khalid sheikh mohammed admitted he master minded the 9-11 attacks, planning the hijacking. 'and other four terrories will plead not guilty in front of a military tribunal. they face the death penalty if convicted. but that could take years. families of 9-11 victims want to see just particular like chris and christina russell whose brother was a firefighter in one of the towers when it collapsed. >> it has to be the death penalty, doesn't have to be an ugly death, you can select what you wish off the menu. they have experts that deal with. >> life in prison drags it out and costs us government money, and it just -- it lingers in the back of your head these people

are still alive. they are not glorious, it would bring closure. >> hopefully. >> other families of victims arrived in cuba yesterday to see the arraignment. objections by defense attorneys could further complicate the trial. it has taken years just to get to this point. in fact some top military attorneys say could it turn in a legal circus. we'll keep an eye on it. leon panetta says the enemy may be losing the war but he's warning troops heading off to the middle east, don't lett terrorists win the public relations war. one miss step can put the americans standing at risk. >> these incidents concern me. they have to concern you. they do concern our service

chiefs. because a few who lack judgment, lack professionalism, lack leadership, can hurt all of us. >> panetta's warning follows a report details several incidents in afghanistan including the release of a video showing marines urinating on corpses. there has been plenty of political news this week, newt gingrich dropping out of the presidential race, the jobs report and president obama officially kicking off his reoh l -- reelection campaign. paul steinhouser is in ohio. good morning, paul. >> reporter: good morning, randi. >> how important are the jobs numbers for the president's campaign, do you think? >> reporter: you can't say enough how important they are. listen, we know for years the economy has been the top issue on the minds of american.

what is the most important issue, jobs, jobs, jobs, that is why the release of the report yesterday the unemployment level going from 8.2 to 8.1%, only 110,000 new jobs created which was lower than what economists re dikted. so important hovering over everything. president obama and mitt romney both speaking about the report yesterday, take a listen. >> after the worst economic crisis since the great depression, our businesses have now created more than 4.2 mill john new j ion new jobs in the last 26 months. one million job in the last six months alone. so that's the good news. but there is still a lot of folks out of work. which means we have to do more. >> as a matter of fact only 115,000 net new jobs were

created. that was well beneath what it was expected to be. should have been in the hundreds of thousands. the rate came down because 340,000 dropped out of the workforce. >> that is romney's argument people are giving up and not being counted in the unemployment report. randi, for mitt romney the idea is to make the election a reference du referencedum of president obama amend the job he's doing. the president will hold his reelection rally. you can see on the left we have the cnn express, we're ready for a big day. >> let's talk about ohio, paul, the unemployment rate in ohio is lower than the national average, i'm sure you had a chance to talk to voters who are they crediting with that? >> it's not ironic in ohio and virginia where the president has the second rally of the day, the

unemployment is below the national average. nationally, this is a cnn poll recently, you can see americans divided who would do a better job the president or mr. romney in moving the economy forward. what about here in ohio? check this out, a brand new poll from quinnipiac, when it comes to the economy, mitt romney has a slight advantage or president obama right here in the crucial battle ground state. >> all that hammering home of his business executive background i guess, maybe folks are listening. how many trips has the president made to ohio now? i have lost track. >> reporter: 20 already, this is 21 to ohio. >> must be a very important state. paul thank you very much. he fled house arrest in china, now the activist who appealed to president obama and hillary clinton is under guard

at a hospital in beijing. his next stop might be the u.s. the chinese government says chen guangcheng can apply for a travel visa. to canada, canadian hang gliding instructor has been granted bail. the woman in the glider dropped to the ground. investigators say the instructor may have tried to hide the key evidence by swallowing a memory card that has video of the fall. it's now in police custody. visionary, trail blazer, lege legend, some of the tributes for adam yauch, a founding member of the beastie boys who died after a three year battle with cancer. he is survived by his wife and daughter. he was 47. it is kentucky derby day, so the big question besides who might run the run for the roses is what is the weather going to look like at churchill downs, reynolds has the answers. >> it looks like the rain was rough yesterday, today kind of

heavy this morning and possibly intermittent in the afternoon. i know you want perfect weather. it will be interesting this afternoon temperatures in the 80s, and a chance of thunderstorms refiring up, more in a few moments. here is a run down of stories we're working on for you. focusing on north carolina has marriage amendment one, not just about same sex marriage, voters head to the polls tuesday. if you have good weather and clear sky tonight you may be able to catch a glimpse of this super moon. plus going live to guantanamo bay where khalid sheikh mohammed and four other men charged in the 9-11 attacks will be arraigned. columbian escort said she was involved in the secret service scandal, spilling all the details. a big show this hour, stay with us. c

great! tyler here will show you everything. check out our new mobile app. now you can use your phone to scan your car's vin or take a picture of your license. it's an easy way to start a quote. watch this -- flo, can i see your license? no. well, all right. thanks. okay, here we go. whoa! no one said "cheese." progressive mobile -- insurance has never been easier.

