Skip to main content

tv   Up to the Minute  CBS  November 3, 2015 2:07am-4:00am CST

2:07 am
expects 10 million people will be enrolled in insurance exchanges by the end of 2016, but that's way down from original estimates of 21 million. >> julianna goldman in the washington newsroom tonight. julianna, thank you. the "cbs overnight news" will be right back. almost sixty million americans are affected by mental illness. together we can help them with three simple e rds. my name is chris noth and i will listen. from maine to maui, thousands of high school students across the country are getting in on the action by volunteering in their communities. chris young: action teams of high school students are joining volunteers o oamerica and major league baseball players to help train and inspire the next generation of volunteers. carlos pea: it's easy to start an action team at your school
2:08 am
get in on the action at actionteam.org. 'cause you'll be in my heart yes, you'll be in my heart from this day on now and forevermore... narrator: if animals arere our best friendsds shouldn't we be theirs? visit your local shelter, adopt a pet. you'll be in my heart no matter what...
2:09 am
if@you were a hippie in the '60s, you need to know. it's the dawning of the age of aquarius. yeah, , d something else that's cool. what? osteoporosis is preventable. all: osteo's preventable? right on! if you dig your bones, protecthem. all: cbs cares! in a major change of policy, medicare will l w pay for end of life counseling for terminal patients. and our doctor jon l look has more on this. >> reporter: amy berman is a former nurse who works at a health policy foundation. so five years ago when diagnosed with a rare form of breast cancer she knew to do her homework. what did you find?d? >> it's the worsrsform of breast
2:10 am
cancer to get. nobody survives it. >> when your doctors first discussed your treatment plan, did they ask you what do you want? >> one doctor was perfection. she said we can try to hold back the cancer but not do things that are unnecessary. i went to another dr. and this other doctor wanted to do the complete opposite kind of care, wanted to throw everything at the cancer, even though it wasn't going to change the outcome. >> reporter: berman chose only those treatments tt ease pain. >> i really wanted to focus on living the best possible quality of life. >> reporter: dr. diane meyer directs the center to advance palliative care, an emerging field of medicine that addresses a patient's quality life. >> at the outset of a serious illness it's very important to talk to patients and families about what they can expect. what is the natural history of this disease coursf, what is the time frame. >> reporter: now that medica will reimburse d dtors for advance care planning and end of life discussions, there should
2:11 am
discussions. >> without those conversations somebody else is making all the decisions for us. >> and for you that was less aggressive care. for somebody else it might be more aggressive care. >> right. it's whatever it is that that person is hoping to do for their own health. >> reporter: the cancer has spread. but berman is continuing to work and play, livinghe best life she possibly can. studies suggggt patients who care that focuses on quality of life and pain management have fewer hospital and office visits and may even live longer. >> dr. jon lapook for us tonight. jon, thank you. the supreme coururheard arguments today in the case of a black man sentenced to death in georgia for murdering a white woman. at issue is whether the blacks from the jury. here's o o chief legal correspondent, jan crawford.
2:12 am
>> reporter: timothy foster's jury was all white, but prosecutors denied racial bias when they struck#every african-american from the pool of prospective jurors. then ten years agogoefense attorneys unearthed the prosecutor's notes. >> what we really found was an arsenal of smoking guns. penalty attorney steven bright >> the notes were shocking in terms of just how explicit the racial factor was. reporter: the names of the potential african-american jurors were highlighted, and in this list of possisie jurors titled "definite nos," the top five people were black. in the supreme court monday georgia's deputyttorney general argued prosecutors h h valid reasons for excluding african-american jurors in the 1987 trial, and it flagged the black prospective jurors to make sure they were following new supreme courguidelines handed down in a lalamark 1986 case to
2:13 am
jury selection. but a majority of the justices appeared skeptical. liberal justice elena kagan said the case seemed as clear a violation as the court is ever going to see of the court's 1986 guidelines. conservative justice samuel alito, a former u.s. attorney, also seems troubled,sking "what about the giving a reason for dismissing one juror that she was close in age to the defendant? she was in her 30s. he was 18 or 19." now todadasome 30 years later anti-death penalty groups say that racial discrimination in jury selection may be less obvious but it still persists. scott, the court in this case is unlikely to address those bigger concerns. >> jan crawford at the supreme court tonight. jan, thank you. we have been searching at the broadcast for solutions to gun violencecen our series
2:14 am
recently we brought you the view of a gun rights advocate, larry pratt of gun owners of america. tonight another perspective and another voice. >> my name is kai kloepfer. i'm an 18-year-old innovator from boulder, colorado and i spent the last three years of my life developing a smart gun that only works for the owner. the e art gun works by identifying the user's fingerprint before the firearm is able to fire. this means that when a child finds an unsecured firearm in the house and picks up -- picks it up and starts to play with it it doesn't turn into a a fe-altering accidentnt it all started for me with the aurora theater shooting. living in boulder, colorado the theater in aurora where that shooting occurred is only 45 minutes away from my house and was something that deeply impacted not only me but the colorado community as a whole. the smart gun technology that i've developed is very secure. the fingerprints are stored on the firearm and encrypted using
2:15 am
military-grade technology. the next main step for me is to take thax technology and move it to an actutu metal live firearm. throughout the course of my research into accidental shootings and deaths in the united states, i learned that every 30 minutes in the united states on average a child dies or is injured by a firearm. a technology like this can legitimately save thousands of lives every single year in the united states. and i'i'in a position to make that possible. >> the view of kai kloepfer. still ahead on the broadcast, it was one of the craziest endings in football. how the refs blew it. how fred thompson helped bring down law and order on a president who broke the law. and what happened after the cabbie got clobbered. the "cbs overnight news" will be right back. (laughs) that's fun...that is fun.
