a commuter train crashes into a barricade at the end of the track. how fast the train was going, and, also, how many people were hurt? >> patrick swayze, losing his 20-month battle with pancreatic cancer. reaction to this loss. and tennis star roger federer uses a four-letter word in the us open in a rare outburst. why he was so upset in the first place. welcome to hln "news and views" on this tuesday. let's get started. a lot of news. happened a little while, in boston. transit authority trying to

figure out why commuter train ran into a station. at least a dozen people were hurt but authorities say none of these injuries are serious. a train assistant spokesperson says the train was going pretty slowly then overshot the platform and collided with the rubber bumper. the engineer will be drug tested. that is standard procedure after something like this happens. talk about what's happening at a high school in south florida. officials say a suspect is in custody for stabbing a student to death. police found him hiding behind a house in coral gables. he pulled a switch blade during a fight, stabbed the boy right in the chest. at least four students saw all this happen, and also there are reports that it happened in front of a school security camera. police say they don't expect to make an arrest today in the killing of the yale graduate student, 24-year-old annie le was found dead in a a campus bidding sunday. she's been missing five days.

mary snow is standing by with the latest in new haven, connecticut. okay, mary, we know a lot about, actually what we're not going to find out today, but there are things we're anticipating. >> reporter: richelle, one thing we are going to learn about more today is the cause of death of annie le. the medical examiner will release that information later this afternoon. you may remember yesterday the office had said it was temporary withholding that information to facilitate the investigation. it had been widely anticipated that an arrest was imminent, but as you just said, the new haven police department, which has become a lead police agency in this investigation, said today that they do not expect that to happen, but would not take any questions in terms of where the investigation stands right now. and also would not say there is a suspect out there. just saying that an arrest was not expected today. this, of course, as the

investigation continues. we do know police were back again at annie le's house this morning, and last night we heard from annie le's natalie fou flowers. she address hundreds that gathered at a vigil at yale. >> as good a human being as you ever hoped to meet. that this horrible tragedy happened at all is incomprehensible, but that it happened to her, i think is infinitely more so. it seems completely senseless. >> reporter: and, richelle, i can give you an idea of the time of this investigation. police confirmed today, that it had been questioning about 100 people and it's said it has been talking to students, professors, people who knew annie le trying to piece together exactly what happened. richelle? >> 100 people. clearly, they're leaving no

stone unturn and i know the many students and parents and particularly annie's family. thank you very much. hollywood is mourning the death of actor patrick swayze. he died yesterday after a long fight with pancreatic cancer. he was 57 years old. he plaued the romantic leading man in the movie "ghost" and also, of course, "dirty dancing." ♪ >> no. >> come on. look at me. ♪ ♪ hey, hey, baby >> recently he was in the tv series "the beat" cancelled in june because the cancer was getting worse. >> it's a sad night, and he was -- he was a very lovable, dear, accomplished person, and

he did as much as anybody could. he fought a very brave fight. i'm sorry he had to lose it. >> barbara walters interviewed patrick swaz any january. here's what he told her then about his fight with cancer and also the tabloids who were reporting on his struggle. >> you know, hope is a very, very fragile thing in anyone's life, and people i love do not need to be having that hope robbed from them. when it's unjustified and untrue. >> there have been reports in the tabloids recently that,y were saying "on your last leg, saying good-bye to your tearful family." >> am i dying, giving up, on by deathbed, saying good-bye to people? no way. >> fighting back. swayze's co-star jennifer gray released a statement describing it as a rare and beautiful of combination of raw masculinity around mazing grace. for more reaction on his death

i'm putting a line said to the movie "ghost." what she said, the amazing, molly, the love inside, you take it with you, and added, i will miss you. swayze and his childhood sweetheart were married for 34 years. kanye west apologized to taylor swift again. this time on the jay leno show. right now probably not a person on the planet who hasn't heard about this stunt at the mtv music video awards. last night kanye became emotional when leno asked him about upstaging the young country star. >> i was watching, to meet your mom and talk with your mom a number of years ago. what do you think she would have said about this?

>> um -- >> would she be disappointed in this? would she give you a lecture? >> yeah. you know, obviously, you know, i -- i deal with her and so many celebrities take time off, i've never taken time off, music after music and on tour. i'm ashamed ma my haurt caused someone else's hurt. >> yes. his mother died in 2007. what was supposed to be an off the record commented yesterday of president obama, calls him a jackass. according to the president, using that word, doing an interview with cnbc and asked the question as an i side of a co-anchor, overheard it by terri moran and posted it on twitter. president obama called kanye

west a jackass for hissious burt on vmas when taylor swift won. abc apologized when that went out to more than a million followers. and people are lighting up at the park. the commissioner said that new yorkers shouldn't have to tolerate secondhand smoke even outside and the children shouldn't even have to see people smoking. hundreds of playgrounds, rec areas, just a lot of parks. the plan may require the city council approval. so, yes, this is the question of the day. should smokers be allowed to smoke in public outdoor parks? call us as at 1-877-tell-hln. start your message with the word views and then your comment and standard text rates apply. you can also put comments on my

facebook wage. richelle carey hln and post your comments there. we'll air your responses in a little bit. and several new york city apartments in a hunt for explosives and possible links to al qaeda operatives. was this related to president obama's visit to the city? here what one senator had to say.co but i try not to let it hold me back... whether i'm at the batting cages... down by the lake or... fishing at the shore. i'm breathing better... with spiriva. announcer: spiriva is the only once-daily inhaled maintenance treatment for both forms of copd, which includes chronic bronchitis and emphysema. i take it every day. it keeps my airways open... to help me breathe better all day long. and it's not a steroid. announcer: spiriva does not replace fast-acting inhalers for sudden symptoms. stop taking spiriva and call your doctor if your breathing suddenly worsens, your throat or tongue swells, you get hives, or have vision changes or eye pain.

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vice president joe biden is in baghdad on an unannounced visit. the u.s. is less than a year away from its goal of withdrawing all combat troops from iraq. the vice president's third visit to iraq this year. and winning the war in afghanistan will probably mean deploying more u.s. troops, plus time and patience. admiral mike mullen said he's

made no recommendations how many more troops will actually be needed. he said that will come from the top u.s. commander in afghanistan, general mcchrystal. public support for the afghan war is at an all-time low this year. authorities in new york city have conducted a string of searches in what appears to be an effort to prevent a terrorist attack. searching several apartments in queens early yesterday. no one arrested. a federal law enforcement force says the agents were looking for a specific person and they didn't find that person. new york senator charles schumer says the raids were preventative. >> there was some rumors that the terrorists act wa imminent. that is not true. second, there was some speculation that the raids were related to president obama's visit to new york, because they occurred at the same time nap is not true.

>> two sources contradicted schumer saying authorities acted partially because of concerns about the president's visit next week but added there was no indication of a specific plot against president obama. there will be a bipartisan plan to overhaul the health care system. the question, will having that report serve serious consideration. senator baucus says five members of his committee will unveil the plan tomorrow. they've been working on this, negotiating for months. the republicans have won huge concessions. the plan will have no government-run insurance program. several committee democrats warn that the proposal doesn't have enough help for families that can't afford health insurance and republican leaders are pressuring gop members to vote against the bill they hoped draft. the house voting on a resolution of disapproval of congressman joe wilson. the republican who yelled out "you lie" during president obama's health care speech to

congress last week. just what the resolution will say, that has not been made public yet. wilson apologized to the president and said he will not apologize again. an update on another unforgettable public outburst. the iraqi journalist who threw his shoes as former president bush is out of jail. what he said happened to him behind bars and his apology.o ne in even more ways - on motorcycle insurance, rv, camper, boat insurance. nice work, everyone. exec: well, it's easy for him. he's a cute little lizard. gecko: ah, gecko, actually - exec: with all due respect, if i was tiny and green and had a british accent i'd have more folks paying attention to me too... i mean - (faux english accent) "save money! pip pip cheerio!" exec 2: british? i thought you were australian. gecko: well, it's funny you should ask. 'cause actually, i'm from - anncr: geico. fifteen minutes could save you fifteen percent or more on car insurance. if you're using other moisturizing body washes, you might as well be.

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his exact words. speaking in washington this morning he said while the economy is probably growing it won't be sufficient to prevent the unemployment rates from rising. take note on that. the jobless rate is at a 26-year high. and he says he's confident congress will revamp the nation's financial rulebook to prevent future crises from happening. he made these comments at a

speech at the brookings institute just a little while ago. everyone rushing to dealers to buy before the end of the cash for clunkers deal, the commerce department says retail sales jumped 3.7% in august. and in flation shot up in august, wholesale prices jumped 1.7% last month. gasoline prices alone jumped 23%. that's the biggest one-month gain in a decade. but as they say, considering the economy's weakness, the increase is not a sign inflation will present a problem. president obama says his administration's actions stop pd the free fall in the american economy and that set the stage for recovery. the bred is addressing union workers in ohio and pennsylvania today. he defended the government's loan to car companies and held a cash for clunkers rebate saying it allowed gm to recall 115 employee whose had been laid off at the plant where's he spoke. >> now, even though you're

proving that american automakers are getting back every day, i think everybody understands our economic troubles are far from over. i don't want to -- i don't want to over-promise here. we've still got a lot of work to do. we got in a deep hole over a course of years that's going to take some years to get back out of this hole. we have a lot of work to do not just to get this community moving again, and this economy moving again, but we've got to build a stronger foundation for economic growth into the future. >> the president is addressing an afl-cio convention in pittsburgh this afternoon. the iraqi journalist who threw his shoes last year at president bush has been released from prison. he got a warm welcome from emotional friends, family and supporters. you see him there. he says iraqi security forces beat and tortured him during his nine months in prison and he feared for his life.

that shoe throwing incident last december, that was seen around the world. president bush, then president bush, was on a final visit to iraq when this happened. he was convicted for assaulting a foreign head of state. protests made him a hero in much of the arab world. >> he's most well-known journalist. maybe the most well-known figure in the arab world in particular, and he will be showered by promises he will have a nice villa, by other people saying, look, i will be honored if you'll marry my daughter. so there are brides waiting for him to choose from. also there are a lot of, maybe, money waiting for him by those wealthy arabs, wealthy iraqis who consider him a hero. >> after he was released, he apologized to fellow journalists who considered what he did unprofessional. serena williams isn't the

only tennis star to get caught on camera cursing. roger federer in his stunning loss to juan del potro, he was upset he was given too much time in a line call and got into this exchange with the umpire. >> do you have any rules? don't tell me to be quiet. okay? when i want to talk, i'll talk. all right? [ bleep ] -- >> we bleeped it. it wasn't actually bleeped. dell po del potro won the match. federer hasn't lost since 2003. you want to keep your teen's cell phone calls and text messages under control? clark howard tells us about a new mobile device that offers unlimited texting and a whole lot more. >> do you have a teenager or a tween and you don't know what to do about the cell phone/texting

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actor patrick swayze has lost his battle with pancreatic cancer. hollywood is mourning the death of this 57-year-old best known for his roles in "dirty dancing" and "ghost" just to get you started there. a.j. hammer joins us from new york with more on the immediate, immediate, a.j., outpouring of emotion coming from people, people who know him. people are heartbroken right now. >> this is just a guy who was so well liked, beloved in hollywood by not judge the fans obviously but by stars who either worked with him or nerve her that opportunity, and as you mentioned, reaction was fast and furious. we immediately heard from whoopi goldberg last night with her reaction. of course she starred alongside

patrick swaz any "ghost" one of his biggest movies ever. she said, patrick was a valley good man a funny man and one to whom i owe much that i can't ever repay. i believe in ghost's message. so he'll always be near. >> of course, everyone was watching to see what whoopi would say on "the view." barbara walters had the last interview with patrick swayze earlier in the year. whoopi really talked about what an optimistic guy patrick was until the very end. let's take a look at that this was a well-fought battle. patrick fought like the dickens to surviving, or to get through it. he never thought of himself as someone who was dying, because, as he said to another good friend of mine, he said, you know, we're all dying, and so his message was, until it kills me, i'm going to keep doing what i'm doing. he worked up until the last minute. he worked. he did his show.

he just was a cat that never gave up. >> we've heard so much about her strength through his incredible battle and he fought so long and hard. we also heard from demi moore who also starred alongside patrick swaz any "ghost." what demi tells "showbiz tonight." patrick, you are loved by so many and your life will forever shine in all our lives. in the words of sam to molly, it's amazing molly. the love inside. you take it with you. i will miss pup of course, remember that line from "ghost." jennifer gray starred with patrick in "dirty dance e" the movie that really put him on the map. a rare and beautiful combination of raw masculinity and amazing grace. i know you're a fellow texan, richelle. he really was a cowboy and a source of pride for yours and his home state? >> you have no idea, a.j. he represented us so well. some people get famous, go to hollywood, go off the rails. he wane that person. he was always kind, always gracious and everyone in houston

has a story about i know somebody who knows somebody who knows patrick swayze's mom or cousini went to his high school. we just wanted to ride his coattails and brag about him because he we were so proud of him and people are so hurt right now. >> i've been at this game a long time, interviewed a lot of celebrities throughout the year. one of the guys when you shook his hand you just felt something different with him. you felt he was the real deal. only on "showbiz tonight" once, first year, almost five years ago. the way he connected with you, in a way that said, here i'm not some big time movie star which he was, just another guy talking to you about what's going on in my life. that's what i heard virtually from everybody i'd ever spoken to or with about patrick swayze. >> absolutely. a huge loss and a real person. a real person. a.j., thank you. i know you'll be talking more about this. appreciate it. >> you got it. this is more of the day's news. right now in boston, the transit

authority is sorting out why a commuter train ran into a barricade as it was pulling into a station. at least a dozen people are hurt. authorities say no serious injuries, though. the transit system spokesperson says the train was moving very slowly then overshot the platform and ended up colliding with a rubber bumper opinion he says the engineer admits he misjudged the distance. the engineer will submit to routine drug testing. police say they don't expect to make an arrest today in the killing of a yale graduate student. 24-year-old annie le was found dead in a building on campus sunday. she'd been missing for five days. in a few hours the medical examiner could release how she died. police say that le's killing was not a random act and no students are believed to be involved. students are holding a candlelight vigil in her honor last night and her roommate spoke about what it was like to lose her friend. >> she was as good a human being

as you'd ever hope to meet. that this horrible tragedy happened at all is incomprehensible, but that it happened to her, i think, is infinitely more so. it seemed completely senseless. >> the building le was killed is only accessible to yale students and employees. the president said police nair ode the number of suspects because building security systems recorded who goes in and out of that building and at has time. officials say a south florida high school, a person in custody for a student's stabbing death. they found him hiding rebind a house in coral gables. reporting the suspect pull add switchblade during a fight with his victim and ended up stabbing the boy in the chest. at least four students saw all of this happen, and there are reports it happened in front of a school security camera as well. kanye west apologized to

taylor swift again. this time on the "jay leno show." there isn't anybody who hasn't heard about this, seen about this, happened at the vmas. last night kanye west became pretty i emotional when leno asked him about yuch stages this 19-year-old country singer. >> it's been extremely difficult. i just -- just dealing with the fact that i hurt someone or took anything away, you know, from a talented artist, or from anyone, because i only wanted to help people's people, you know, nigh entire life. i've only wanted to give and do something that i felt was right, and i immediately knew in this situation that it was wrong and it wasn't a spectacle or this -- you know, actually someone's emotions, that i stepped on. it was very -- it was just -- it was rude, period.