get a free quote today. to help protect your eye health as you age... would you take it? well, there is. [ male announcer ] it's called ocuvite. a vitamin totally dedicated to your eyes, from the eye-care experts at bausch + lomb. as you age, eyes can lose vital nutrients. ocuvite helps replenish key eye nutrients. [ male announcer ] ocuvite has a unique formula not found in your multivitamin to help protect your eye health. now, that's a pill worth taking. [ male announcer ] ocuvite. help protect your eye health.

three days north carolina voters will make a big decision at the polls. the decision to change the state's constitution with something called amendment one. what is amendment one? it is a measure that will define marriage as between a man and woman, something several other states have done, but this amendment goes a step further. not only would it ban same sex marriage, which is already illegal in north carolina, it would also invalidate civil unions and domestic partnerships between unmarried heterosexual couples as well. causing a heap of controversy in the state. both sides spending millions to convince voters to go their way. recent polling has it passing with 54-40 margin. this morning we're focusing on amendment one, talking with supporters and opponents, everyone gets a voice.

joining me now, north carolina's house majority leader paul stamm. one of the measure's biggest champions is you. north carolina bans same sex marriage, why take such a drastic step of changing the constitution? >> we've had marriage between a man and woman for 343 years. the reason we have to put it in our state constitution is that half a dozen other states have by judicial fiat, had a handful of judges change the laws of those states. and we have the same provision in our state constitution from 1868 that they did, and this just leaves the decision with the voters instead a handful of judges. >> but when you look at this measure, it would also ban civil union and domestic partnerships. i'm curious how do either of those threatening marriage as you see it? >> first of of all there is no

common definition for either of those terms. we don't have those in north carolina. we have a handful of cities and counties out of the 625 cities and counties that have what they call domestic partner benefits. but the measure would not prohibit those cities and counties frombenefits if they do it in a different way. objective criteria, who lives in the household. >> but if it's the same in the end, if you have to say these benefits go to someone who pays rent in my house or someone i share my home or roommate, there is still a partner, so in the if they get the benefit why all the fuss going through this?

>> well, i don't consider it a fuss at all to re-establish marriage in north carolina as one man and one woman. also prohibits polygamy. that is the best environment for raising children in a society. >> what many people don't seem to know, amendment one would dissolve partnerships of straight couples. >> i don't know what you mean by that. the amendment specifically allows contracts between individuals to be enforced if you would tell me what you mean i could address that. >> there is a chance the contracts won't be enforced. straight couple say they are at risk as well. >> the amendment specifically says that private contracts may be enforced by the courts. whatever the amendment does, it doesn't do what you said it does. >> anyone who has been involved in a private contract knows they

are risky i'm saying that is what some of the stla couples say they are at risk as well. by doing this i want to ask you aren't you saying some families are better than others, they deserve more protection than others? >> are you are assuming the conclusion a family does exist if it's unmarried people. in north carolina, we consider marriage between married people and their children either adopted or natural. >> clearly a lot of strong opinions about this, the measure has its critics, north carolina pediatric society, psychological association, psychiatric association oppose amendment one saying that it would impact health care coverage for all unmarried households, and we are talking millions of children that could be affected i want you to listen to the tv ad put out by the coalition to protect north carolina family hs which

opposes amendment one. >> my fear with amendment one is that my daughter would lose her health insurance and she would lose it immediately. simply because we're unmarried, and that is really unfair and it completely arbitrary. if you look at a classroom full of kid and say which ones do you not want to cover, some would say why are you doing that? this amendment is doing that. amendment one will tall away my daughter has health insurance and that is unfair. >> what would you say to melissa there in. >> well, she is completely wrong on her premises, vast majority of insurance in north carolina is private, which would not be affected at all. vast majority of governmental insurance would not cover her child anyway, and those handful of cities and counties of that

nature if they reformat it so they want to cover the unmarried household members and all the children at the -- they could do that if they want to. that would be poor insurance policy but would be legal if they want to do that. that is a red herring been brought up by the opposition because they refuse to talk about marriage, that is why the opponents call it amendment one and there is no such thing as amendment one. >> representative paul stam. >> they don't want to mention the word "marriage." >> thank you for your time, appreciate it. >> thank you. >> coming up 8:15 eastern time we'll speak with william barber, president of the north carolina naacp. he's a big supporter or a big opponent of the amendment one. we'll talk about that. aside from the horses, they are some of the most famous images from the kentucky derby.