2:16 am
it's already dry! it dried right away. it doesn't feewet at all righthtow. no wait time. this is great. my skin feels loved. it's very soft. there's no white stuff. it does the moisturizing for me. it's everything i love about dove. can i keept? (laughs) all the care dove... ...now in a dry antiperspirant spray. i will live the life of now with the skin of then olay total effects vitamin-enriched. to fight the 7 signs of aging. in 4 weeksks skin looks up to 10 years younger. 7 in 1 from the world's #1
2:17 am
geicmotorcycle,
2:18 am
video replays were supposed to end bad calls by referees. mark strassmann reports that did not happen when duke played miami saturday night. let's go to the video. >> reporter: you're watching a robbery in progress. miami had received the last-mine kickoff trailing duke by xhree points. time expired as hurricane players lateraled the ball eight
2:19 am
eight. for the winning score. a final play for the ages. >> can you believe what you just saw? >> reporter: but the refs blew it. >> the play is still under review. >> reporter: they huddled with a replay official for nine minutes. >> it's a legal playay touchdown. game is over. >> reporter: miami's miracle was a mirage. hurricane player mark walton lateraled the ball with his knee touching the ground just a few feet away from an official. duke coach david cutcliffe. >> i thought the guy was down and i said pictures will prove me right. >> reporter: look closer. knee down, play over, game over. the atlantic coast conference, or acc, agreed. "the lt play of the game was not handled appropriately." it also ruled the now suspended officials had missed four calls
2:20 am
so duke wins, right? wrong. dan wolken covers sports for "usa today." >> there is currently no meanism in the ncaa rulebook to overturn the result of a game in this circumstance. once everyone leaves the field and the officials declare the game over, it's over. >> reporter: which is why duke fans will alwaysee this stadium as the scene of the crime. mark strassmann, cbs news, atlanta. the vw emissions scandal
2:21 am
that's next. today the epa said it has discovered cheating software on
2:22 am
these include the 2014 vw touareg, the 2015 porsche cayenne, and 2016 audi quattro. the fraudulent software reduces emissisis when the cars are e tested but allows emissions to grow to nine times the legal limit when no one is looking. there's a full list of the models at cbsnews.com. an assault on an uber driver in orange county, california was captured on video, and mireya villarreal is following this. >> let me tell you something, you little [ bleep ]. [ bleep ]. >> reporter: this is what happened during ubub driver edward caban's last ride on friday night. he had just asked this apparently drunk passenger to get out of his car. >> it was terrifying. i just got blows to the side of my head. and i'm, you know, fumbling with the pepper spray. >> [ bleep ]. you [ bleep ]. [ bleep ]. >> reporter: passenger benjamin d% golden, a marketing executive for taco bell, was arrested by costa mesa police and charged
2:23 am
conduct. taco bell fired him tonight, saying it "offered and encouraged him to seek professional help." caban pipied the 32-year-old passenger up from a bar. from the beginning he says the man was belligerent and refused to give him a drop-off address. >> i don't feel like he would have stopped if i didn't spray him. the way that he was coming at me. i was afraid he was going to start stranglingnge. >> get out of my car. >> sir -- >> get out of my car or i will call the police. >> reporter: it appears golden is about to leave. >> let me tell you something, you little [ bleep ]. >> reporter: when riders sign up for uber, theyeygree to a code of conduct. uber also has a ratings system for riders designed to keep drivers safe. >> i definitely don't plan on driving for uber anymore. you know, i'm oking for a job rjght now. >> reporter: uber would not tell us how many other drivers have faced similar incidents. they would also not share anything on their safety procedures. but scott, we did find out benjamin golden has been banned for life. >> mireya villarreal in los angeles.
2:24 am
remembering fred thompson, next. woman: what does it feel like when a woman is having a heart attack? chest pain, like there's a ton of weight on your chest. severe shortness of breath. unexplained nausea. cold sweats. there's s unusual tiredness and fatigue.e. there's unfamiliar dizziness or light-headedness. unusual pain in your back, neck, jaw, one or both arms, even your upper stomach, are signs you're having a heart attack. don't makekexcuses. make t t call to 9-1-1 immediately. learn more at womenshealth.gov/heartattack. bipolar disorder is a brain condition that causes unusual or dramatic mood swings. it affects millions of americans and compromises their ability to function.
2:25 am
can be effectively treated by mood stabilizers. bur most people with bilar disorder suffer for years without help because the symptoms are missed or confused with other illnesses, like depression. learn how easily you can help keep this om happening to a loved one.
2:26 am
fred thompson died yesterday of cancer. the lawyer turned actor, politician, and tv pitch man was 73, and nancy cordes remembers.
2:27 am
>> reporter: the year was 1973. thompson was 30 and serving as chief counsel to republicans on the senate watergate committee. he was the first to reveal in a televised hearing the existence of secret white e use tapes. >> are you aware of any devices that were installed in the executive office building office of the president? >> yes, sir. >> reporter: thompson, a loyal republicananlater said he had assumed the tapes would prove e that president nixon did nothing wrong. instead the tapes documented crimes and cover-ups and led to nixon's resignation. > shall resign the prpridency effective at noon tomorrow. >> reporter: thompson's transition to acting was accidental. he was asked to play himself in a 1985 movie about a corruption case he won in tennessee. it turned out he was a natural. >> things are liable to get a little dicey around here. >> reporter: but thompson missed public service and ran for the senate in 1994, representing
2:28 am
tennessee for nine years. in 2007 he set his sights even higher. >> i'm running for p psident of the e ited states. >> all right! there you have it. >> reporter: he was seen initially as the man to beat. but voters noticed he seemed ambivalent. even thompson joked out it with us on the trail. >> are you s se you have the fire in the belly to do this? >> i have the fire in the belly. >> all right. >> reporter: he dropped out rly and may have beem miscast for that role. >> when under r tack circle the wagons. >> reportete but will be remembered for so many others. nancy cordes, cbs news, washington. and at's the "overnight news" for this tuesday. for some of you the news continues. for others check back with us just a little bit later for the morning news and of course "cbs this morning."