>> and a little aside here. supposed to be an off the record comment yesterday, president obama called him a jackass. the president was doing an interview with c nbc and asked the question, kind of an off the record thing. abs "nightline" terry moran overheard him and posted it on twitter. president obama, this is what it said. president obama just called kanye west a jackass for hissious burst when vmas when taylor swift won. now that's presidential. >> it had gone out to 2 million followers. abs apologized. a football player who collapsed during practice last year was already sick before he began that intense workout. that's what lawyers on the defense are saying. this coach charged in connection with the player's death. david stenson, his defense opened today with testimony from four other players. they told the court 15-year-old max gull pin complained he was

sick several times during the day before practice ever started. he died three days after collapsing on the practice field. the former coach stenson is charged with reckless homicide and wanten endangerment. vice president biden is in baghdad, a surprise visit. he has a packed schedule, meeting with u.s. troops, iraqi and kurdish leaders and also with u.n. teams. the u.s. is a year away from withdrawaling all troops from iraq. this is the vice president's third trip to iraq this year. a pretty big day. the chairman of the joint chiefs of staff says winning the war in afghanistan will probably mean deploying more troops, plus time. plus patience. admiral mike mullen says he's made no recommendations about how many troops might be needed. he said that will come from the top u.s. commander in afghanistan. that is general mcchrystal. public support for the afghan war is at an all-time low. this year has been the deadliest for u.s. and nato troops since the war began. it's been eight years now. the house will vote on a

resolution that disapproved of congressman joe wilson of south carolina. that's supposed to happen later today. wilson the republican who yelled out "you lie" during president obama's health care speech to congress last week. we don't know what's going to be in the resolution. that hasn't been released yet, but wilson apologized to the president and says he will not be apologizing again. when you go a petting zoo you expect the animals to be pretty tame. kind of laid back. north carolina girl found out the hard way,s that not always the case. what happened to her and how the zoo is reacting. for arthritis pain... in your hands... knees... and back. for little bodies with fevers.. and big bodies on high blood pressure medicine. tylenol works with your body... in a way other pain relievers don't... so you feel better... knowing doctors recommend tylenol... more than any other brand of pain reliever.

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the taste nature intended. i'm jane velez-mitchell and i am sick and tired of this mantra that women have to be

more careful or they could end up a victim of violent crime. it's simply not true. even women who are careful are being killed. case in point, annie le. this young lady wrote an article on how to be safe on campus. she was minding her own business at a secure university lab on an ivy league campus, and she still wound up brutally murdered in respect is a war on women in this country, and it's escalating every single day. we have to stop telling women to modify their behaviors, putting them in psychological burqas and instead we need to modify these criminals men, it's time we acknowledge this injustice against women, and make the safety of the female population priority number one. i'm jane velez-mitchell and that's my issue. don't miss "issues" tonight. o.j. simpson's longtime girlfriend said he hit her and tried to kill her. issues with jane velez-mitchell every night right here on hln.

police say there is no evidence a runaway teen was threatened by her father for converting to christianity from islam. 17-year-old berry ran away from home to a dplurch florida claiming her father said he would kill her. a police investigation found no clear evidence of the father's alleged threat or abuse. the next week the parents' attorney asked the court to dismiss the case. a north carolina girl was disfigure wherd a zebra at a petting zoo bit off nearly all of her right pinky finger. 9-year-old elizabeth ross was feeding the animal last week when it just chomped down on her hand. >> actually grabbed on to it, took it back a little bit, and i had to smack it a few times and then it took about that much off. >> i still couldn't believe that it happened and it's not something you hear every day, your daughter's finger got taken off by a zebra.

>> if they're giving the food to feed them, that it's going to be okay, going to be safe. >> when the bandage comes off, though, that i'm not going to be okay with looking at it, and it's different. >> well, little elizabeth, a fourth grader, is having a series of rain rabies shots now. the zoo says visitors enter at their own risk. they're investigating and asking the state agriculture department to get involved as well. and four mortar shells fired into the green zone the same day vice president joe biden made a surprise visit there. we told you about that. no immediate word on any casualties or damage in the green zone or any other areas in baghdad, either warning sirens sounded to protect the zone, which is home to government offices, the u.s. and british embassies and parliament. we'll try to get you more information on that. investigators raid several new york city apartments in a hunt for explosives and possible

linkses to al qaeda operatives. was this related to president obama's visit to the city? hear what one senator has to say about that.

breaking news to get to you coming to us from baghdad. we told you vice president joe biden made a surprise visit to baghdad. he's there now. four mortar shells have been fired into the green zone. as vice president biden is there. there's no word on any casualties or damage in the green zone or any other areas in baghdad right now. warning sirens sounded in a protected zone. the green zone is home to government offices, the u.s. and british embassies and parliament. we have information coming in to us from cal perry. let's listen to that right now. >> reporter: we heard four separate explosions. the ministry is confirming indirect fire. that can mean mortar, rockets. they are saying they landed in the international zone. unclear where in the international zone. at this point we have sources telling us near to a hotel in the green zone. it's not clear right now how close this could have been possibly to the u.s. embassy.

there are agency reports that these rounds did land near the u.s. embassy. obviously, joe biden's visit here is being widely reported on local media. not surprising that the insurgency would take the opportunity to try to lob rounds into that green zone. >> again, four mortar shells fired into the green zone, the same day that vice president joe biden make as surprise visit to baghdad. more information on that just as soon as we can. the iraqi journalist who threw his shoes last year at then president bush has been released from prison. he got a warm welcome from friends, family and supporters. he says iraqi security forces beat and tortured him during his nine months in prison and now he fears for his life. the shoe-throwing incident last december was seen around the world. there it is again, just in case you missed it. on his final visit to iraq, president bush was, when that happened. he ducked twice to avoid getting hit. good reflex there's. convicted for assaulting a

foreign head of state. amp arrested he apologized to those journalists who considered what he did unprofessional. several raids revealed a terrorism investigation is under way in new york city. agents searched several apartments in queens yesterday. they didn't arrest anybody. a federal law enforcement authority says they're looking for a specific person and didn't find that person. senator charles schumer says the raids were preventative. >> there was some rumors that the terrorist act was imminent, that is not true. second, there was some speculation that the raids were related to president obama's visit to new york, because they occurred at the same time. that is not true. >> two sources contradicted schumer saying authorities acted partially because of concerns about the president's visit next week but added there was no indication of a specific plot against the president. there will be a bipartisan plan to overhaul the health care

system. the question, will having that report serve serious consideration? senator baucus says five members of his committee will unveil the plan tomorrow. unveil their plan tomorrow. three democrats, three republicans. they've been working on this thing for months. the republicans have won huge concessions. no government hundred insurance program. several committee democrats says the proposal doesn't have enough help to families who can't afford health insurance. everyone rushing to the dealer to buy before the end of cash for clunkers program gave retail sales a boost. commerce department says retail sales jumped 2.7% in august. inflation shot up in august. wholesale prices jumped 1.7% last month. gasoline prices alone jumped 23%. you were probably keeping track. that's the biggest one-month gain in a decade.

bad news for smokers in new york city. officials are looking to ban people from lighting up at public parks and beaches. the city's health commissioner says the new yorkers shouldn't have to tolerate second-hand smoke even outside and that children shouldn't have to see people smoking. even look at them. new york city has hundreds of parks, playgrounds and recreation area and the plan may require city council approval. call us at 1-877-tell-hln or e-mail us at cnn.com/hln or text h hlntv. standard text rates apply. leave your comments on my facebook page. search michelle michel search richelle carey. we'll air your responses in just a bit. after causing an uproar, everyone has words of arrest for kanye west. >> i think kanye owes taylor

swift a nice gift basket. >> how the nation is responding to this bizarre incident. achoo! (announcer) what are you going to miss when you have an allergy attack? achoo! (announcer) benadryl is more effective than claritin at relieving your worst mptoms. and works when you need it most. benadryl. you can't pause life. progresso. we have a bit of a bad connection.

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a commuter train in boston crashes at the end of a track. how fasts train was going and how many people were hurt. >> nobody puts baby in a corner. come on. >> patrick swayze loses a 20-month battle with pancreatic cancer. how friends, family and fellow factors are reacting to his death. who roger federer was arguing with and why he was so upset. i'm chuck roberts. welcome on a tuesday. we're following breaking news out of baghdad from the green zone where at least one mortar shell was fired into the green

zone or near it on the very day vice president joe biden was making a surprise visit to baghdad. our cal perry in baghdad said he heard four loud booms. no word on casualties or damage. it's not clear where biden was when this happened. government offices, u.s. and british embassies and parliament are inside that heavily protected green zone. the transit authority is sorting out why a commuter train ran into a barricade at very slow speeds. none of the injuries are life threatening. a transit spokesman said the train was moving slowly and overshot the platform and collided with a rubber bumper. the engineer admits he misjudged the distance and will submit to routine drug and alcohol testing. police don't expect to make an arrest in the killing of annie le who was found dead on sunday after missing for five

days. the medical examiner could release how she died and say that le's killing was not a random act and no students are believed to be involved. students held a candlelight vigil in her honor last night. >> she was as good of a human being as you ever hoped to meet. that this horrible tragedy happened at all is incomprehensible but that it happened to her is more so. it seems completely senseless. >> the building with a le was killed is only assessable to yale students and employees. police have narrowed the field of suspects because the system recorded the people that enter and the time. for the latest, tune into nancy grace tonight on the hln. that's 8:00 and 10:00 eastern right here. the kentucky high school football player who collapsed during practice last year was

already sick before he began a strenuous workout is contention of lawyers who are defending the former coach charged in connection with that player's death. his defense open ded today with testimony from four other players. they say the player complained he was sick several times during the day before the practice began. he died three days after collapsing on the football field. david stinson is charged with reckless homicide and wanton endangerment. bad news for smokers today. they are looking to ban smoking from parks and at beaches and say new yorkers shouldn't tolerate second-hand smoke even outside and children shouldn't have to see people smoking. >> i'm not a smoker. i can't stand cigarettes. i think that's abuse of power to me. >> it's very hard to prevent that in outdoor spaces. yeah. it's great. >> they already raised taxes on

cigarettes. it's none of his business. >> new york city has hundreds of playgrounds, parks and rec areas. the plan may require city council approval. we've been asking what you think of this. is it an abuse of power? is it fair to ban smoking in public parks? what do you think? give us a call at 877-tell-hln or e-mail cnn.com/hln or text h hlntv and start with your comment and name. we'll hear from you shortly and all day. hollywood is mourning the death of actor patrick swayze who died yesterday after a long fight with pancreatic cancer. the 57 year old played the romantic leads in movies including "ghost" and "dirty dancing." >> what? no. ♪ >> don't look down.

right here. >> 1987. recently swayze was in the series "the beast." it was canceled because his cancer was getting worse. >> he was a loveable, dear, accomplished person. he did as much as anybody could. he fought a very great fight. i'm sorry he had to lose it. >> barbara walters interviewed swayze in january. this is what he told her. >> you know, hope is a very fragile thing in anyone's life. people i love do not need to have that hope robbed from them when it is unjustified and untrue. >> there have been reports that quote you as saying you're on your last leg. you're saying good-bye to your tearful family. >> am i giving up and saying good-bye to people?

no way. >> swayze's co-star in "dirty dancing" described him as rare. demi moore quoted a line he said to her in the movie "ghost." >> it's amazing, the love you have inside you take with you." swayze and his wife have been married 34 years. kanye west apologized to taylor swift again on "the jay leno" show. last night west became emotional when jay asked him about the upstage of the country singer. >> i was fortunate enough to meet with your mom and talk with your mom a number of years ago. what do you think she would have said about this?

would she be disappointed in this? would she give you a lecture? >> you know, obviously i deal with hurt and, you know, so many celebrities never take the time off. i have never taken the time off to -- just music after music and tour after tour and i am ashamed that my hurt caused someone else's hurt. >> canny west's mother died in 2007 in an off the record comment yesterday president obama called him a jack ass doing an interview with cnbc and asked a question. abc "nightline" co-anchor terry moran overheard him and twittered it.

abc quickly apologized for the message that went out to more than 1 million followers. an update on another unforgettable public outburst. the iraqi journalist that threw his shoes at president bush in december is out of jail. what he said what happened to him behind bars and his apology. right now, there's a nurse saving a life in baltimore. 20 minutes later, she'll bring one into the world in seattle. later today, she'll help an accident victim in kansas. how can one nurse be in all these places?

through the nurses she taught in this place. johnson & johnson knows, behind every nurse who touches a life... there's a nurse educator... who first touched them. ♪ you're a nurse ♪ you make a difference welcome to progressive. how may i help you? i'm looking for a deal on car insurance. i think i might have a coupon in here. there's an easier way. we've got the "name your price" option. you do? follow me. you tell us how much you want to pay, and we'll build you a policy that fits your budge@e

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a resolution of disapproval for joe wilson. he yelled out "you lie" during president obama's health care speech to congress. what the resolution will say hasn't been released yet. wilson apologized to the president and said he will not apologize again. a bipartisan plan to overhaul the health care system. will it have enough support for serious consideration? max baucus says he and five members of his panel will unveil the plan tomorrow. the three democrats and three republicans have been negotiating for months. the republicans have won huge concessions. the plan will have no government run insurance program. >> i think there's a growing sense this bill will pass. more senators want to vote for health care reform that passes than not. they're hearing from people at home and know that the costs are going up at a rapid rate. republican senators and democratic senators want to find a way to support health care

reform. there's some who don't but many do. >> several committee democrats say that the proposal does not give enough help to families that can't afford health insurance and republican leaders are pressuring gop members to vote against the bill they helped draft. the iraqi journalist who threw his shoes last year at then president bush has been released from prison. he got a warm welcome from emotional friends, family and supporters. he says iraqi security forces beat him and tortured him during his nine months in prison and he fears for his life. he says he's a marked man. the show throwing incident was seen around the world. bush was on his final visit to iraq as president when this incident occurred. the man was convicted for assaulting a foreign head of state. the stunning act of protest made him into a hero in much of the arab world. >> he's the most well known journalist and maybe the most well known figure in the arab world in particular. there are promises he'll have a

nice villa and other people will be honored if you marry my daughter. there are other brides waiting for him to choose from but there are money waiting for him by those wealthy arabs and iraqis who consider him a hero. >> after released, he apologized to fellow journalists who considered what he did unprofessional. check out this video. a bus engulfed in flames. just rolling out of control down a highway in china. not a single passenger was injured. the driver quickly pulled over when the fire began. this was sunday. everyone rushed out just in time. people aren't sure how the empty bus began rolling on its own. a girl claims her father threatened to kill her for converting to christianity. now a police report on the allegation has been released. we'll tell you what's next in the case. ring ring. progresso.