they may be more functional than fashionable, find out why when reynolds wolf joins us next. rocks falling from space, landing in california. guess what, they are whorth a lot of m-- worth a lot of money.

big hats, strong drinks and fast horses, can only mean one thing time for the kentucky

derby. a gloomy forecast means it could be overshadowed by rain. what can folks expect? >> unfortunately more of the same of what they had yesterday. strong winds came through the area, heavy thunderstorms, with it, randi, over 100,000 people evacuated from the area. this morning as it stands, we have some rain now drifting south of part of the ohio valley, louisville not far from it, you have churchill downs, skies will clear out, in the afternoon as things heat up we might see more rain develop, possibly thunderstorms. in fact the forecast for the derby, looks like 82 degrees. with the moisture will feel muggy, 60% chance of thunderstorms, keep that in mind as we make our way through the afternoon. that is a look at your derby weather. in terms of another big thing that is happening today, going to be the opportunity to see the super moon. once every year the moon gets closer to the earth than any other time of the year. for us tonight will be the night. it will appear 14% larger as it goes up over the horizon, 11:30

when to watch. clear skies for much of the central and eastern great lakes and northeast, parcel in the southwise, showers expected for the carolinas. but partly cloudy across the central plains and clear out to the west. randi, back to you. reynolds, thank you very much. the in employment rate has dropped, why it may or may not be good news.

welcome back. op difficult miss i am over the economic recovery may be wavering now. the unemployment rate dropped in

april. we're down to 8.1%. the economy added 115,000 jobs. that is half of what was expected. joining me now is alex hmunoz, owner of a small business consulting firm. good morning, alex. >> good morning, randi. >> let's talk about jobs and latest numbers. folks are asking how can it be bad news when the unemployment rate goes down. help everybody understand that. >> well, sometimes the unemployment rate goes down because some people decide they will give up looking for a job. it's a little misleading. you have to think of it in terms of the numerator and denominator. who is looking for a job and who has hung it up. >> 340,000 workers dropped out of the labor force? >> that's right. i tend to work with small companies and what i'm seeing is things are certainly better than they were a year ago and a lot

better than two years ago, still a lot of hesitation to make that job offer. they would rather keep things with as much flexability and have a contractor than permanent employee. >> is that the trend you're seeing in small businesses? >> i see that a lot. there is reticence for an owner to say i'll have this expense become a fixed expense, come on board and particularly if they are over a certain size, they will end up getting locked in having to pay potentially health insurance and other benefits that if they were just using them as they needed they wouldn't be committed to doing. >> would you say they are not hiring or as much as we would like to see them hiring. >> define hiring, right? permanent employee, i still see that lagging.

i do see substantially more activity over even at last year at this point of folks bringing on help. things are picking up, but business owners are just -- they feel more comfortable having folks come on as a contractor or part-timer that gifts them more flexabili flexability. they are not tied in the employees, what do they do then. >> we're looking at a chart where the jobs are, you say that move away from service is good for the market. how so? >> well, some of my clients are in the service industry and manufacturing. my manufacturing clients interestingly enough are picking up the work that they are doing. as things become more expensive because of the dollar being low, i'm sorry, the other way around. as things become more expensive

because of some of the other countries in the world, brazil, russia, india, china, going and buying more and more of the raw commodities, folks are turning to the u.s. to manufacture some of the things that used to be cheaper to buy offshore. some of my client in the fertilizer industry are seeking to expand their workforce. these are more hourly employees to work in the plants. but it's a move away from some of the service components of the industry. >> alex munoz, thank you for your time. >> my measure. today could mark the path to justice for families of the victims of 9-11. the man accused of master minding the attacks will face a military tribunal. families of the victims have flown in to witness the historical court proceedings. [ kyle ] my bad.

[ roger ] tell me you have good insurance. yup, i've got... [ kyle with voice of dennis ] ...allstate. really? i was afraid you'd have some cut-rate policy. [ kyle ] nope, i've got... [ kyle with voice of dennis ] ...the allstate value plan. it's their most affordable car insurance -- and you still get an allstate agent. i too have...[ roger with voice of dennis ]...allstate. [ roger ] same agent and everything. [ kyle ] it's like we're connected. no we're not. yeah, we are. no...we're not. ♪ the allstate value plan. dollar for dollar, nobody protects you like allstate.

welcome back it is half past the hour i'm randi kaye, thanks for starting your day with us. remember the day you saw the towers come down and you thought who could do this? today the man accused of planning the 9-11 attacks will be in court. khalid sheikh mohammed and four others are being arraigned in gitmo. ed -- the admitted master mind and changed america as we knew