2:29 am
york city, i'm scott pelley. >> announcer: this is the "cbs overnight news." welcome to the "overnight news." i'm jericka duncan. former florida governor jeb bush is shakiki up his campaign again, trying to claw his way out of the pack for the gop presidential nomination. he ueiled a new campaign slogan, "jeb can fix it." wellllbush needs to fix itit quick. the latest cbs news/"new york times" poll shows him stuck at just 7%, trailing ben carson, dona trump, and marco rubio.
2:30 am
bushas already cut the salaries of campaign staff andnd says starting today he'll be spending more time in the early voting states of iowa, new hampshire, and south carolina. the republican debates haven't been kind to bush. both he and most of the other gop presidential hopefuls are now demanding changes to the debate format. major garrett reports. >> reporter: good morning. the rnc pushed aside its lead debate negotiar and gave the job to its current chief operating officer and former top attorney. after the cnbc debate gop presidential campaigns wanted a pound of flesh. now they have it. that and leverage to change future dates. almost all republican presidential campaigns sent advisers to the debate strategy session. they emerged united in driving a harder bargain with the tv broadcasters. barry bennett withthen carson's cacaaign said the republblan national committee will not call the shots. >> the rnc has sanctioned eight more debates. what we're doing is asking those sanctioned brobdcast partners to
2:31 am
give us some information so we can talk with them and decide what the f fmat is. >> reporter: the campaigns will push for guaranteed opening and closing statements and commitments to distribute questions more evenly. ben ginsberg, a long-time rnc legal adviser. >> now it's time to make a course correreion. >> 15% still leaves you with a $1.1 trillion hole -- >> reporter: candidates like carson say they want cstraints on debate moderators. >> we should have moderators who are interested in disseminating the informatatn about the candidates as opposed to, you know, gotcha. you did this. and defend yourself on that. >> reporter: as for defendinin jeb bush aftererhree mediocre debates has had to do plenty of it. >> i'm a grinder. i mean, when i see that i'm not doing something well, then i reser and i get better. >> repepter: bush tried unsuccessfully to get the better of ally turned rival marco rubio by attack dozens of senate votes missed while campaigning. a topic bush won't let go. >> i think he's given up.
2:32 am
thing to do. >> reporter: back to the debates. the campaign said there simply isn't enough time to incorporate all the desired changes into the novemberer0th debate on the fox business channel. there will, however, be longer -- there will be time for longer answers, norah. 90 seconds instead of 60. the debate format hasn't hurt marco rubio's campaign. in fact, it is helping him surge. a poll of likely republican primary voters in new hampshire shows rubio at 13%, up from just 4% in september. donald trump remains in the lead with 26%, and ben carson has 16%. rubio discussed his campaign with john dickerson of "face the nation." >> in 2008 republicans running, talking about the democrats that were running, there were some senators running, barack obama, hillary clinton. constantly i heard republicans say they've never run as much as a lemonade stand, they don't have executive experience, they haven't met a payroll, they haven't governed. why doesn't that apply to you now as a candidate -- >> well, fst of all, the presidency's not a bookkeeping job. i mean, it is not some glorified
2:33 am
accounting job. it's the leader of the united states both of its people and of the nation and the government. the job of a president is to craft a vision for america's in the right position and hold them accountable for carrying out your agenda, but also to rally the country behind big causes. entitlement reforms a huge undertaking. it will never happen without presidential leadership. not to mention national security. throle of commander in chief is the most importananjob of a president. in the context of barack obama he has now been president for seven years, he has significant executive experience and he's still making mistatas in my opinion, so it's clear that the issue with him is not that he didn't have executive experience. it's that his ideas did not work. and that's why i think it's important to elect someone to the presidency with the right ideas, ideas that allow the private sector to succeed because that's where you get job creation and economic prosperity, but also someone that understands the risks in the world today and what america's role in the world needs to be. >> but i guess when -- and this is obviously something your
2:34 am
opponents are bringing up. jeb bush has said in a fund-raising appeal, he says you have no credible experience beyond governing. i guess the question is have you been in a position where you've d to make tough calls, where there are real consequences, and where do you get that strength from? if you were to make the presidency where you'd be in those kind of decisions all day long. >> it is true that the presidency's not l le being a u.s. senator. but it's also not like being a governor. there is no office in the world like the united states presidency. what i have shown over the last five years especially is judgment, good judgment, and understanding of the major issues before america, particularly on foreign policy. i do not believe there's anyone else in this race that has shown better judgment on the issues before america today than i have and a better understanding of them, especially on the foreign policy realm, which is at the end of the day the most important obligationonf a president. presidents don't run the economy. what you do is promote policies that allow the private sector to succeed. >> the bush campaign called you the republican obaba. is that an insult oror compliment? >> well, i don't think they mean it as a compliment. i certainly wouldn't take it as that. look, campaigns are going say
2:35 am
whatever they think gives them an a$vantage, and obviously someone has convinced jeb that attacking me is going to help his campaign. it won't change the way we run we're going to continue to give people a serious candidacy that's optimistic but also realistic about amica's future, about ourhallenges, about the direction our country needs to go. that's what i'm going to focus on. as for the democratic presidential debates, cbs news will be hosting the next one in des moines, iowa. that's november 14th at 9:00 p.m. eastern. both washington and hollywood are mourning the death of fred thompson, the politician turned actor died sunday from a reoccurrence of lymphoma. he was 73. charlie rose has his story. >> state workers' compention systems are based on decades of experience and careful deliberation. >> reporter: fred thompson spend much of his life in commanding roles, in both washington -- >> you call me harry one more time you'll be busting counteteeiters in alaska. reporter: -- and hollywood. born in alabama, he became an assistant u.s. attorney in
2:36 am
attention in the 1970s as chief republan counsel for the senate watergate committee. >> are you aware of any devices that were installed in the executive office building office of the president? >> yes, sir. >> reporter: after serving as a successful lobbyist r several years, thomp_on made the move to the big screen. >> pack them and rack them. move. >> reporter: playing government officials and authority figures. >> senior captains don't start something thisangerous without having thought the matter through. >> reporter: in 1994 he wawa elected to the senate and served eight years. >> who's your trial judge? >> reporter: in 2002 he became a district attorney but this time for television's hit show "law & order." >> you know, one day this chair's going to be empty. >> i'm no politician, arthur. >> yeah. everybody says that. >> reporter: thompson took a break from acting in a short-lived run for the 2008 republican presidential nominationn
2:37 am
i spoke with him on my pbs program. >> so why put yourse through this? >> i think i is time i stepped up again. at a time whenen can do it frfrly and openly and be myself and do things my way, which i've been roundly criticized for, and just basically say this. this is the guy i am, i've always been. i've been on@the public stage since i was 30 years of age.e. ananwhat you see is whatatou get. the cbs overnight news will be right back. you get used to the funk in your man-cave. you think it smells fine, but your wife smells this... sfx: ding music starts luckily for all your hard-to-wash fabrics there's febreze fabric refresher it doesn't just mask, it eliminates odors... ...you've gone noseblind to woman inhales use febreze fabric refresher till it's fresh and try pluggable febreze... ...to continuously eliminate odors for up to 45 days of freshness pluggable febreze and fabric refresher two more ways [inhale + exhale it's j jgment day. back seat chefs peer inside your oven. but you've cleaned all baked-on business from meals past with easy-off, so the only thing they see is
2:38 am
that beautif bird. go ahead. let 'em judge.e. guys listen up! jake, put that down point it at the ground til your ready that's not the ground leo put that down when your day goes on and on, you need8 hour odor protection that goes on c car for no white marks.
