. and suddenly they're being targeted. >> reporter: illinois attorney

general lisa madigan is a leader in the fight in both predatory and discriminatory practices. earlier this year she sued mortgage giant countrywide alleging they used discriminatory practices in violation of fair lending and civil rights laws. bank of america denies that and vows to vigorously defend against the allegations. >> statistics we were able to derive indicate if you're african-american making more than $100,000, you were more likely to put in a subprime loan than if you were a white person making less than $30,000. >> reporter: those statistics by a 2007 investigation by the "chicago reporter." last year madigan sued wells fargo for similar practices. with the overarching goal of doing what is right for our customers, wells fargo has a long-standing history of being a responsible, leading lender to diverse populations. >> do you think then that the banks are unfairly targeting black folks? >> yeah, poor people.

i believe so. >> reporter: richard thomas was a widower when he moved into this neighborhood, also claiming to be a victim of subprime lending, he's also bringing a lawsuit. >> i just want a nice, comfortable place to live. and i don't mind paying for it, just don't rip me off. >> reporter: the center for responsible lending estimates 11% of black homeowners have already lost their home to foreclosure are or now in imminent risk. even living near a foreclosed property in black and latino communities can drop the value of a home. >> it really makes you feel bad because in so many people out there trying to work and trying to make the ends meet, but they can't do it. because somebody's out there ripping them off. >> reporter: the wilsons believe they will ultimately lose their