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here's the latest on a breaking story in the heart of baghdad. at least one mortar shell was fired near the green zone and according to one report from across the tigress river, the compound itself, the green zone, is on the banks of the river. this all occurred on the day vice president joe biden made a surprise visit to baghdad. he was not hurt. he arrived earlier today for talks with iraqi and kurdish leaders. he's already met with a lot of u.s. troops. it's his third trip this year to iraq. officials at a south florida high school say a suspect is in custody for stabbing a student to death. they found him hiding behind a house near the campus in coral gables. the report is the suspect pulled a switch blade during a fight with the victim and stabbed the boy in the chest. four students saw the deadly fight. there are reports it happened in front of a school security camera. police in baltimore say a student at john hopkins

university used a sword to kill an intruder in his garage. earlier today the student noticed the garage door open and went to investigate taking the sword with him. he said he confronted the man inside. told him to get out and claimed the man attacked him so he used the large blade to defend himself. the police spokesman said the student cut off the man's hand. the alleged burglar died at the scene. the man had been arrested for burglary several times. they're interviewing the student and discussing with prosecutors whether or not charges should be filed. in new york authorities conducted a string of searches on what's an effort to prevent a terrorist attack. federal agents searched several apartments in queens early yesterday but no one was arrested. a federal law enforcement source says agents were looking for a specific person who wasn't found. new york senator chuck schumer said the raids were preventive. >> there was some rumors that the terrorist act was imminent. that's not true. second, there was some speculation that the raids were

related to president obama's visit to new york because they occurred at the same time. that is not true. >> two sources contradicted schumer saying authorities acted partially because of concerns about the president's upcoming visit but added there was no indication of a specific plot against mr. obama. police say there's no evidence a runaway teen was ever threatened by her father for converting from islam to christianity. the 17 year old ran from her ohio home to a church in florida. she claims her dad said he would kill her. a police investigation found no clear evidence of the father's alleged threats or any abuse. next week the parents' attorney will ask the court to dismiss the case. federal reserve chairman ben bernanke says the recession is likely over speaking in washington he said that while the economy is probably growing, it won't stop the unemployment rate from rising. the jobless rate is now at a 26-year high of 9.7%. the fed boss says he's confident that congress will rewrite the rule book to prevent another

crisis from happening. bernanke made a comment at a speech at the brookings institution. president obama says the administration's action stopped a free fall and set the stage for recovery. he's addressing union workers in ohio and pennsylvania today. defended the loans to car companies and hailed the cash for clunkers program saying gm was able to recall employees at the plant where he spoke. >> even though we're proving that american automakers are back in the game, everyone understands our economic troubles are far from over. i don't want to overpromise here. we still have a lot of work to do. we got into a deep hole over the course of years and it will take some years to get back out of this hole. we have a lot of work to do not just to get this community moving again and this economy moving again, but we have to build a stronger foundation for

economic growth into the future. >> the president addressing a convention today in pittsburgh today as well. you may not get to see what some are calling the best movie of the year being shown around the world but not in the u.s. >> clearly the almighty cannot get all species. you have killed god, sir. >> to put it another way -- >> creation. charles darwin struggles with the theory of evolution. many christian websites denounce the potential oscar nominee and it seems distributors in the u.s. where polls show 39% of americans believe in evolution are staying away from the movie. nobody will buy it and distribute it. darwin himself was reluctant to believe in evolution. >> he was a social conservative who had it revolutionary idea. it frightened him.

it didn't sit well with him but he couldn't stop seeing it everywhere he wrote in a letter it feels like i'm confessing to a murder. >> yesterday prince william opened the darwin museum. roger fedder in his stunning loss led a fly on live tv. federer was upset that there was too much time given to challenge a line call and then got into this exchange with the umpire. >> do you have any rules in there? don't tell me to be quiet, okay. i don't give a [ bleep ] what he said. >> the first grand slam title right there at flushings meadows. quite a day. roger federer hadn't lost a match at u.s. open since 2003.

bans on cigarettes in public buildings and now new york wants to ban smoking outdoors in some places. we'll get your views on in a idea.

a lot of police activity in and around the home of phillip and nancy garrido in northern california. they're accused in the rape and kidnapping of jaycee lee dugard. police from hayward and dublin, california, and hayward is maybe 70 miles away from antioch where this property is located, are apparently conducting this search or at least are part of the search. this is where phillip garrido according to authorities held dugard for 18 years and fathered two children with her. dugard was found alive recently. she was kidnapped back in 1991 when she was 11 in south lake tahoe. the garridos are behind bars. we'll bring you more information

as we get it on this ongoing investigation. right now in boston, the transit authority is sorting out why a commuter train ran into a barricade when it pulled into a station. a dozen people are hurt but none of the injuries are life threatening. a transit spokesman said the train was moving slowly. the engineer admits he misjudged the distance and that is the length of the train. the engineer will submit to routine drug and alcohol testing. in south florida, officials at a high school say a suspect in is in custody for the stabbing death of a fellow student. the suspect pulled a switch blade during a fight with a victim and stabbed the boy in the chest. four students saw the deadly fight. there are reports it happened right in front of the school's security camera. police don't expect to make an arrest in the killing of a yale grad student. annie le was found dead on

sunday. she had been missing for five days. sunday was to have been her wedding day. in an hour and a half the medical examiner could release how she died. new haven police say le's killing was not random act and no students are believed to be involved. le's roommate spoke about what it was like to lose le. >> that this horrible tragedy happened at all is incomprehensible but that it happened to her is more so. it seems completely senseless. >> the building where le was killed is only assessable to students and employees. the student's president said splis n police narrowed the field of suspects because the building recorded who entered and what time. for more, don't miss nancy grace on hln. nancy grace 8:00 and 10:00 eastern right here.

the kentucky high school football player who collapsed during a practice last year was already sick before he began a strenuous workout. that's the contention of lawyers defending the former coach charged in connection with the player's death. his defense opened today with testimony from four other players. they told the court the 15 year old complained he was sick and died three days after collapsing on the practice field. the former coach is charged with reckless homicide and wanton endangerment. new yorkers may have to look out before they light up. officials in new york city would like to ban smoking in public parks and beaches. the city's health commissioner says people shouldn't tolerate second-hand smoke even outdoors. new york city has hundreds of parks, playgrounds and recreational areas. the plan may require city council approval. that's our question of the day. should smokers be allowed to light up outdoors in public parks? what do you think?

call us at 1-877-tell-hln. e-mail address right there. cnn.com/hln. you can also text views plus your comment to hlntv. standard it text rates apply. leave a comment on our facebook page if you would like to. hope to hear from you today. the house will vote on a resolution of disapproval of congressman joe wilson of south carolina later today. he's the republican who yelled out "you lie" during the president's health care speech to congress last wednesday. just what the resolution will say has not yet been released. wilson apologized to the president and said he won't apologize again. there will be a bipartisan plan to overhall the u.s. health care system. the question is will it have enough support for serious consideration. max baucus and five members will unveil the plan tomorrow. the three democrats and three monies have been negotiates for months. republicans have won huge

concessions. the plan will have no government run insurance program. >> i think there's a growing sense this bill will pass. more senators want to vote for health care reform that passes than not. and they're hearing from people at home and know the costs are going up at a rapid rate. republican senators and democratic senators want to find a way to support health care reform. there are some that don't but many do. >> some committee democrats say the bill doesn't give enough help to families that can't afford health insurance and republican leaders pressure gop members to vote against the bill they helped draft. a new warning about cell phones and cancer when it comes to your kids especially. female announcer: from jennifer, get 40% off this bonded leather sofa, just $299, with very cool styling and so affordable. at 40% off, just $299. from jennifer.

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nerves rattled in iraq. this is joe biden arriving at a surprise visit. one mortar shell was fired near the green zone at the moment biden was in there. this is an unannounced visit. he was not heard. the commander of u.s. forces and u.s. ambassador to iraq were talking to reporters when they heard a warning over the pa system. take a listen. >> so in some respects you'll see an increase in civilian assistance but -- >> attention in the compound, there is direct fire. i repeat. please remain under cover. there's still a threat of indirect fire.

>> the briefing continued. no word on any casualties or damage. ap reports the rounds were fired from across the tigress river. the protected green zone is home to government offices and the iraqi parliament. >>. >> your shower may not make you as clean as you think. germs can build up in your shower head and end up in your face. researchers tested 45 showers in five states and found more bacteria in the water coming out of the water head than the source of water itself. it probably won't make you sick unless your immune system is already weakened. how much do you know or how much do we know really about cell phones and radiation? possible links between these devices and cancer have been floated for years. yesterday a senate committee took up this debate cnn.com virginia cha has more on one of the stories get a lot of clicks on our website today. >> the answer to the question, does cell phone use increase the risk of cancer is not a clear one. here's what the medical experts

told that senate subcommittee. they said there's no definite proof linking cell phone use to cancer but here's the big but. they cannot rule out a link. what they advise is caution. one of the holdups to reaching a definitive conclusion is cell phones are out for a relatively short period of time. one study says people using cell phones for more than ten years show increased rates of tumors and other problems and she noted a correlation between the amount of use the side of the head is held and tumors in glands in that area. an official from the national institutes of health advised limiting cell phone usage especially among children noting that they are thinner, smaller skulls could make them more vulnerable to radiation emissions. the fda and american cancer society both say no evidence linking cell phones to cancer but if you want to limit your exposure and know how to lower

your risk, go to cnn.com/health and find tips there. >> i wish we knew which of the cell phones emits the most. >> if you go to cnn.com/video, brian todd has a great piece that talks about a list based on one group's research that shows which phones emit the most radiation. there's still saying that that doesn't prove the cause is cancer. >> before we let you go, war vets moving from the battle to the basel field. >> one vet's way of helping other vets returning from war. he has a small farm outside of san diego. now, he served three tours in iraq as a marine but found this helped him to transition and he wanted to help others. through the va he teaches vets organic agriculture and focuses on conserving water and using all the tern tif energy.

it's a green farm. it gives stress or unploit employed vets a chance to get involved with something positive. mike haynes is one of those vets part of a unit in iraq and found himself homeless soon after returning back to the u.s. >> when it was time for me to get out, i was out. that was it. it's as if the marine core said go out in the real world and survive. >> he said it's good to be around other people who know where you are coming from. you can check that out at cnn.com/video. >> those vine ripened tomatoes look good. >> it is lush. >> good story at cnn.com. thanks, virginia. a north carolina girl was disfigured when a zebra at a petting zoo bit off her pinky finger. the animal chomped at her hand when she was feeding. >> grabbed on it and took it back and my papa smacked it a

few times and it took that much off. >> i couldn't believe that it happen. it's not something you hear every day that your daughter's finger got taken off by a zebra. i assume if they give me food to feed them it will be okay. we know it will be safe. >> when the bandage comes off, i'm not going to be okay with looking at it. it's different. >> the fourth grader is undergoing a series of rabies shots. the park's owner called the incident highly unusual but visitors enter at their own risk. animal control is asking the state department of agriculture to get involved. whitney houston talking about her old drug habits and her rocky marriage. her famously rocky marriage. ex-hubby bobby brown humiliated her after a birthday party. you'll hear stunning details of that just ahead. are we waitin? the flowers are blooming. the air is sweet. and zyrtec® starts... relieving my allergies... 2 hours faster than claritin®.