2:39 am
president obama is calling r a new program to help released convicts ease their way back into society. the president visited a drug treatment center in newark, new jersey, calling for job placement, housing assistance, and mental health services for those recently released. it comes as thousands of non-violent drug offenders are bebeg set free from fededel prisons to ease overcrowding. justice correspondent jeff
2:40 am
pegues has details. >> this is about as far r i can go. >> reporter: after being in a halfway house and under home arrest for five months, 50-year-old michael higgins became a free man. the former public school teacher served ten years in federal prison forealing meth and ecstasy. >> i was released two years early, and i am so grateful for that. >> reporter: he's one of some 6,000 federal inmates to be granted early release under a u.s. sentencing commission program. in 2014 the commission voted to cut jail time for some non-violent drug offenders. the average 10 1/2-year prison sentence is being reduced by two years. thisrogram is part of a a bipartisan effort totoeduce the federal prison population, which has grown to more than 200,000 inmates. also being addressed, evening out sentences for those caught with crack as opposed to powder cocaine, and loosening so-called mandatory minimum sentences. critics say both practices have led to high incarceration rates
2:41 am
kevin ring represents families against mandatory minimums. >> congress has decided over the last 30 years to spend billions of dollars locking up non-violent low-level offenders. so we've s sfted our resources to locking up drug dealers and offenders who can be treated in other ways and with shorter sentences. >> reporter: but some sheriffs and police chiefs disagree, arguing that the mass release comes without a proper safety net for the former inmates. >> this is all going to be dropped into the lap of the american police. >> reporter: new york city police commissioner bill bratton. >> we're letting them out of jail. the treatment's not there. job training's not there. housing for many of them's not there. >> do you feel like your concerns have been heard at the federal level? >> no. >> reporter: the sentence reductions are not automatic. federal judges are required to carefully consider whether there is a thrhrt to public safety. so far judges have denied about 26% of the total petitions that
2:42 am
jeff pegues, cbs news, new york. in san francisis bay some alumni of the infamous alcatraz prison held a reunion. bill geist took the boat over for "cbs sunday morning." >> good morning, everyone. welcome aboard the alcatraz -- >> reporter: alumni of a renoed san francisco institution recently cruised to a rather remarkable reunion. >> you guys never bumped into each other at other facilities? >> no. we met here. >> reporter: on the isle of alcatraz. >> most of us were hardheaded crinals. we were convicts we came here hardheaded, and we left the same way. >> reporter: former guards, inmates, and their families were invited to return ^o the fabled prison. >> welcome to the rock. >> reporter: celebrated in a dozen or more films and once
2:43 am
capone, george "machine gun" kelly, and of course robert stroud, the bird man of alcatraz. >> solitary again, huh? >> did you ever meet him? >> well, nobody met him. he was in solitary confinement. >> reporter: returning inmate robert luke, class of '59. >> i robbed a bank with a machine gun. so i got t t ten-year sentences.s. >> tell me what it was like to be a guard in alcatraz. >> it wasn't very good. >> reporter: guard george de vincenzi. class of '58. >> my first day, my first assisiment, the first hour, monday morning i was in a murder in the barber shop. a customer getting his hair cut jumps out of the chair and the barber goes after him with a pair of sen-inch barber shears. gets him in the throat and the heart and the lungs. and me like a damn fool blowing the whistle trying to separate them. >> reporter: debbie townsend is the daughter of a former inmate. >> my dad was here for 12 1/1/
2:44 am
and i'm not so much proud of the things he did, but the bottom line is he was my dad. >> reporter: ex-con bill baker, class of '59. >> everybody who came here came here for breaking rules in other prisons. >> wasn't your original charge auto theft or something? >> yeah. when i was 18 8 ars old i stole a car in portland, o ogon, went to prison, started escaping. >> reporter: just like all reunions they renewed old quaintances and recalled old times. only here in a m me steely seseing. >> they also told us if you ever went up to birdman's cell make sure you don't get closer than three feet frm the bars beuse if he e mes up to the bars and you're closer than that he might grab you. >> it's hail and farewell to alcatraz. wearing handcuffs and leg irons the last 27 of its 1,500 prisoners leave the crumbling unsalvageable fortress fororore dern federal penitentiaries.
2:45 am
1963, and aging alums are a vanishing breed. former reunions used to draw big crowds. but at this one there were but three guards and only two ex-cons. another alum, the infamous mobster whitey bulger, had to send his regretsts he's doing twowoife terms in florida. >> whitey bulger was here while i was here. >> reporter: guard jim albright, dressed in his old uniform for the occasion. >> his only fault was if you did something he didn't like he wanted to kill you. >> reporter: the honored returnees mingled with the thousands of tourists that swarmed the island. they listened to audio tours and robert luke. >> now, when that door slammed shut behind me the first time, you really know that you're in maybe the last prison because i'd never hehed that sound fore. >> i go o t when i was 30 years old. just short of -- >> how old are you now?
2:46 am
>> reporter: former inmate bill baker took a different path. for him alcatraz was a trade school. >> i learned how to counterfeit payroll checks. yes. everybody just about that i know here, that's what they live for, to get out and rob banks, cash hot checks or whatever. >> there's my cell here. >> this is yours? >> this is mine. six-foot by nine-foot. >> six by nine. that's not even the size of a decent-sized rug. >> smaller than most people's bathrooms today. i can put my hand on both walls like that. flatten my hananon both walls. reporter: at age 8282aker says lately he's been thinking about retiring from his career in the crime sector. >> the last prison system i served i got out 4 1/2 years ago. just got married a couple days ago. and now i have a house, a car, a wife, and a dog.
2:47 am
i got it honestly and legitimately, and i'm proud of it. >> took you a long time. >> took me a long time. >> and in that time returning to alcatraz has become a bit easier for some. >> oh, it's not bad. you know, i'm getting used to being here. and i can leave when i want to. that's the main thing. so why wait to feel comfortable? trust vagisil. the number one wipe for itch. dry spray? that's fun. it's already dry! no wait time. this is great. it's very softft n i keep it? (laughs) all the care of dove... ...now in a dry antiperspirant spray. this is mineral build up it collects leaving gross germ-ridden stains. clorox toilet bowl cleaner with bleach is no match fofothat. but lysol power toilet bowl cleaner eliminates mineral build-up effortlessly.
2:48 am
so why choose anything other than lysol? hey buddy, let's get these dayquil liquid gels and go. but these liquid gels are new. mucinex fast max. it's the same difference. these are multi-symptom. well so are these. this one is max strength and fights mucus. that one doesn't. uh...think fast! you dropped something. oh...i'll put it back on the shelf... new from mucinex fast max. ththonly cold and flu liquid gel that's max-strength and fights mucus. start the relief. ditch the misery. let's end this. phil! oh no... (under his breath) hey man! hey peter. (unenthusiastic) oh... ha ha ha! joanne? is that you?
2:49 am
it's me... you don't look a day over 70. am i right? jingle jingle. if you're peter pan, you stay young forever. it's what you do. if you want to save fifteen percent or more on car insurance, you switch to geico. you make me feel so young... it's what you do. you make me feel so spring has sprung.
2:50 am
if you spent any time in the military you know those little packets of processed food they hand out are just about the last thing you want to eat. well, pentagon scientists are trying to change all of that. mark albert explains. >> reporr: good morning. these mrmr keep troops alive but they've also given life to some not too kind nicknames. meals rejected by everyone. meals rarely edible. and meals rejected by the enemy. now the military's top chefs hope that troops will soon be giving them a new nickname -- delicious. from tactical maneuvering -- >> let them have it. >> reporr: -- to taking downwn targets s >> pick it up, pick it up. all right, let's move. >> reporter: and emergency rescues. >> prepare to lift. lift. >> reportete this company from the army's old guard is burning 3,000 to 4,000 calories a day during their training at fort a.p. hill, living the maxim "an army marches on its stomach." >> anyone up for a banana ranger
2:51 am
bar? >> yes, i wawa it. >> reporter: but complaints about the food are a daily staple. >> it's all-around terrible. >> it's delicious. >> it sounds@good, though. >> it's not good. >> on a scale of 1 to 10 how is it? >> 3 or 4. >> you know mres sometimes get a bad rap. >> no, i don't know that. reporter: whipping up rations is the job of the defense department's jeremy whitsett. but he's not just lookininfor a tasty recipe. >> it's all about increasing war fighter performance. >> you're not just trying to keep them alive. >> not just trying to keep them alive, no. we want to help them fight and we want toelp them win. >> reporter: in the army's test kitchen at natick research center outside boston winter's team combines culinary and scientific minds with high-tech generation of mres, stuffed with added nutrients. >> all right. let's try them. >> like this chocolate protein bar. d and calcium which are two components that help to improve bone health and reduce the
2:52 am
pound cake. >> wow. it's fluffy. >> right. >> and it's fluffy like a cake. >> reporter: which is designed to improve muscle performance. it's full of omega 3 fattytycids which studies show also may deter the effects of traumatic brain injuries. these cooks can increase the levels of vitamins and nutrients because they are changing the way the food is preserved. they've eliminated the need for sustained high heat, which kills vitamins and flavor. >> it's in the lab. >> reporter: the test kitchen also makes sure the 36 million mres the military buys a year make it to the troops, surviving air drops and rough handling. this new plastic developed by army engineers is not only lighter, which reduces a soldier's load, but it helps the food last langer and taste better. but perhaps the biggest culiliry
2:53 am
craved for decades -- pizza. the problem -- how to keep brfad, cheese, sauce, and meat together in one package for three years without it spoiling. >> we have a saying around here that chemistry happens. you can't just#stop the chemical reactions that are taking place. >eporter: but throughghcience they think they've perfected the pie. >> we're able to control the water and stop it from going from the sauce into the bread by binding the molecules. >> reporter: back at army training -- >> what would be the number one food you'd likto see in an mre? >> probably have to say get some pizza in there. >> pizza? we brought this down from the army test kitchen. >> let's give this a whirl. >> reporter: private first class bryce keller got his wish. >> that's actuallylyeally good. >> it is. is it what you hoped for? >> it actually tastes like a cold pizzazyou had from the night before >> what would you say to the scientists who have worked for about 20 years in the test kitchen to come up with pizza? >> i would say thank you because
2:54 am
this is amazing. i like this a lot. >> reporter: the pizza delivery is scheduled for 2017. and the military's also working on tailoring mres to different climates. so troops in the arctic, for example, would eat something different than troops in the desert. the bs overnight news" will be right back. when the engines failed on thelane i was flying, i knew what to do to save my passengers. but when my father sank into depression, i didn't know how to help him.