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>> i'm jane velez-mitchell. i am so sick and tired of this mantra that women have to be more careful or they could end up a victim of violent crime. it's simply not true even women who are careful are being killed. case in point, annie le.

this young lady wrote an article on how to be safe on campus mining her own business at a secure university lab on an ivy league campus and she still wound up brutally murdered. there's a war on women in this country and it's escalating every single day. we have to stop telling women to modify their behaviors. putti intin intin inting them a. almost all of whom are men. it's time we acknowledge this injustice against women and make the safety of the female population priority number one. i'm jane velez-mitchell and that's my "issue." >> don't miss "issues" tonight and every night. o.j.'s long-term girlfriend says he hit her and tried to kill her. that's at 7:00 here on hln. a string of searches in an effort to prevent a terrorist attack. several apartments in queens were conducted yesterday. no one was arrested.

a federal law enforcement source say agents were looking for a specific person who wasn't there or found. senator schumer said the raids were preventative. >> there were rumors that a terrorist act was imminent. that is not true. second, there were some speculation that raids were related to president obama's visit to new york because they occurred at the same time. that is not true. >> two sources contradicted the senator saying authorities did act partially because of concerns about the president's visit next week but they added there was no indication of a specific plot against the president. for the first time a federal jury is hearing from a family who says the fema trailer they got after hurricane katrina made them sick. they're suing the company that made it and a government contractor. hundreds of suits have been filed. some against the government. government tests found hundreds of trailers had five times the

acceptable level of a chemical in their trailer. you want to keep teen's cell phone calls and text messaging under control? clark howard tells us about a new mobile device that offers unlimited texting and a lot more. here's clark. >> do you have a teenager or a tween and you don't know what to do about cell phone texting kind of thing? a lot of parents do this add a phone. bad idea. it's add a surprise when bills come in and who knows what you'll have. there's an alternative i want to tell you about. it's a september special by a company that's devoted itself to offering family friendly cell phone plans for teens and tweens where you as a parent can track the movement of your teen or tween also. they're offering a special right now for $19 a month.

it includes unlimited texting and 150 cell phone minutes a month. overages are a dime a minute on cell phone calling but if you don't want any, you have parent control and can shut them at at 150. for more ways to safe go to cnn.com/clarkhoward. >> you get great consumer advice from clark. clark howard weekends saturdays and sundays at noon and 4:00 eastern. he'll help you save more, spend less and avoid getting ripped off. kanye west apologized to taylor swift again. this time on "the jay leno show." there's probably no one on this planet that hasn't heard about his stunt at the mvt video awards. last night west became emotional when jay asked him about upstaging the country singer. >> my entire life i wanted to give and do something that i felt was right. i immediately knew in this

situation that it was wrong and it wasn't a -- it was someone's emotions that i stepped on and it was very -- it was was just . period. and, you know, i would like to apologize to her in person and, you know, i'm going to do that. >> whether did you know you were wrong? was it afterwards, as you were doing it? when did it strike you? oh-oh? >> like as soon as i gave the mike back to her and she didn't keep going. >> in what was supposed to be an off the record comment, he called him a jack ass, he was doing an interview cnbc. he was asked the question as an aside. the mikes were off. terry moran overheard it, posted it on twitter writing, president obama just called kanye west a jackass for his outburst at the vmas when taylor swift won. now that's presidential.

they apologized for the message that went tout a million followers. whitney houston said she was using drugs heavily after "the bodyguard." in an interview on "the oprah winfrey show," she said she would smoke marijuana laced with rock cocaine. she also talked about her tumultuous marriage to bobby brown. she described what happened one time after she threw a birthday party for him. >> so we got back to the hou house -- he spit on me. he spit on me. he actually spit on me. and my daughter was coming down the stairs and she saw it. and that was pretty intense. >> the couple divorced in 2007. brown's attorney has not yet returned a message seeking comment. she did the interview to coincide with the new album, "i look to you." after 20 months, patrick swayze has lost his battle with

cancer. before he died, he talked about keeping up hope and fighting for his life. ♪ xxxxxxxxxx

california police return to the home of the couple charged with kidnapping and raping jaycee due guard. these are live pictures. we'll bring you the latest on the search. about an hour from now, we could learn how yale graduate student annie lee died. but are police any closer to making an arrest in this killing? and -- >> nobody can -- >> patrick swayze loses his battle with pancreatic cancer. how friends, fans and other actors are reacting to his death. welcome to hln "news and views." thank you for your time. let's get back to the breaking news we're following.

coming to us from baghdad, we got new details. now we know it was one -- at least one mortar shell fired near the green zone. the same day that vice president joe biden made a surprise visit to baghdad. he was not hurt. he arrived earlier today for talks with iraqi and kurdish leaders. they heard a warning over the pa system. >> so in some respects you'll see an increase in civilian assistance. >> compound. attention, compound. please remain undercover. there is still a threat of indirect fire. i repeat, please remain undercover. there is still a threat of indirect cover. >> all right. just to let you know, this is not all that uncommon. the briefing -- what the reporters continued. the men seemed completely unphased by the entire thing. the protective green zone is home to government offices, the

u.s. and british embassies, and the iraqi parliament. a lot of police activity right now at the home in california of philip and nancy garrido. they're accused in the rape and kidnapping of jay jaycee due gu. police are looking for clues in connection with two other kidnappings in california. again, live pictures for you. they're on their hands and knees looking for any kind of evidence. kgo also says authorities are using high-tech equipment in any disturbed sth disturb disturbed soil that could indicate a grave site. that was the property where the garridos kept jaycee dugard. the garridos are in jail. a $30 million bail has been set for philip garrido. police are saying they don't expect to make an arrest today in the killing of the yale graduate student 2sh

graduate student. in about an hour, the medical examiner could release how annie le died. they say her killing was not a random act and no students are believed to be involved. last night on campus, there was a candlelight vigil in her honor. and le's roommate talked about what it was like to lose her friend. >> she was as good a human being as you'd ever hope to meet. this horrible tragedy happened at all is incomprehensible. but that it happened to her, i think, is infinitely more so. it seems completely senseless. >> the building where le was killed is only accessible to yale students and yale employees. the school's president says the police have narrowed the number of suspects because this building security system that records everyone that goes in and out and what time, they do that. officials at a south florida high school say a suspect is in custody for stabbing a student to death. this happened this morning. police say they found him hiding

behind a house near the campus on coral -- in coral gables. our affiliate wsvn is reporting the suspect pulled a switch blade during a fight, stabbed this boy in the chest, and then he died. and at least four students saw this deadly fight. also the reports it happened in front of a school security camera. police say there's no evidence that a run away teen was threatened by her father or converting from islam to christianity. we've been following this story. this 17-year-old ran away from her home in ohio. she was claiming her father said he would kill her. police investigation found no clear evidence that the father's alleged threats or abuse. next week the parents' attorney will ask the court to dismiss this case. right now in boston, the transit authority is trying to sort out why a commuter train ran into a barricade. at least a dozen people hurt. a transit system spokesperson

says that this all happened -- the train was moving very slowly when it overshot the platform, collided with a rubber bumper. he says the engineer admits he misjudged the distance. this engineer will be submitted to drug testing. that is routine. authorities in new york city conducted a string of searches in what appears to be an effort to prevent a terrorist attack. federal agents searched several apartments in queens early yesterday. a federal law enforcement source says agents were looking for a specific person and they did not find that person. hence, an arrest. new york senator charles schumer says the raids were preventative. >> there was some rumors that the -- a terrorist act was imminent. that is not true. second, there was some speculation that the raids were related to president obama's visit to new york because they occurred at the same time. that is not true. >> two sources contradicted senator schumer saying authorities acted partially, at

least, because of concerns about the president's visit next week. but they added there was no indication of his specific plot against the president. bad news for smokers. looking to light up in one of new york city's hundreds of parks, playgrounds, or recreation areas. officials are looking to ban smoking in parks, beaches. the city's health commissioner says new yorkers shouldn't have to tolerate secondhand smoke even outside and the children shouldn't ever have to even see anybody smoking. the plan may require city council approval. so this is the obvious question of the day. we figured a lot of people will have opinions about this. should smokers be allowed to play in public outdoor parks? kyle 877-835-5456. you can text us, too. text hlntv. put the word views first then your name. standard text rates apply as always. or also leave your comments on

my facebook page. can you join us that way. get your views. there we're going to share some of your responses and views coming up in a little while. hollywood is mourning the death of actor patrick swayze. he died yesterday after a long fight with pancreatic cancer. he survived by his mother and his wife of 35 years. the 57-year-old played the romantic leading man in some of your favorite movies, "ghost," "dirty dancing" -- ♪ >> no. ♪ >> right here. ♪ hey, hey baby >> that was a great scene. recently he was in the tv series "the beast." it was canceled in june because his cancer was getting worse. >> it just sad and he was a very

lovable, dear, accomplished person. and he did as much as anybody could. he fought a very, very good fight. i'm sorry he had to lose it. >> i-reporters have also been sending in thoughts and their condolences. here is some of that. >> i never knew him personally. i watched him on the big screen. and there were several movies that come to mind, "road house," of course, "point break," "dirty dancing," obviously, and "ghost." >> he always came out, gave 100% in his movies. even some of the earlier movies such as "the outsiders," "red dawn," just there was an intensity about him. >> he could be anything to anybody and still be a graceful, strong character. he'll be missed. my condolences to the patrick

swayze family. i am so sorry for your loss. >> if you'd like to share your thoughts on patrick swayze go, to ireport.com and click on the upload now link. we would appreciate it.show." this part you definitely saw. you saw the stunt itself at the mtv awards. leno asked him about upstaging taylor swift. >> i was fortunate enough to meet your mom and talk your mom a number of years ago. what do you think she would have said about this? would she be disappointed? would she give you a lecture? >> yeah. you know, obviously, i deal with

hurt and, you know, so many, you know, celebrities, they never take the time off. and i have never taken the time off to really, you know, i just music and music and i'm just ashamed that my hurt caused, you know, someone else's hurt. >> his mother died in 2007. and just after taylor swift appeared on abc's "the view" today, west called to personally apologize to her. that's according to representatives from the talk show. and taylor swift accepted his apology. fallout from the singer's outburst is reaching to the white house. from the rapper's outburst, rather. by one reporter who overheard president obama's reaction now finds himself apologizing. thank you. ok-what is it? dad, it more than doubles your risk of a heart attack or stroke. i can't keep anything from you. you better read about plavix. if you have p.a.d., plavix can help protect you

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secretary says she said there will be a limited supply. it is distributed early next month. there will be enough vaccine for everyone. but still certain people will get the first priority, particularly small children, pregnant women, and, remember, health officials say you still got to get your regular flu shot. that is what they recommend. but the swine flu vaccine is on its way. president obama says his administration's actions stopped the free fall in the american economy and have set the stage for recovery. the president's delivering that message to union workers in ohio and pennsylvania today. at a car plant in ohio, he defended the government's loans to automakers and he said that the cash for clufrnker's rebate program allowed gm to recall 150 employees who have been laid off at that plant. >> now even though you're proving that american automakers are getting back in the game, i think everybody understands our economic troubles are far from over. i don't want to do r overpromise

you. we still got a lot of work to do. we got in a deep hole over a course of years. it's going to take some years to get back out of this hole. we have a lot of work to do not just to get this community moving again and this economy moving again, but we've got to build a stronger foundation for economic growth into the future. >> president obama also addressed an afl-cio convention in pittsburgh. the president wants to help consumer weather this financial storm. his efforts are moving very slowly to do just that. we have more details from cnnmoney.com from the newsroom there in new york. hi, allison. >> you may remember back in june the president proposed creating a consumer financial protection agency. and what it would wind up doing is regulating mortgages, credit cards, and other financial products. and have the power to ban anything deemed deceptive.

but so far not much has happened. there is a lot of pushback from the financial industry and from some members of congress as well. the house now could vote on a bill later this month which could also be when the senate could release its version of the bill as well. but the health care debate could wind up pushing all of this into next year. >> allison, this seems like a no-brainer. but everyone is not onboard with this consumer financial products agency, i think that's the term you just said. not everyone is onboard with that. >> you know, the industry is really worried. it could stifle innovation and financial products and make credit less available to consumers. some lawmakers also think the government may be overreaching and others say you can wind up increasing consumer protection just by stepping up oversight at agencies that already exist rather than creating a whole new bureaucracy. >> let's check in on something else you mentioned. you talked about the president trying to help consumers, in particular, the administration reached out to homeowners, people that were underwater that, type of thing. how are those efforts going? >> i tell what you, the pace is

picking up. but it's been a slow start. since the president's foreclosure prevention plan began taking applications in april, only 12% of eligible borrowers have had loans modified. en that is 360,000 homeowners. four million is the ultimate goal. the administration is working to improve the program by streamlining applications and developing online tools that let people check out the status of their request. but loan servicers need to ramp up staffing and improve training so they can reach out to more borrowers. we'll be watching for more progress on this. >> that sounds good, allison. appreciate it. >> sure. an update on another unforgettable public outburst. iraqi journalist threw shoes at form former president bush is out of jail. what he said happened to him behind bars. show and tell... with all the pet hair in the air my eyes would really itch. but now i have new zyrtec® itchy eye drops. no other allergy itchy eye drop works faster or longer.

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the chairman of the joint chiefs of staff told congress today that winning a war in afrg will probably mean sending more troops, more time and patience as well. admiral mike mullen said he played no recommendations about how many troops might be needed. he said that will come from the top u.s. commander in afghanistan. that is general stanley mcchrystal. public support for the afghan war is at an all-time low. this year has been the deadliest for u.s. and nato troops since the war began eight years ago. that iraqi journalist who threw his shoes last year at then president bush is out of prison. he's been released. he got a warm welcome from his friends, his family, supporters. it was very emotional. he said iraqi security forces beat and tortured him during his nine months in prison. and he says he fears for his life right now. the shoe throwing incident last december seen around the world, bush was on his final visit to iraq as president when it happened. he was convicted for assaulting a foreign head of state.

the stunning act of protest made him a hero, though, in much of the arab world. >> he is the most well known journalist, the most well known figure in the arab world in particular. and he will be showered by presents. there are promise that's he'll have a nice villa by the other people say i will be honored if you'll marry my daughter. so there are a lot of brides waiting for him to choose from. but also there are a lot of maybe money waiting for him by those wealthy arabs who consider him a hero. >> after he was released,' pollingized to fellow journalist who's considered what he did unprofessional. a suite by an abc reporter is raising questions about how much privacy the president can expect in these days of instant information. this is what happened. "nightline" anchor terry moran overheard a discussion between president obama and a crew from

cnbc. then he fired off a post on twitter. this is what it said -- >> well that tweet went out to moran's one million followers and appeared on the site's public feed before being deleted. abc has apologized saying that moran tweeted prematurely before the network's editorial process had been completed. the president made the comments while getting ready for an interview, again, with cnbc. reporters have honored an unwritten rule that such chats like that should be kept private. the house will be voting on a resolution of disapproval of congressmen joe wilson of south carolina sometime later to day. he's the run who yelled out "you lie" during president obama's health care speech to congress last week. just what the resolution will say, we don't know that yet. wilson apologized to the president and said he's not apologizing anymore.

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today police return to the home of philip and nancy garrido. of course, they're the couple accused of kidnapping then 11-year-old jaycee dugard in 1991. they're holding a press conference to tell us what happened. let's listen to that right now. >> we're going to have two primary speakers here, the first is going to be lieutenant chris ory from the hayward police department. and the second is lieutenant savoy. each one will be making a statement and then we'll have some q&a and we'll see how long that goes and wrap it up at some point. i would also like to mention we'll get you closer up here in this designated press area wunsz the trucks are moved out. okay? with that, i want to introduce hayward lieutenant chris orry.