2:55 am
when he ultimately shot himself, he left our family devastated. don'n'let this happen to y y. if you or a loved one is suicidal, call the national suicide prevention lifeline. no matter how hopeless or helpless you feel, with the right help, you can get ll. (franklin d. roosevelt) the inherent right to work is one of the elemental privileges of a free people. endowed, as our nation is, with abundant physical resources... ...and inspired as it should be to make those resources and opportunities available for the enjoyment of all... ...we approach reemployment with real hope of finding a better answer than we have now. narrator: donate to goodwill where your donations help fund
2:56 am
an uber driver from orange county, california says he's had enough of the service after an apparently drunken passenger slapped him around from the back seat. police arrested the n, and the local d.a. will get thcase later this week. mireya villarreal has that story. >> reporter: edward caban said he picked up that passenger at around 8:00 p.m. on friday night. he says the passenger was intoxicated, he wouldn't wear his seat belt, and he also couldn't give him clear directions, and that's when the ride got rough. >> you've got to give me directions.
2:57 am
>> why do i have to give ygu direions? i put my addddss on the phone. >> no, you didn't. you refused to. >> reporter: the uber passenger becomes belligerent. then the video seems to show him falling over in the back seat. >> you're too drunk to give me directions, man. >> no. >> i'm kicking you out. >> i'm giving you the directions right now. >> no, that's it. >> the next thing i know i've just got fists flying at my face and i just -- i reached for the pepper spray. >> reporter: the man swears and pummels caban,n,anking his hair. a law enforcement official told our los angeles station kcbs that the passenger, 32-year-old njamin golden, is a a nior marketininmanager for taco bell. >> the only way that i felt i was going to get him to stop beating me was to incapacitate him, was to use some kind of self-defense. i don't believe he would have stopped. >> reporter: cabananas a camera in his car because he says he's faced unruly passengers before and uses the footage as evidence. >> safety is a big concern in the driver community.
2:58 am
and i wanted to show other drivers what happens. >> reporter: unlike some taxis, there's no partition between the driver and the passenger. when rids sign up for the service, they agree to a code of conduct. there's also a rating system for riders. but that's not enough to make some drivers feel fe. caban says he's done with uber for now. >> no, i don't feel safe driving for uber anymore. >> reporter: in a statement to cbs news uber says, "we've been in contact with mr. caban and the rider involved in this incident has been permanently banned from the platform." benjamin golden is out of jail, and he is now facing charges of assault on a c driver as well public intoxication. and that's the overnight news for this tuesday. for some of you the news continues. for others check back with us a little later for the morning@ news and "cbs this morning."
2:59 am
frfr the broadcast center in new york city, i'm jericka duncan. russia in mourning. can these flight recorders solne the mystery of the air disaster that killed more than 200? also tonight, a condemned killer tells the supreme court he's the victim of psecutors who kept blacks off the jury. o omacare year three. some are saying no to sign up. >> it's hard to factor in the cost of an extra bill. and grand larceny on a football field.
3:00 am
>o, it wasn't. >> announcer: this is the "cbs overnight news." we've arned that a u.s. spy satellite detected a flash of heat over egypt's sinai peninsula at the moment on saturday that a russian jetliner vanished from radar. david martin at the pentagon reports t t infrarere satellite recorded the flash, but it is not known whether the flash was caused by something like a failure in a fuel tank, for example, or perhaps a bomb. the metrojet wreckagee is spread over miles, indicating that it came apart at high altitude. all aboard, more than 200 people, were kied. they were mostly vacationing russian familili en route from a seaside resort in egypt to st. petersburg. today u.s. intelligence director james clapper said it's unlikely terrorism brought down the rbus a-321. investigators hope the flight
3:01 am
recorders will tell them what did. alan pizi is in egypt. >> reporter: search teams have finished combing a eight-square-mile area of the sinai desert where the airbus went down and will now widen the search. most of the bodies have been found along with the plane's two flight data recorders. decoding them to disisver what caused the plane to suddenly break apart in mid-air is expected to begin tomorrow after the arrival of experts from ireland where the a-321 was registered and hadad its last safety check. the airbus and other experts examine the twisted metal of the fuselage for clues today. a neat arrangement of luggage waiting in the desert rather than on an airport carousel was a poignant reminder of how much those clues matter. an isis affiliate based in the sinai has claimed it brought down the plane. and while there's no evidence of any direct terrorist involvement, the possisility the sinai militants were responsible can't be dismissed, according to u.s. director of national
3:02 am
>> it's unlikely but i wouldn't rule it out. reporter: metrojet, the russian company that owned the aircraft, denied the crash was caused by equipment failure and said the pilot did not send a distress call. the only possible explanation, deputy director alexander smirnoff, said, could be an external impact on the airplane. for relatives who must now provide dna and other means of identification for bodies brought back tot. petersburg, concern about who is responsible is buried under grief. at least two dozen of the victs were children. everyone involved in the investigation is urging patients and warnini against jumping to conclusions. but the possibility of terrorist action has already prompted a number of airlines to avoid flying over the sinai. scott? >> allen pizzey reporting for us from cairo tonight. allen, thank you. now moving to the republican presidential race, a new poll shows donald trump holding on to
3:03 am
but the fastest-rising candidate there is marco rubio. he's now at 13%. a nine-point improvement since september. trump is at 26%, followed by ben carson a 16%. here's major garrett. >> thank you very much. >> reporter: marco rubio's rise has come at jeb bush's expense. once an understudy, rubio is now running ahead of bush and attracting his donors, leaving bush to scramble for support today in the two candidates' home state of florida. >> no, i'm not frustrated. he's a great guy. he's a good friend. he's a gifted politician. i just have the leadership skills to solve these problems. we have a little disagreement on that. >> but i'm going to tell you the truth. here's the truth. >> reporter: rubio's surge began with his strong performance at last week's cnbc debate. e same poll that shows rubio jumping to third place in new hampshire also shows a spike in his favorable rating, up from 50% to 62%. he's now just two points behind
3:04 am
ben carson,, the republican with the highest rating. rubio's biggest catch among republican donors, paul singer, a billionaire hedge fund manager who has thrown millions behind gop candidates and causes. today rubio picked up his first senate endorsement from colorado freshman cory gardner. all this drew the ire of donald trump, who tweeted, "marco only won the debate in the minds o o desperate people." it was reminiscent of what trump told us after that debate. >> i think we won the debate tonight according to everybody. i mean, everybody says that. that seems to be unanimous. >> not marco? >> reporter: and today trump told talk radio host colin chourd rubio would not be among his vice presidential picks. >> you called rubio a lightweieit. it would not be him, right? >> most likely not. >> reporter: the republican presidential campaigns tried to unite to negotiate format changes to future debates but today trump, john kasich, chris christie and carly fiorina all