>> good morning. thank you very much for your patience. on november 19th, 1988, in south hayward, california, 9-year-old mckay la garret was abducted by a stranger in front of the rainbow market. that case has been investigated for over 20 years. the hayward police department has investigated over 13,000 leads. and, unfortunately the case has remained unsolved. on august 27th along with the rest of the world, we learned about the break in the jaycee dugard abduction. as we learned more about that case, we saw more and more similarities to our own abduction in 1988. these similarities included the physical appearance and ages of the victims, the manner of the abduction in that they were taken in a very brazen manner in broad daylight in a public place, the similar vehicle descriptions between the vehicle used in 1988 and the vehicle

towed off the garrido property recently, as well as the description of philip garrido in the late '70s, early '80s. pictures we obtained of him in that time in comparison to the police artist sketch done in 1988 by the witness to ma kayla' abduction. for those reasons, we obtained a search warrant for the property that had been inhabited by the garridos on walnut avenue and unincorporated antioch and the adjacent property that philip garrido had access to. our operation today is being conducted jointly with the dublin police department with the assistance of theal meeta county sheriff's department, the contra costa sheriff's department and the fbi. our aim is to methodically, systemically and very thoroughly search the properties with our own cases in mind knowing

knowing what we're looking for in our cases. the original agency that's were on the property searching were not familiar with our cases. so we're taking another shot at the property to see what we can find. i'd like to thank the agencies involved in this separation. we could not do it alone. hayward is a medium sized police organization. and it's only with the resources offal meeta county sheriff, contra costa sheriff and the fbi that we're able to take on such a huge undertaking. we understand that there's a lot of debris and property to go through on these two properties. we expect the operation to take days -- >> you've been listening to an update from antioch, california. police returned to the home of philip and nancy garrido. they're accused of the kidnapping of jaycee dugard. this is about the abduction of mikayla garret in 1988. we'll continue to keep an ear to that press conference as we move on with the rest of the day's news. actor patrick swayze has

lost his battle with pancreatic cancer. hollywood is mourning the death of him. he's 57 years old. he was best known for his roles in "dirty dancing" and "ghost," one of my personal favorites is "the outsiders." a.j. hammer joins us with more on the immediate outpouring of emotion coming from people who worked with him, people who knew him, people who really cared about him, a.j. >> if you didn't cry at the end of "ghost," even if it wasn't your favorite patrick swayze movie, you're not a human being. and whoopi goldberg said that movie and doing that movie with her had an impact on her life. she won the oscar for it. the cool start of the back story is that patrick insisted that whoopi goldberg do the movie or he wasn't interested in doing it. let me read to you what whoopi goldberg said about patrick swayze upon learning of his passing last night. >> of course, we were all

eyeinger to here is what she would say on "the view." she spoke of the strength he showed. >> this was a well-fought battle. patrick fought like the diggens. to survive it or to get through it. he never thought of himself as someone who is dying because, as he said to another good friend of mine, he said, you know, we're all dying. and so his attitude was, until it kills me, i'm going to keep doing what i'm doing. he worked up until the last minute. he worked. he did his show. he just wasn't going to give up. >> so much optimism. it really rubbed off on everybody that he worked with. of course, demi moore is the other woman he he could r. co-starred with in that film. and she said about patrick's passing --

>> of course, words from the movie "ghost." jennifer grey co-starred with patrick in the other huge blockbuster hit, "dirty dancing." she said, patrick was a rare and beautiful combination of raw masculinity and amazing great. gorgeous and strong. he was a real cowboy with a tender heart. i know you relate to the cowboy reference. he was a fellow texan. and he was the pride of your state, wasn'the? >> you have no idea. he's from houston. and his mother was a dance instructor there. so many people learned how to dance from her. so many people have stories about, well, i kind of know patrick. i know this person who knows him, who knows his mom, we were just so, so proud of him. so many people go to hollywood and seem to change. to us texans, he always seemed he was still one of us. an incredibly kind and gracious person and a real person. >> yeah, you absolutely have that right. and as we've discussed before, he's one of the guys among the many stars i met throughout my

career when you meet him and shake his hand, you're not meeting a huge superstar. you're meeting a real guy who happens to make movies for a living. i mean he was as humble as they come. so, of course, coming up to night on "showbiz tonight," much more on the passing of patrick swayze and the stunned hollywood reaction. >> all right. 57 years old. too soon. a.j., thank you. >> you got it. got more breaking news to pass on you to. the fda approved the new swine flu vaccine. we have been hearing a lot about it. they've been working on it. it's done now. health and human services secretary says she hopes to get first limited supplies out by early next month. there is enough for everyone. but things like this, there are people that have priority n this case, small children, pregnant women, and also remember health officials say you still need to get your regular flu shot as well. police say they don't expect to make an arrest today in the killing of a yale graduate student, 24-year-old annie le was found dead in a campus

building sunday. she had been missing for five days. in about a half hour, we are expecting the medical examiner to release the cause of death. that's what we're anticipating. police say that le's killer was not a random act. no students are believed to be involved. the students did hold a candlelight vij nil her honor last night. her roommate spoke about what it was like to lose her friend. >> she was as good a human being as you'd ever hope to meet. that this horrible tragedy happened at all is incomprehensible. but that it happened to her, i think, is infinitely more so. it seems completely senseless. >> the build wrg le was killed is only accessible to yale students and employees. and the school's president says that police have made progress narrowing down the number of suspects because the way the security system works. anyone who goes in and out of that building, there's a record of it and a record of what time

that happens. we'll be talking to a yale student later to hear how this case affecting students on campus. cities are driving smokers outdoors with a ban on cigarettes. and public buildings. now in new york, they want to ban smokers outdoors as well. at least in some public places. we'll hear your ideas about that.ef then don't bother watching this commercial. i've taken precautions all my life to protect my identity. i've been in law enforcement all my life... and my identity was stolen. did you know that identity theft has topped... the federal trade commission's list of consumer complaints... for the last eight years? it's a serious problem for anyone with a social security number. and it continues to get worse. fact is, on your own, there are many things... you can do to deter identity theft. protect your social security number, shred and destroy, be internet savvy, use intricate passwords, safeguard your purse and wallet. seriously, are you really going to do all that? no, really are you going to do all that... for you and your family? at lifelock, the gold standard in identity theft protection, we're here to help. we take proactive steps to deter identity theft...

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and to receive your paper shredder, call now and mention "shredder." call now and mention "shredder." call now or visit lifelock.com. ♪ we have more details coming to us from baghdad. at least one mortar shell was fired near the green zone. and this is the day that vice president biden made a surprise visit to baghdad, his third trip in about a year. biden was not hurt. but this is kind of how this happened.

the general and the u.s. abc ambassador were talking to reporters and then they heard a warning over the p.a. system. >> in some respect you'll see increase in -- >> compound, attention on the compound. please remain undercover. there is still a threat of indirect fire. please remain undercover. there is still a threat of indirect fire. >> the reporters just carried on with the briefing. the men there acted like the whole thing really didn't phase them. which means it's probably not that rare. the protected green zone is home to government offices, u.s. and briti british embassies and the iraqi parliament. some authorities in new york city have conducted a string of searches in what appears to be an effort to prevent a terrorist attack. federal agents searched several apartments in queens early yesterday. no one was arrested. a federal law enforcement source says agents were looking for a

specific person and they didn't find that person. new york senator charles schumer says the raids were preventative. >> there was some rumors that the -- a terrorist act was imminent that, is not true. second, there was some speculation that the raids were related to president obama's visit to new york because they occurred at the same time, that is not true. >> all two sources contradicted schumer saying that authorities did act at least partially on concerns about the president's visit next week. but they also went on to say there was no indication of a specific plot against the president. keep talking about the president here. president obama says his administration's actions stopped the free fall of the american economy and set the stage for recovery. he's delivering that message to union workers in ohio and pennsylvania today. at an ohio car plant, he defended the government's loans to automakers and he said that

cash for clunkers rebound program was a success and it allowed g.m. to recall 150 employees that were laid off at the plant. >> now, even though you're proving that american automakers are getting back in the game, i think everybody understands our economic troubles are far from over. i don't want to overpromise you. we still got a lot of work to do. we got in a deep hole over a course of years. it's going to take some years to get back out of this hole. we have a lot of work to do not just to get this community moving again and this economy moving again, but we've got to build a stronger foundation for economic growth into the future. >> president obama also addressed an afl-cio convention in pittsburgh. fallout from kanye west's outburst at the mtv vmas is reaching to the white house. by one reporter who overheard president obama's reaction now finds himself apologizing.

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hundreds of students at yale university attended a candlelight vigil in honor of annie le. le was a student at yale and a friend joins us to describe the mood on campus today. before i talk about today, i know you were at the vigil last night. can you kind of give us a sense of what it was like? i know you didn't personally know annie. most people there didn't. i imagine they were really shaken up by what's happened. >> yes. it was very somber. but at the same time it was beautiful. the president spoke us to, the chaplin and one of her roommates. and you're right, i don't know annie personally. but i know that i definitely teerd up and several people around me did as well. for me, it was beautiful to see the yale community come together and also we're voicing the frustrations that we have. >> let's talk about your frustrations and what campus is like today.

i realize that police tried to make it clear, they keep saying they don't think this is a random act. but are you as a young woman on campus and some of your friends, are you uncomfortable? how do you feel on campus now? >> i mean, there's -- it's like an err of shock. we're all scared. when we first found out that annie was missing, a lot of people believed that perhaps it happened in new haven. but when we found out that her body was found inside of a yale building, i think that instilled a lot of fear in us. so even though the police are telling us this and, you know, we've been preached to about it a lot, we're all still kind of scared and nervous and waiting for answers. >> i know parents are concerned as well. you were telling me that you -- and i'm sure other students have to do the same thing -- they had to call home and tell their parents i'm okay. >> yeah. that's another one of the biggest issues. and i definitely see that as a bigger plight among the freshmen who just got here on campus two weeks ago.

many parents are worried. they've been calling in. they're trying to see what the area is like. >> all right. we've been told, they don't expect to make an arrest today. but at the same time, we've been hearing from the president of the university, he is saying that police narrowed this down. they don't think it's a student. what do you all need to happen next for you all to start to feel okay? >> i think it's definitely, you know, for them, if they pin pointed a suspect to have that person taken in. and also for us to kind of know, we want answers. we want to know what happened and why. it's shocking and unbelievable. and i think that's the biggest thing. and until, like, we find out what happened, there's still going to be uncertainty. >> all right. a student at yale university sharing some of her experiences with us. wow. i'm sure it's been a tough time.

thank you very much. i'm sure annie's family appreciated so many people turning out for that vigil. thank you. >> well let's shift gears a little bit. talk about kanye west. he's still talking. he apologized again. this time on the "jay leno show." there's no way you haven't heard what happened about the stunt at the mtv video music awards. last night he got emotional with jay leno when he asked him about upstaging the 19-year-old country singer taylor swift. >> i was fortunate enough to meet your mom and talk with your mom a number of years ago. what do you think she would have said about this? >> um -- >> would she be disappointed in this? would she give you a lecture? >> yeah. you know, obviously, you know i

deal with hurt. and, you know, so many, you know, celebrities never take the time off. i've never taken the time off to really -- just music after music and tour after tour after tour. i'm just ashamed that my hurt caused someone else's hurt. >> his mother died in 2007. after she was on "the view" kanye west personally called her. taylor accepted his apology. the rapper's album led to a tweet. it's raising questions about how much privacy he can request. night line co-anchor overheard a discussion between president obama and a crew from cnbc. then he fired off on twitter. this is what he wrote, president obama just called kanye west a jackass for his outbursts at the

vmas. abc has apologized saying he tweeted free maturely before the editorial process was completed. [ moos ] [ man announcing ] if you think about it, this is what makes theladders different from other job search sites. we only want the big jobs. welcome to theladders. a premium job site for only $100k+ jobs and only $100k+ talent. of calcium and vitamin d. that's where their favorite cereals can help. general mills big g is the only leading line of kid cereals that has calcium and vitamin d. help them get more of what they need with general mills kid cereals.

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california police return to the home of the couple charged with kidnapping and raping jaycee dugard. we'll bring you the latest on the new search. any minute we can learn how yale grad student annie le died. are police closer to making an arrest in her killing on the yale campus? and -- >> nobody puts baby in the corner. come on. >> reporter: patrick swayze loses his battle with cancer. hi, everybody, on a tuesday. "hln news and views" welcome. right now police are combing over a series of sheds and tents and ground looking for evidence that might link a california couple accused of kidnapping a girl in 1991 to the disappearance of another girl

two years earlier. they're ser they're searching the home of the garridos and searching for signs they might have been involved in the disappearance of this girl missing since 1989. >> can't not say the garridos are with certainty suspects in the case. but certainly we've been unable to eliminate them as suspects in the case. phillip garrido was not in custody at the time of eileen's disappearance and, in fact, had been released only a few months prior to eileen's disappearance. >> that was in dublin, california. investigators are also looking into evidence that the garridos might have been involved in the disappearance of another girl. 9 when she was reported missing in hayward, california, in 1988. they're searching the property. the garridos kept jaycee dugard there for 18 years after her disappearance from south lake

tahoe. she was found alive a few weeks ago. they're also searching a neighboring property. the garridos are in jail facing kidnapping, rape and other charges. a $30 million bail set for phillip garrido. any minute now the medical examiner in new haven, connecticut, is expected to release the cause of death for annie le. the 24-year-old's body was found stuffed in a wall in a research basement sunday. she had been missing five days. police have a lot of evidence, and it's clear that this was not a random act. no students are believed to be involved. students held a candle light vigil in her honor last night. le's roommate spoke about what was like to lose her friend. >> she was as good a human being as you would ever hope to meet. that this horrible tragedy happened at all is incomprehensible, but that it happened to her, i think is inf infinitely more so.

it seems completely senseless. >> the building where le was killed, the research lab is only accessible to yale students and employees. police have narrowed the number of suspects because building security system recorded everyone who entered the building and what time. the latest on the investigation to annie le's death. don't miss nancy grace at 8:00 and 10:00 eastern here on hln. nancy had got it all. as many as forounds fired i the heart of baghdad, apparently from across the tigris river. vice president joe biden had made a visit to the iraqi capitol. he want hurt. waiting to hear still if anybody was injured. he arrived for talks with iraqi leaders. he's also met with u.s. troops. his third trip to iraq this year. now in boston the transit authority is sorting out why a commuter train ran into a barricade when it came into a station. at least ten people, actually a dozen people were hurt. authorities say none of the

injuries are thought to be life threatening. the train was moving very slowly when it overshot a platform and collided with a bumper. the engineer says he misjudged the length of the train. f he will submit to routine alcohol and drug testing. bad news for smokers looking to light up in new york city's hundreds of parks, playgrounds or recreation areas. officials are looking to ban smoking in public places and beaches. in other words, outdoors. new yorkers should not have to tolerate second-hand smoke. even outside. and children shouldn't ever have to see people smoking. >> i'm not a smoker. i can't stand cigarettes. but i don't think that i think that's a abusive power for me. >> it's very hard to prevent that on an outdoor basis. but it's great. >> he's already raised the taxes on cigarettes. if it's outside i don't feel like it's none of his business. >> the plan may require city council approval. tell us your views. is it fair to ban smoking in

public parks? is it an abuse of power, as we  just heard? what are your thoughts on this? you can call or there's the e-mail. cnn.com/hln. we will also accept a text. there's the address. type views and your comment and name. standard text rates apply. the congressman who yelled at president obama last wednesday during his health care reform address to a joint session of congress is on the the hot seat with fellow representatives. the house is debating a resolution expressing disapproval of south carolina republican joe wilson's outburst. our deputy political director paul steinhauser joins us live from washington with more on this. where are we on this, paul? >> we could be 15 or 20 minutes away from the house actually hearing the resolution. earlier today you saw the congressman from south carolina on the house floor. he spoke in front of the full house chamber. he did not bring up, though, he did not bring up his confrontation with the president from last week.

he did talk about the large town hall meetings he held over the august recess and how honest patriots were against a government takeover of health insurance. you know, wilson apologized to the president last week. he says that's it. no more apologies. but he stands by his belief that the president wasn't truthful when he said illegal immigrants would not be insured. today a number of democrats supporting the resolution saying the reason they support it is because wilson needs to apologize to the full house because it happened in the house chamber. one democrat, hank johnson of georgia. he told us a cnn producer he thinks wilson's outburst will increase racial tensions in the country. take a listen. >> it did not help the cause of diversity and tolerance with his remarks. if i were a betting man i would say that it instigated more racist sentiment, feeling that

it's okay. you don't have to bury it now. you can bring it out and talk about it fully. i guess we'll probably have folks putting on white hoods and white uniforms again and riding through the country side intimidating people. >> republican leaders say this is all a distraction. take a listen to john boehner. >> joe wilson apologized to the president. the president accepted his apology. and the fact is they want to change the subject. they don't want to talk about health care because the american people are finding it very unpopular. >> how is it playing with the public? >> we got a grabrand new poll. we asked was the outburst appropriate? 85% say inappropriate.

we also asked do you think that obama lid during his speech? the majority said no. but 32% said they think he did, chuck. >> again, the votes in. what would it result? would he be forced to go in the well of the house or stand there and take it? >> more of the second. more of a slap on the wrist? >> paul steinhauser, thanks. appreciate it. kanye west called taylor swift after her appearance on "the view" to personally apologize for his outburst. this is the one that occurred on stage as she was accepting an mtv music video awart. that word from representatives who also say taylor swift accepted the apology. last night kanye west kicked off his apology tour on the "jay leno show." >> i was fortunate enough to meet your mom and talk with your mom a number of years ago. what do you think she would have said about this? >> um --

>> would she be disappointed in this? would she give you a lecture? >> yeah. you know, obviously, you know, i deal with hurt. and, you know, so many, you know, celebrities never take the time off. and i've never taken the time off to really, you know -- i just music after music and tour after tour and tour. and i'm ashamed that my hurt caused someone else's hurt. >> kanye west's mom died in 2007. in what was supposed to be an off the record comment president obama called him a jackass. he was asked the question not on the record. abc nightline co-anchor was there, overheard it and twittered it.

writing president obama just called kanye west a jackas. abc quickly apologized for the message. hollywood is mourning the death of actor patrick swayze. he died after a long fight with pancreatic cancer. he played the lead in movies including "ghost" and "dirty dancing." ♪ >> no. ♪ >> don't look down. right here. ♪ hey baby >> recently swayze was in the tv series, "the beast." it was canceled in june because his cancer was getting worse. >> it was a sad night he was a lovable, dear, and accomplished person.

he did as much as anybody could. he fought a very hard fight. >> jennifer grey released this statement describing swayze as a rare and beautiful combination of raw masculinity and amazing grace. demi moore reacted to the death quoting a line he said to her. it's amazing, molly, the love inside, you take it with you. then she added, i will miss you. swayze and his childhood sweetheart were married 34 years. an update on an aun forgettable outburst. the iraqi journalist who last september threw his shoes at president bush is out of jail. what he said happened to him behind bars and his apology. achoo!

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new york senator chuck schumer said the raids were preventive. >> there was some rumors that the terrorist act was imminent, that is not true. second, there was some speculation. that the raids were related to president obama's visit. to new york. because they occurred at the same time. that is not true. >> two sources differ. they contradict the senator saying authorities did act at least partially because of concerns about the president's visit but there was no indication of a specific plot against the president of the united states. the iraqi journalist speaking of someone threatening the president, the one who threw his shoes last december at then president bush has now been released from president. he got a warm welcome from emotional friends, family and supporters. he says iraqi security forces beat him and tortured him during his nine months in prison. that incident was seen around the world. bush was on his final visit to

iraq as president when the incident occurred. he ducked twice to avoid getting hit. he was convicted for assaulting a foreign head of state. the act of protest made him a hero on the arab streets. after his release he apologized to fellow journalists who considered what he did unprofessional. there will be a bipartisan plan to overhaul the health care system. the question it, will it have enough support for serious consideration? max baucus says he and five members of the panel will unveil a plan tomorrow. three democrats and three republicans have been negotiating for months. the republicans have won huge concessions. this plan will have no government-run insurance program. >> i think there's a growing sense of inevitably this bill is going to pass. more senators want to vote for health care reform that passes than not. they're hearing from people at home. they know the costs are going up too rapid a rate. republican senators and democratic senators together want to find a way to support

health care reform. now will are some who don't, but many do. >> several say it doesn't give enough help to families who can't afford health insurance. republicans are pushing gop members to help vote against the bill they helped draft. a girl claimed hir dad threatened to kill her for converting to christianity. now a police report has been we leased on the allegation. rogaine? i'm just a skeptic so i don't necessarily believe that anything is going to work but i was like, hey, this actually works. (announcer) only rogaine foam

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officials say a suspect in custody for a stabbing death. a student was stabbed to death this morning. they found the suspect hiding behind a house near the campus in coral gables. the suspect pulled a switchblade during a fight with a victim, stabbed the boy in the chest. at least four students saw the deadly fight. reports this happened in front of the school security camera. baltimore police say a student used a samurai sword to

kill an intruder in the garage. earlier he took the sword with him and confront ad man inside who then attacked him. so he used the blade to defend himself. a police spokesman says the student cut off the man's hand. the alleged burglar died later. police say the man had been arrested several times for burglary. they're discussing with prosecutors whether or not charges should be filed. police say no evidence a runaway teen was ever threatened by her father from converting from mis islam to christianity. he claims her dad said he would kill her. an investigation found no clear threats of alleged abuse. ben bernanke says the recession is likely over. speaking in washington, he said while the economy is probably growing, it won't stop the unemployment rate from rising. the jobless rate is now at a 26-year high.

9.7%. the fed boss said he's confident congress will rewrite the nation's financial rule book to prevent another crisis from happening. bernanke made the comments in a speech at the brookings institution. president obama says his administratio administrati administration's actions stopped the freefall on the economy. at an ohio car plant he defended the government's loans to automakers and hailed the cash for clunkers rebate saying it allowed gm to recall 150 employees who were laid off at the plant. >> even though you're proving that american automakers are getting back in the game, i think everybody understands our economic troubles are far from over. i don't want to overpromise. we still got a lot of work to do. we got in a deep hole over a course of years that's going to take years to get back out of

this hole. we have a lot of work to do not just to get the community moving again and the economy moving again, but we have to build a stronger foundation for economic growth into the future. >> the president addressed -- or will address an aflcio convention in pittsburgh today as well. everybody rushing to the dealer to buy before the end of the cash for clunkers program gave retail sales a big boost. retail sales in august jumped 2.7%. they were down 0.2% in july. serena williams isn't the only tennis star to get caught cussing on camera. federer was upset that juan martin was given too much time to challenge a line call and got into this exchange with the line ump, the umpire. >> do you have any rules in there? stop showing me your hands, okay. don't tell me to be quiet. when i want to talk, i'll talk. i don't give a [ bleep ] what he

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we have now learned that the medical examiner in new haven, connecticut, will not release the cause of death of annie le. that's her in a security camera video. her death, of course, is being investigated. the request came from the prosecutors. and the medical examiner will not, as expected, release the cause of death. this is the 24-year-old grad student at yale. her body found stuffed in a wall in a research building's basement on the day she was supposed to be married. sunday. witnesses say several officers were at the home of a yale animal research technician who worked with her. police say they have a lot of evidence and it's clear this was not a random act. no students are believed to be involved. students overnight held a candle light vigil in her honor.

le's roommate spoke about what it was like to lose her friend. >> she was as good a human being as you would ever hope to meet. that this horrible tragedy happened at all is incomprehensible, but that it happened to her i think is infinitely more so. it seems completely senseless. >> the building where le was killed is only accessible to students and employees. police are narrowed the number of suspects because building security had recorded everybody who entered the building and what time. right now police are looking for evidence that might ling a couple to the disappearances of two other young girls. they're searching the home of phillip and nancy garrido. they're seeking any signs the garridos were involved in the disappearance of 13-year-old

eileen. and also a 9-year-old that went missing in 1988. >> we understand that there's a lot of debris and property to go through. on these two properties. we expect the operations to take days, possibly even into next week. >> the police say they're searching the property where they allegedly kept jaycee dugard for 18 years after her disappearance from south lake tahoe. she was found a few weeks ago. they're also searching a neighboring property. the garridos are in jail facing kidnapping, rape and other charges. in oklahoma police found an abducted child after a chase in oklahoma. officers were searching for 27-year-old shannon, believed to have taken 1-year-old bo shannon yesterday. the child was believed to be in danger because the suspect was off medications. police held the child until an

ambulance was called to the scene. the boston the transit authority is still sorting out why a commuter train ran into a barricade while pulling into a station. passengers were hurt, but none of them life threatening. he said the engineer admits he misjudged the length of train. the engineer will submit to routine drug and alcohol testing. four shells fired near the highly fortified green zone in baghdad. the same day joe biden made a surprise visit to the iraqi capitol. the vice president wasn't hurt. no word on injuries or damage. biden is in baghdad for talks with iraqi leaders. he'll also meet with u.s. troops. his third trip to iraq this year. the iraqi journalist who threw his shoes last december at then president bush has been released from prison. he said iraqi security forces

beat him and tortured him in his nine months in prison. the shoe throwing incident was seen around the world. bush on his his final visit to iraq as president when it happened. he ducked twice to avoid getting hit. he was convicted for assaulting a foreign head of state. after he was released he apologized to fellow journalisted who had considered what he did unprofessional. the chairman of the joint chief of staffs told congress that winning the war in afghanistan will probably mean deploying more u.s. troops plus time and patience. admiral mike mullen said he had made no recommendations about how many more troops will be needed. public support for the afghan war is at an all-time low. this year has been the deadliest for u.s. and nato troops since it began eight years ago. federal agents searched several apartments in queens, yesterday. but no one arrested. a federal law enforcement source

said agents were looking for a specific person, but they didn't find that person. new york senator chuck schumer said the raids were preve preventative. >> rumors that the raids were related to president obama's visit. to new york. because they occurred at the the same time. that is not true. >> however, two sources do contradict the senator saying that shorts indeed acted part l partially because of concerns about the president's visit, which is next week. they added no indication of any specific plots. officials at a south florida high school now say a suspect is in custody for stabbing a student to death today. early this morning police say they found the suspect hiding behind a house near the campus at coral gables. an affiliate reports the student pull ad switchblade during a fight with the victim, stabbed the boy in the chest. at least four students saw the

deadly fight. there are reports it happened in front of a school security camera. a man who reportedly fell 18 feet into a canyon in arizona has been rescued. fire officials say the man was bleeding from the head but in stable condition. crews could be scene on the mountain looking for the hiker and finally loading the man onto a helicopter. it took him to a parking lot where an ambulance was waiting to take him to the hospital. president obama says his administration's actions stopped the free fall in the american economy. he delivered the message to union workers today in ohio and pennsylvania. at an ohio car plant he defended the government's loans to automakers and hailed the cash for clunkers rebate saying it allowed gm to recall 150 employees who had been laid off at the plant. he also addressed an aflcio convention in pittsburgh. fallout from kanye west's outburst at the mtv music video awards is reaching the white house.

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plus, tums dual action has an effective acid reducer that works for hours, all day or all night, to keep heartburn from coming back. rely on tums dual action for fast, long-lasting relief of heartburn. brand power. helping you buy better. the doctors are now finding they have a unique profile when it comes to cancer risks. melissa long explains in today's health minute. >> hispanic americans are less prone to cancer. that's according to a report released this week by the american cancer society. researchers found the hispanic americans are less likely than non hispanic whites to develop

and die from all cancers combined, including female breast cancer, prostate cancer and cancers of the colon and rectum. however, the population has higher rates of several cancers that can be caused by infections, such as stomach, liver and cervical cancers. researchers also found cancer death rates among hispanics are lower than that of nonhispanics. more than 18,000 hispanics are expected to die from cancer this year. the top two causes of cancer deaths among hispanic men are colon and lung cancer. they hope the updated facts will give oncologists a better understanding of the hispanic cancer profile and provide them with tools to better treat their hispanic patients. i'm melissa long for today's "health minute." kanye west called taylor swift after her appearance this morning on "the view" to personally apologize for the outburst on stage during her acceptance at the mtv music video awards.

here's a shot from "the view." that's the word from their representatives who say swift accepted kanye west's apology. last night west kicked off his apology tour on "the jay leno show." >> my entire life i've only wanted to give and do something that i felt was right, and i immediately knew in this situation that it was wrong and it wasn't a spectacle. it's actually someone's emotions that i stepped on. it was very -- it was just rude, period. i would like to apologize to her in person. i wanted to. >> when did you know you were wrong? was it afterwards, as you were doing it? when did it strike you, uh-oh? >> as soon as i gave the mike back to her and she didn't keep going. >> leno also asked what he thought his mother would say, causing him to get fairly emotional. kanye west's mom died in 2007.