3:05 am
scott -- among the written requests each venue be air-conditioned to precisely 67 degrees. >> major garrett reporting tonight. major, thank you. the third year of opepe enrollment for health insurance under the affordable care act began this week. premiums are up, and some people have decided they're not so affordable. here's julianna goldman. >> it kind of just hits you. >> reporter: mylisa patton will turn 26 this month. she will lose coverage under her parents' health insurance but doesn't want to pay up to $250 a month for aalan under obamacare. >> being a graduate student and living in d.c. and kind of barely making ends meet now, it's just hard to factor in the cost of an extra bill. >> reporter: there are 10.5 million uninsusud americans eligible for coverage under the affordable care act. but the obama administration expects only a quarter will sign up this year. even though those that don't could pay a higher penalty in their taxes.
3:06 am
itit $700. >> no, actually, i didn't know the penalty was that high. >> reporter: premiums have also increased. the cost of a mid-level plan is upupn average of 7.5%. it's due in part because a number of companies have left the marketplace. fewer insurers means less competition. >> i've had obamacare insurance now for two years and it did go up the second year. >> reporter: dawn aaron is an actress and singer living in texas. she says obamacare made her hepatitis c medication affordable. >> total cost of that medication was approximately $70,000, and my co-pay was five bucks. >> reporter: as for patton, the healthy millennial is inclined to take her chances without insurance. >> i would probably look at enrolling after i graduate. >> so waiting until after may. >> yes. >> and still deal with the penalty. >> kind of a hard situation to be in right now. >> reporter: officials acknowledge that m mt p pple will need to shop around and
3:07 am
scott, the obama administration expects 10 million people wl be enrolled in insurance exchanges by the end of 2016, but that's way dow from originin estimates of 21 million. >> julianna goldman in the washington newsroom tonight. julianna, thank you. the "cbs overnight news" will right back. [ vocalizing ] [ buzzing ] [ tree crashes ] [ wind howling ]
3:08 am
in a major cnge of policy, medicarereill now pay for end of life counseling for terminal patients. and our doctor john la puk has more on this. >> reporter:r:ive years ago when diagnosed with a rare form of breast cancer she knew to do her homework. what did you find? >> it's the worst form of breast
3:09 am
nobody survives it. >> when your doctors first discussed your treatment plan, did they ask you what do you want? >> one doctor was perfection. she said we canry to hold back the cancer but not do things that are unnecessary. i went to another dr. and this other doctor wanted to do the complete opposite kind of care, wanted to throw everything at the cancer, even though it wasn't going to change the outcome. >> reporter: berman chose only those treatments that ease pain. >> i really wanted to focus on living the best pososble quality of life. >> reporter: dr. diane meyer directs the center to address pail yachtive care, an emerging field of medicine that addresses a patiens quality life. >> at the outset of a serious illness it's very i iortant to talk to patients and families about what they can expect. what is the natural history of this disease course, what is the time frame. >> reporter: now that medice willlleimburse doctors foror advance care planning and end of
3:10 am
be more time for those discussions. >> without those conversations somebody else is making all the decisions for us. >> and for you that wasess aggressive care. for somebody else it might be more aggressive care. >> right. it's whatever it is that that person is hoping to do for their own health. >> reporter: the cancer has spread. but berman is continuing to work and play, living the best life she possibly can. studies suggest patients who receive the kind of specialized care that focuses on quality of life and pain management have fewer hospital and office visits and may even live longer. >> dr. jon lapook for us tonight. jon, thank you. the supreme court heard arguments todadain the case of a black man sentenced to death in georgia for murdering a white woman. at issue is whether the prosecution illegally excluded blacks from the jury. here's our chief legal
3:11 am
>> reporter: timothy foster's jury was all white, but prosecutors denied racial bias when they struc every african-american from theool of pro spektivespective jurors. then ten years ago defense attorneys unearthed the prurth's notes. >> what we found was an arsenal of smoke guns. >eporter: deputy attorney steven bright is representing foster. >> the notes were shocking in terms of just how explicit the racial factor was. >> reporter: the names of the potential african-american jurors were highlighted, and in this list of possible jurors titltl "definite nos," the top five people were black. in the supreme court monday georgia's deputy attorney general argued prosecutors had valid reason for excludingng african-american jurors in the 1987 trial, and it flagged the black prospective jurors to make sure they were following new supreme court guidelines handed down in a landmark 1986 case to prevent racial discrimination in
3:12 am
but a majority of the justices appeared skeptical. liberal justice elena kagan said the case seemed as clear a olation as the court is ever going to see of the court's 1986 guidelines. conservative justice samuel alito, a former u.s. attorney, also seems troubled, asking "what about the giving a reason for dismissing one juror that she was close in age to the defendant? she was in her 30s. he was 18 or 19." now today some 30 years later anti-death penalty groups say that racial discrimininion in jury selection may be less obvious but it still persists. scott, the course in this case is unlikely to address those bigger concerns. >> j crawford at the supreme court tonight. jan, thank you. we have been searching at the broadcast for solutions to gun violence in our series "voices against violence." recently we brought you#the view
3:13 am
pratt of gun owners of america. tonight another perspective and another voice. >> my name is kai kloepler. i'm an 18-year-old innovator from boulder, colorado and i spent the last three years of my life developing a smart gun that only works for the owner. the smart gun works by identifying the user's fingerprint before the firearm is able to fire. this means that when a child finds an unsecured firearm in the house and picks up -- picks it up and starts to play with it it d dsn't turn into a life-altering accident. it all started for me with the aurora theater shooting. living in boulder, colorado the fear in aurora where that shooting occurreds onlyy 45 minutes away from my house and was something that deeply impacted not only me but the colorado community as a whole. the smart gun technology that i've developeds very secure. the fingerprints are stored on
3:14 am
the firearm and encrypted using military-grade technology. the next main step for me is to take that technology and move it to an actual metal live firearm. throughout the course of my research into accidental shootings and deaths in the uned states, i learned that every 30 minutes in n e united states on average a child dies or is injured by a firearm. a technology like this can legitimately se thousands of lives every single yea in the united states. and i'm in a position to make that possible. >> the view of kai klopler. still ahead on the broadcast, it was one of the craziest endings in football. how the refs blew it. how fred thompson helped bring down law and order on a
3:15 am
and what happened after t [cough, cough] mike? jane cough if you can hear me. don't even think abobo it. i took mucinex dm for my phlegmy cough. yeah...but what about mike?