a tweet by an abc reporter is raising questions about how much privacy any president can expect in the days of instant information. night line co-anchor overheard a discussion between the president and a crew from cnbc. he fired off a twitter, a tweet, and it read president obama just called kanye west a jackass for his outburst at the vmas when taylor swift won. now that's presidential. the tweet went out to moran's one million followers and appeared on the public site before being deleted. abc is apologizing saying he tweeted free maturely before the network's editorial process had been completed. the president made the comment while getting ready for a cnbc interview. reporters have long honored an unwritten ritual that such chats are always kept private. serena williams isn't the only tennis star to get caught cursing on camera. in his stunning loss to juan martin del potro, federer led an

expletive on tv. he was upset del potro was given too much time to challenge a line call and got into this exchange with the umpire. >> you have any rules in there? stop showing me your hands. don't tell me to be quiet, okay. when i want to talk i'll talk. i don't give a [ bleep ] what he says. >> del potro won the match, his first grand slam title. federer hadn't lost a match since 2003. all right. you want to keep your and the's cell phone calls and text messaging under control? a new mobile device that offers unlimited texting and a lot more. >> do you have a teenager or a tween, and you don't know what to do about the cell phone texting kind of thing? a lot of parents turn on this one and do the add a phone. bad idea. because add a phone is really add a surprise when the bills come in and who knows what overage you're going to have

there is an alternative i want to tell you about. the september special. you ever heard of them? this is a company that has devoted itself to offering family-friendly cell phone plans for teens and tweens where you as a parent can track the movement of your teen or tween also. they're offering a special right now for $19 a month. it includes unlimited texting and 150 cell phone minutes a month. overages are a dime a minute on the cell phone calling. if you don't want overages, you have parental control. you can shut them off at 150. i'm clark howard. go to cnn.com/clarkhoward. >> clark is here every weekend saturdays and sundays at noon and 4:00 eastern on hln "news and views." don't miss clark howard. cities are driving smokers outdoors with bans on cigarettes and public building. now new york is trying to ban smoking outdoors.ng

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big makeover. right now five colors are representing five different alert levels. the bottom two have never been used. later today a government task force may change it to a three-color system. they should be more clear about why they raise or lower the alert level. there will be a bipartisan plan to overhaul the health care system. the question is, will it have enough support for serious consideration? max baucus said he and five members of the panel will unveil a scheme tomorrow. the three democrats and three republicans have been negotiating for months. the republicans have won huge concessions. the plan will apparently have no government-run insurance program. several committee democrats warn the proposal doesn't give enough help to families that can't afford health insurance. and republicans leaders are pressuring gop members to vote against the bill they helped draft. bad news for smokers in new york city. officials are looking to ban people from lighting up in public parks and beaches. the health commissioner says new

yorkers shouldn't have to tolerate second-hand smoke, even outside and children shouldn't have to see people smoking. new york city has hundreds of parks, recreations, playgrounds and similar areas. the plan may require city council's approval. the world's most famous investor is weighing in on whether the recession is over. warren buffett is at a summit of powerful women in california for the second year in a row. a special guest. cnnmoney.com's poppy harlow is there joining us live after sitting down with him. >> reporter: hi, chuck. an interesting day to talk to warren buffett. ben bernanke came out this morning speaking in front of a group at the brookings institution and said it looks like lie that the recession had ended. now no definitive end to the recession has been called. i asked warren buffett what his take is is it on it. where are we in recovery? >> i don't know the answer to that.

i don't hold myself out as a economic sire or anything. i don't worry about it too much. we're buying stocks this morning. i can tell you that. i'm not buying them based on whether we're going to come out of the recession in flee months or six months or a year. i'm buying them because i think it's that good value overtime. i think it's a mistake for investors to focus on business forecast instead of looking at the intrinsic value of a business. we're not seeing deterioration in our own businesses. and we're in 70 odd businesses. i see them across the board. >> reporter: that's very interesting, chuck, because they own everything from geiko insurance to fruit of the loom underwear. he's not seeing much growth anywhere. he's not seeing great signs of recovery. that from the legendary investor himself. interesting perspective. if we are recovering we're in the early stages of the recover according to warren buffett.

>> he has a long horizon. one-year anniversary of the bankruptcy filing of lei lehman brothers was a seismic event. what does warren buffett think of the idea of institutions that are too big to fail? >> reporter: that's a great question. we hear regulators, the president say time and time again in the years since the collapse of lehman we have to get to a point where no institution is too big to fail, therefore, no institution has to be bailed out by the government like citigroup, bank of america, aig, you name it. i asked warren buffett, a year out, have we come to the point where we're at that place where no institution is too big to fail? he's skeptical to say the least. take a listen to how he answered that. >> i don't think they can -- i think it's difficult to do that. i think you can change the system in such a way that the people running them run them a lot better in terms of thinking about the downside and the problems that can be associated with certain kinds of behavior. you can discourage and encourage

different types of behavior within those institutions. i'm not sure you can get rid of the institutions. >> reporter: more insight from warren buffett, legendary investors. the full interview available only on cnnmoney.com this afternoon. >> b of a was bigger than it was a year ago after merrill lynch. >> reporter: bigger, gobbling up other banks. >> talk about too big to fail. poppy, appreciate it. get the business news at cnnmoney.com. strong report in manufacturing are drawing investors into the stock market today. heading to the close, dow up 62 points more or less with about 8 1/2 minutes left in the trading day. everybody rushing to the dealer to buy before the end of the cash for clunkers program gave the economy a big boost. retail sales in august jumped 2.7%. they were down .2% in july. after months of fighting, patrick swayze lost his battle with cancer.

before he died he talked about keeping up hope and fighting for his life. xxxxxxxxxxbbb

california police are back at the home of the couple charged with kidnapping and raping jaycee dugard. we'll bring you the latest on that search. new haven, connecticut, medical examiner was supposed to release the cause of death in the death of yale graduate student annie le today. there's been a change of plans. also -- ♪ patrick swayze loses his battle with pancreatic cancer. how friends, fans and fellow actors are reacting to this loss. hln news and views. i'm richelle carey. this development happening in the past few minutes. medical examiner in new haven, connecticut, with holding the cause of annie le's death at the

request of prosecutors. the 24-year-old yale grad student's body was found stuffed in a wall in a research building's basement sunday. she'd been missing for five days. witnesses say several police offers are at the home of the yale animal research technician who apparently worked with her. police have a lot of evidence and it is clear to them this is not a random act. no students are believed to have been involved. now, the building where le was killed is only accessible to yale students and yale employees. the school president is saying police have really narrowed down the number of suspects and this is one of the reasons they were able to do that. building security systems record everyone that goes in and out of those buildings and the time that happens. for the latest on the investigation into annie le's death tune into "nancy grace" on hln tonight at 8:00 and 10:00 p.m. eastern time. also today, police in california are searching the antioch home of fill lynn and

nancy garrido, cupped accused in the kidnapping of jaycee dugard, looking for evidence to link the garridos to two other unsolved abductions in california. 13-year-old iilen misheloff has been missing 20 years. there are similarities between a car found on the garrido profit and one witnesses reported seeing her get into the day she vanished. she was abducted the same year as jaycee dugard. >> cannot say that the garridos are with certainty suspects in this case, but certainly we've been unable to eliminate them as suspects in the case. phillip garrido was not in custody at the time of iilen's disappearance and had been released a few years prior to iilene's disappearance. >> investigators looking into

the disappearance of mikaela garecht, she was 9 when snatched from outside a grocery store in 1988. let's get to mike brooks, our law enforcement analyst. you're probably not surprised there are police departments looking back at cold cases seeing if there's a connection to garrido. >> i think we discussed this one night on "prime news" on hln that police would go back and take a look at any other open cases that had similarities. you know, as they go along with their initial search of this place and statements they've been taken by everyone, richelle, you know, did they develop additional information to bring them back to this property again? that's what, as a former investigator, that's what it sounds like to me. >> that's what i was wondering, where did this come from? how difficult, though, mike, is it with the cases being so old? the people who said, this is the car i saw. some of these people might not be able to be found to help with the investigation. how difficult is it to solve a cold case? >> as long as there's some

similarities. there was a judge who thought, wait a minute, i think we have enough to go ahead with this. one of the thing i'm excited to hear about, as to hear this case go along is that car they're talking about that was still there on the property. >> after 20 years. >> after 20 years. so is there anything inside that car? with the technology we have today, richelle, compared to back in the '80s, with touch dna, everything else, as a technician i'm going to take extra caution in going through that car. talk about with a fine-tooth comb. they make special vacuums. i've used them before, just for forensics, with a special filter on it that will gather hairs, fibers, trace evidence, possible touch dna. from your skin just pieces of skin on your hand that maybe they can link back to these two. we don't know. hopefully they had dna samples of these two girls. one was 1988, one 1989. they're back there. i've been watching this all day. >> they're on their hands and

knees. >> they're on their hands and knees taking sketches. see them out there raking and law enforcement says they could be out there for a few days. they want to make sure -- looks like a superfund site. looks really nasty. that's property and the property adjacent to that he also had access to. >> maybe after 20 years maybe these families can get answers. >> that would be nice to get answers and have closure. that's for sure. we haven't heard the end of this. >> law enforcement analyst, mike brooks. thank you. two illinois teenagers who were caught on tape attacking another student on a school bus have been suspended from school. the driver of the bus on administrative leave. there was a camera mounted inside the bus, captured two teenagers ages 14 and 15 repeatedly punching another student in two separate attacks. at first the police captain thought race may have been a factor because there were black students hitting a white student but now they say they were spontaneous attacks.

the bus driver didn't see the first attack and radio dispatched when he saw the second one. transit authority in boston is sorting out why a commuter train ran into a barricade as it pulled into a station. at least a dozen people were hurt when this happened. minor injuries, though. a transit system spokesperson said the train was moving very slowly and overshot the platform and collided with the rubber bumper. he says the engineer admits he misjudged the distance and part of routine the engineer will submit to drug testing. republican leaders rallying around the congressman who yelled at president obama during his speech to a joint session of congress last week. south carolina republican joe wilson shouted "you lie" at the president during the address last wednesday. the house is debating a resolution that would formally register its disapproval of its actions. wilson apologized to the white house but not to his colleagues. >> he did not help the cause of

diversity and tolerance with his remarks. if i were a betting man i would say it instigated more racist sentiment, feeling that it's okay, you don't have to bury it now. you can bring it out and talk about it fully. and so i guess we'll probably have folks putting on white hoods and white uniforms again and riding through the countryside intimidating people. >> republicans claim democrats are trying to make partisan hay out of wilson's outburst. >> joe wilson apologized to the president. the president accepted his apology, and the fact is they want to change the subject. they don't want to talk about health care because the american

people are finding it unpopular. >> the historian of the house said no member has been admonished for shouting at a president during a joint session of congress. stay tuned. cities are driving smokers outdoors with bans on cigarettes in public buildings. now new york wants to ban smoking outside as well in some places? we'll hear your heated views on this idea, next. breaking up is hard to do. so allstate will do it for you. 0ñitch to allstate, and your new agent will... help tell your old insurance company goodbye. saving you that uncomfortable breakup moment. and serious cash. drivers who switched saved an average of $396 a year. $473 if they dumped geico. breaking up is easy to do. ♪ remember when that's allstate's stand. are you in good hands? ♪ denise! you've lost weight! it's just all these giant things make me look small. i eat this fiber one yogurt.

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there will be a bipartisan plan to overhaul the health care system. the question is will it have enough support for serious consideration? senate finance committee chairman max baucus says he and five members of his panel will unveil the plan tomorrow. the three democrats and three republicans have been negotiating for month now. republicans won pretty huge concessions. plan will have no government-run insurance program. >> i think there's a growing

sense of inevitability this bill is going to pass. more senators want to vote for health care reform that passes than not, and they're hearing from people at home and know the costs are going up at too rapid a rate. republican senators and democratic senators together want to find a way to support health care for them. now, there's some on the certain side of the aisle that don't. many do. >> several committee democrats say the proposal doesn't give enough help to families that can't afford insurance. republican members are pressuring gop members to vote against the bill they helped draft. bad news for smokers looking to light up in one of new york city's hundreds of parks, playgrounds, recreation areas, beach. officials are looking to ban smoking in parks and beaches. the city's health commissioner says new yorkers shouldn't have to tolerate second-hand smoke even outside and children shouldn't have to ever see people smoking. the plan may require city

council approval. taking your views on this. because you have very strong opinions about this. should smokers not even be allowed to smoke outside anymore? some think the proposal is too much. we want to get a lot of views here. lori is calling us from lauderdale by the sea, florida. okay, lori, you have the floor. >> caller: i think it's a sin that they smoke and they throw the cigarette butts everywhere. the birds get them. the -- i live in lauderdale by the sea and the beaches -- the big gulls come down and get them and every stop light you stop at, look out the left window at the curb, it's loaded with cigarette butts. >> lori, would you like to see this -- i know this is new york city. would you like to see this kind of ban where you live? >> absolutely. i'd like to see it everywhere. they should be responsible for the dirt. when they do use the cigarette

ashtray in their car they emt itty it in the parking lot. >> miss lori is tired of the miss. wyoming, carl is calling us with his view. what do you think? >> caller: i agree, should be responsible with your trash. it is yours, but i do believe that it is discrimination against smokers. we're already taxed enough on the cigarette prices, and a city like new york city, you've got to think, there's for pollution and more carbons in the air. walking out. is second hand smoke that bad in the open air? >> someone else actually made that argument again today that there's a lot of other things in their opinion in the environment that are more sbrunsive to you than someone smoking next to you at the park. we've heard that before. thank you for your phone call and point of view. lots of comments on my facebook page. search richelle carey, hln on facebook and join the group, join the discussion. shana wrote -- people better leave my right to smoke outside alone or i'm going to start

lighting up in non-smoking establishments as a propest. this is wrong. plain and simple. kind of ticked off. michelle says as a smoker i try hard to be considerate of nonsmokers. i understand banning smoking in a public place that has no ventilation. we're talking about outside. i can't smoke in my own home, outside, et cetera? a lot of people think this is going too far. if smoking is so bad and the government knows this why don't they shut down the tobacco industry? that's where you need the government to step in. banning here and there is annoying, to shut the whole industry down. wow. den these wrote this. first, we, yes, i am a smoker, are forced out of the bars and restaurants and now they want us to not smoke outside? if big brother doesn't like us smoking make it illegal already and leave us alone. thanks for your passionate views on this. overwhelming majority of you think it's going too far. not everybody thought that.

thanks for your e-mails, calls, facebook comments. prime news starts at the top of the hour. lots of debates. check them out at cnn.com/primenews. fallout from kanye west's outburst is reaching all the way to the white house. one reporter who overheard ! president obama's reaction to te that, well, that reporter's apologizing himself now. absorb ten times more, like a pad but feel thin and comfy, like a liner. new carefree® ultra protection™ progresso. your chicken tuscany says it has fiber in it. yep. four tasty new soups with 28% of your daily fiber. but i like this chicken tuscany., i like it too. but it has fiber in it. that's right. fiber? yeah. but i like it. (announcer) progresso. you gotta taste this soup. 90s slacker hip-hop. ♪ that can strain your relationships and hurt yourody 'cause pu'pride ♪ng a ride ♪ it's the credit roller aster ♪ ♪ and as you can see it kinda bites! ♪ ♪ so sing the lyrics with me: ♪ when your debt goes up your score goes down ♪

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was fired near the highly fortified green zone in baghdad today. the same day vice president joe biden made a surprise visit to the iraqi capital. the vice president was not hurt. no word on any injuries or damage. baghdad talks with iraqi and kurdish leaders. will meet with u.s. troops. his third trip to iraq this year. hearing lots of opinions about the economy lately. more opinions count more than others. ben bernanke offered his updated view today. alison kosik in new york with that and the trading details of the day. >> fed chairman ben bernanke jumping on the bandwagon saying the recession is essentially over but warns despite growth in the u.s. economy, unemployment will remain high. >> even though from a technical perspective the recession is very likely over at this point,

it's still going to feel like a very weak economy for some time. >>er be thankbernanke says the will be moderate. dow industrials ended at 9,683. s&p 500 gained a third of a percent. many economists said the recession is over, bernanke's comments helped to lift the market which had been lower before he spoke. stocks got a boost from a better than expected report on retail sales. sales last month rose almost 2.7%. most of the gain came from car sales. enyou take out those figures sales increased by more than 1%. kanye west called taylor swift after her appearance this morning on "the view." we're told he apologized to her for the little outburst on stage during her acceptance speech at the mtv music awards.

that's the word from the representatives who say taylor accepted the apology. last night kanye west kicked off the apology tour on "the jay leno show." >> i want to give and do something that i felt was right and i immediately knew in this situation that it was wrong and it wasn't a spectacle, you know, it's someone's emotions, you know, that i stepped on. it was very -- it was just rude. period. and, you know, i like to be able to apologize to her in person. >> when did you know you were wrong? was it afterwards, as you were doing it? when did it strike you, uh-oh? >> like, as soon as i gave the mike back to her and she didn't keep going. >> also asked kanye west about what he thought his mother would say. it caused him to get really emotional because his mother

died in 2007. there's another little side note to this. tweet by an abc reporter is raising questions about how much privacy the president can expect in days of instant information. nightline co-anchor terry moran overheard a talk between president obama and a crew on cnbc. he fired this off on twitter. it says, president obama just called kanye west a jack ass for his outburst at the vmas when taylor swift won. now, that's presidential. this tweet went out to a million followers. abc apologized saying moran tweeted prematurely. the president made the comments while getting ready for an interview with cnbc. reporters honored an unwritten rule that chats like that should be kept private. you may not get to see what some are calling the best movie of the year, it's been shown all around the world but not in the u.s.

>> can no longer claim to have offered every species in under a week. you've killed god, sir. you have killed god. >> or to put it another way. >> "creation" details charles darwin's trouble with his faith. he wrote on the origin of the species, theory of evolution. many christian websites denounced the oscar nominee. see seems distributors in the u.s. -- polls show 39% of americans believe in evolution. distributors are stake away from the movie. darwin, himself, was reluctant to believe in evolution. >> he was a social conservative who had this revolutionary idea. it frightened him. it didn't sit well with him but he couldn't stop seeing it everywhere, he wrote in a letter it feels like confessing to a murderer. >> yesterday britain's prince william helped launch the new darwin center at london's natural history mu dean.

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and all of us are teachers. we're bound by duty and the right now, the house is t considering censuring nd congressman joe wilson of south carolina. he actually spoke, took the floor just a moment ago. i think we have sound of that we're going to play right now. >> this action today will have done nothing for the taxpayers to reign in the growing cost and size of the federal government. it will not help more americans secure jobs, promote better education, ensure retirement or reform health insurance. it is the democrat leadership in their rush to pass a very bad government health care plan that is bad medicine for america.

it has muzzled the voices we represent and provoked partisanship. when we are done here today we will not have taken steps closer to helping more american families afford health insurance or helping small businesses create new jobs. the challenges our nation faces are far bigger than any one member of this house. it is time we move forward and get to work for the american people. i yield the balance of my time. >> that was representative olson basically saying this is not about the outburst on the flooro last week. that is a representative -- representative clyburn speaking now. wilson, of course, the republican who yelled "you lie" during the president's speech. again, they're taking care of this right now in the house. they've asked wilson to apologize again, though he already apologized to the senate. they want him to apologize on the house familialoor.

steny hoyer spoke making his argument on the floor. this is majority whip james clyburn make his argument for io as well. top democrats say the outburst is a breach of congressional decorum and representative wilson taking to the floor a minute ago trying to defend himself. we'll keep you posted on that. now in ohio a team of prison volunteers trying to execute a convicted killer but after two hours of searching they can't find a vein where they can inject him with lethal chemic chemicals. 53-year-old ramal broom was scheduled to die this morning. a last-minute appeal delayed the procedure four hours and since then the prison volunteers have been unable to attach the i.v. that will pump a deadly combination of drugs into his body. he was condemned for the 1984 rape and murder of a 14-year-old girl. police in california searching the home of phillip and nancy gra reed doe in antioch, the couple accused in the rape and kidnapping of

jaycee dugard, looking for what evidence they think could link the garridos to two other unsolved abductions in california. dating back to the 1980s. 13-year-old iilene misheloff missing for 20 years. similarities between the car found on their property and one witnesses reported seeing misheloff getting into the day she vanished, abducted the same year as jaycee dugard. >> cannot say the garridos are with certainty suspects in this case certainly we've been unable to eliminate them as suspects in the case. phillip garrido was not in custody at the time of iilene's disappearance and had been released a few months prior to iilene's disace peerns. >> investigators are looking into the disappearance of michaela garecht, 9 when snatched from outside a grocery

store in 1988. with holding the cause of death in the investigation into what happened to annie le at the request of prosecutors. 24-year-old yale graduate student's body was found stuffed in wall in a research building's basement sunday. she'd been missing for five days. witnesses say several police offers are at the home of the yale animal research technician who apparently worked with her. police have a lot of evidence in this case and it is clear to them it's not a random act. they don't believe any students were involved. the building where le was killed is only accessible to yale students and yale employees. the school president is saying the police have narrowed the number of suspects because security systems who entered the building and at what time. hundreds of students at yale attended a candle light vigil last night in memory of le. a moment ago i spoke to a student about how people on campus are reacting to the case

and also her thoughts on that vigil. >> it was very somber. at the same time it was beautiful. president levin spoke to us, the chaplain and one of her roommates. you're right. i don't know annie personally but i know that i definitely teared up and several people around me did as well. for me it was beautiful to see the yale community come together. at the same time we're all releasing frustrations and anger and sadness we have. >> let's talk about your frustrations and what campus is like today. i realize police have tried to make it clear, keep saying they don't think this is a random act. are you as a young woman on campus and some of your friends, are you uncomfortable? how do you feel on campus now? >> i mean, there seems to be -- it's like an air of shock. we're all kind of scared. when we first found autoout ann was missing a lot of people thought, hard to happen in new

haven. when we learned her body was found inside a yale building -- we've been preached to it a lot. we're all still scared and waiting for answers. >> parents were concerned as well. you're telling me you and other students have to do the same thing, call home and tell their parents you're okay. >> that's one of the biggest issues. i would definitely see that as a bigger plight amongst the freshmen who got here on campus many weeks ago. many parents are worried. calling in speaking to deans and masters seeing what the area is like. >> what do you all need to happen next for you all to start feel okay? >> i think it's definitely, you know, for them they pinpointed the suspect, to have that person taken in and also for us to kind of know -- we want answers. we want to know what happened and why. it's shocking and unbelievable and i think that's the biggest thing.

until, like, we find out what happened there's still going to be an air of uncertainty. >> thanks to leeann for taking the time to talk to us. she's beginning her second year at yale. hollywood is mourning the death of actor patrick swayze. he died yesterday. had a long fight with pancreatic cancer. he's 57 years old. he played the romantic leading man in the movies "ghost" and "dirty dancing." ♪ >> slow down. >> recently, swayze was in the tv series "the beast," but it was canceled in june because his cancer was getting worse. >> it's a sad night and he was a

very lovable, dear, accomplished person and he did as much as anybody could. he fought a very brave fight. i'm sorry he had to lose it. >> i-reporters have been sending in their thoughts, condolences on patrick swayze as well. here's some of that for you. >> i never knew him personally. i watched him on the big screen. there were several movies that come to mind. "road house," of course, "point break." "dirty dancing," obviously and "ghost." >> he always came out, gave 100% in his movies, even some of the earlier movies such at "the outsiders," "red dawn," there was an intensity about him. >> he could be anything to anybody and still be a graceful, strong character. he'll be missed. my condolences to the swayze

family. i am so sorry for your loss. >> if you'd like to share your thoughts on patrick swayze, two to ireport.com and click on the upload now link. kanye west called taylor swift after she was on "the view" this morning. he called to personally apologize for his outburst on the stage. during her acceptance speech at the mtv video musing awards. everybody's been talking about it. that word came from "the view" representatives who say taylor accepted the apology. last night kanye west kicked off the apology tour on "the jay leno show." >> to meet your mom and talk with your mom a number of years ago, what do you think she would have said about this? you okay?

would she be disappointed in this? would she give you a lecture? >> yeah. you know, obviously, you know, i deal with hurt and, you know, so many, you know, celebrities they never take the time off. i've never taken the time off to really, you know, just music after tour and tour after tour. i'm just ashamed my hurt caused someone else's hurt. >> his mother died in 2007. cities are driving smokers outdoors. there's bans on cigarette smoking in public buildings, a lot of them. you know that. now new york wants to ban smoking outside as well. some public places. we're going to share your views on that idea, next. ♪

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we have this update in to hln, update on a story we brought you a few minutes ago. officials in ohio have delayed the excuse of a convicted killer because of trouble finding his veins. after two hours of searching, the team that's supposed to carry out this execution couldn't find a vein to inject him with these lethal chemicals. this convicted kill is 53-year-old ramel broom, scheduled to die this morning. a last minute appeal delayed the procedure by four hours. after problems with attempts to execute him today, his lawyers filed another appeal saying the execution is not being carried out according to the state constitution. broom was condemned for the 1984 rape and murder of a 14-year-old girl.

pretty bad news for smokers in new york city. officials are looking to ban people from lighting up at public marks and beaches. new yorkers shouldn't have to tolerate second hand smoke and even more than that he says that children have to see people smoking. new york city has hundreds of parks, playgrounds, recreation areas. this plan may require city council approval. this is the your views topic of the day. we want to read comments off my facebook page. go to richelle carey, hln and facebook. join the discussion. boy, did you dive in today. this is what whitney wrote. i see both sides of this. allergic to smoke and having a parent to smoke. smokers should realize it's their chance to smoke and nonsmokers choice to not smell and breathe it. our nonsmokers have to realize it's nice to them, like the bowl of ice cream we'll have after dinner tonight.

james feels this way. why doesn't the government get on the beer drinkers alone? drinkers ruin families lives with drinking. ive us smokers a break and pick on someone else for a while. thank you for sharing your views. we appreciate it. how much do we know really about cell phones and radiation? possibly links between the devices and cancer have been floating around for years. a senate subcommittee is tackling this debate head on. cnn.com live has more on this now. one of the stories getting a lot of attention on the cnn.com website today. we've been hearing this talk for a long time, nicole. do we have real answers yet? >> we have a real question. we know the question that everybody wants to know. does cell phone usage actually yield cancer? and the answer, richelle, as you

might imagine, is more complicated. that is what the senate subcommittee is trying to tackle right now. they're basically saying that there's no definite proof linking cell phones to cancer, but they can't rule out a link either, so they're basically advising caution. big reason, richelle, that they can't determine a conclusive link is, think about it. we haven't used cell phones as much as we do these days for ten years, even, so we can't have a long-term study to take a closer look at this. they did note there is a koorllation, though, to where you put your cell phone on your ear to where these tumors start to form in one's brain. they are also advising specific caution for kids and those with thinner skulls. they are saying that that can make you more vulnerable to radiation emission. i done know if i have a thin or a thick skull. i don't know how one actually

determines that. >> too many jokes there. >> cnn.com/health. i have a thick head, what can i say? >> not you, personally, sweetie. some people do throw around, you have a thick skull. >> this could be a good thing. >> it could be a good thing because it's a serious topic. a girl claims her father threatened to kill her for converting to christianity. a police report on the o allegation has been released. a we'll tell you what's next in that case.d responsibility, is to make sure customers understand the value, that they're getting from our products. you know, really get them the right credit card for them. we want people to be in a better place financially, tomorrow than they are today. i think it's just really paying attention and listening to the customer more than we ever have done before. so, we really what we are doing now is making more of a welcome call to say,, "here's your new credit card account, here are some things you want to know about it, and welcome to the bank.",

few minutes away we'll be checking in with "prime news." mike is here with a preview of what is coming up at the top of the hour. we were expecting to get for information today into the investigation to who killed annie le. police are kind of holding off a little bit. >> they are holding off. we were expecting autopsy results. we're going to have breaking news for you. stick around for that. the base questions, richelle, are this. who had access? who could have had access to annie le? also in the midst of that, motive.

described this likable young woman said to be married this past sunday, the day her body was found. we'll take your it at 1-877-tel. another story we continue to follow, kanye west, we know he had the rude outburst, destroying taylor swift there accepting her award. last night on "the jay le leno show" we see emotion and credit jay for bringing up his late mom who he was close to, what do you think, apology enough, was it sincere? we'll take your calls on that 1-877-tell-hln. how about this, the economy how is it doing and when we'll be on solid footing. ben bernanke saying the recession is over. hey, great. like that. maybe not like thamplsts maybe not like that. >> we were hoping. >> nice to hear. >> it sure was, when he talks like the old e.f. hutton commercial people listen and markets listen. we'll bring in ali velchi and chris murkowski, watchdog on

wall street and let them hatch it out. i want to hear from you, are things better for you financially? help me out. call up 1-877-tell-hln. e-mail cnn.com/primenews or text us, coming your way nine minutes now. >> thank you, mike. an update on this story. police say no evidence a runaway teen was threatened by her father for converting from christianity to islam. the 17-year-old ran away from her home in ohio to a church in florida claiming her father said he would kill her. police investigation found no clear evidence of the father's alleged threats or abuse and next week the parents' attorney will ask the court to dismiss that case. president obama says his administration's actions stopped the freefall in the economy and set the stage for recovery. the president delivered that message to union workers in ohio and pennsylvania today at an ohio car plant and defended the government's loan to lawmakers and said the cash for clunkers program was a success allowing gm to re-call 150 employees laid

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