3:16 am
he has that dry scratchy thing going on. guess what? it works on his cough too. cough! gugus what? it worksksn his cough too. what? stop! don't pull me! spoiler alert! she doesn't make it! only mucinex dm relieves bothwet and dry coughs for 12 hours with two medicines ione pill. start the relief. ditch the misery. let's end this. we're all famili with this, axe daily fragrances. but what you wouldn't have seen is this, axe dry spray antiperspirant. why are you touching your armpit? i was just checking to see if it's dry. don't, that's weird.
3:17 am
video replays were supposed to end bad calls by referees. mark strassmann reports that did not happen when duke played miami saturday night. let's gogoo the video. >> reporter: you're watching a robbery in progress. miami had received the last-minute kickoff trailing duke by three points. time expired as hurricanes players lateraled the balal eight times. eight.
3:18 am
for the winning score. a final play for the ages. >> can you believe what just saw? >> reporter: but the refs blew it. >> referee: the play is stiti under review. >> reporter: they huddled with a replay official for nine minutes. >> it's a legal play. touchdown. game is over >> reporter: miami's miracle was a mirage. hurricane player mark walton lateraled the ball with his knee touching the ground just a few feet away from an official. duke coach david cutcliffe. > thought the guy was down and i said pictures will prove me right. >> reporter: look closer. knee down, play over, game over. the atlantic coast conference, or acc, agreed. "the last playyf the game was not handled appropriately." it also ruled the now suspended officials had missed four calls on that play alone.
3:19 am
dan wolken covers sports for "usa today." >> there is currently no mechanism in the ncaa rulebook to overturn the result of a game in this circumstance. onceceveryone leaves thee field and the officials declare the game over, it's over. >> reporter: which is why duke fans will always see this stadium as the scene of the crime. mark strassmann, cbs news, atlanta. the vw emissions scandal
3:20 am
3:21 am
that's next. the 2014 vw touareg, the 2015 porsche cayenne, and 2016 audi quattro. the fraudulent software reduces emissions when the cars arere tested but allows emissions to grow to nine times the legal limit when no one is looking. there's a full list of the models at cbsnews.com. an assault on an uber driver in orange county, california was captured on video and mireya villarreal is following this. >> reporter: this is what happened during uber driver edward caban's last ride on friday night. he had just asked this apparently drunk passenger to get out of his car. >> it was terrifying. i just got blowsws to the side of my head. and i'm fumbling with the pepper spray. >> [ bleep ]. you [ bleep ]. [ bleep ]. >> reporter: passenger benjamin golden, a marketing exexetive for taco bell, was arrested b costa mesa police and charged
3:22 am
with assault and disorderly conduct. taco bell fired him tonight, saying it "offered and encouraged him to seek professional help." caban picked the 32-year-old passenger up from a bar. from the beginning he says the man was belligerent and refused to give him a drop-off address. >> i don't feel like he would have stopped if i didn't spray him. the way he kaz c cing at me. i was afraid he was going to start strangling me. >> get out of my car. get out of my car or i will call the police. >> reporter: it appears gold zen about to leave. >> let me tell you something, you little [ b bep ]. >> reporter: when riders s sn up for uber they agree to a code of conduct. uber also has a ratings system for riders designed to keep drivers safe. >> i definitely don't plan on driving for uber anymore. you know, i'm looking for a job right now. >> reporter: uber would not tell us how many other drivers have faced similar incidents. they would also not share anything on their safety procedures. but scott, we did find out benjamin golden has been banned for life. >> mireya villarreal in los
3:23 am
angeles. mireya, thank you. remembering fred thompson, next. every day it's getting closer
3:24 am
a love like yours will surely come my way hey, hey, hey babies aren't fully developed until at least 39 weeks. if your pregnancy is healthy, wait for labor to begin on its s n. a healthy baby is worth the wait. o0 c1 travel is part of the american way of life. when we're on vacation, we keep anye out for anything that looks out of place. [ indistinct conversations ] miss, your bag. when we travel from city to city, we pay attention to our surroundings. [ cheering ] everyone plays a role keeping our community safe. whether you're traveling for business or pleasure, be aware of your surroundgs. if you s something suspicious,
3:25 am
fred thompson died y yterday of cancer. the lawyer turned actor, politician, and tv pitch man was 73, and nancy cordes remembers. >> implicated attorney parkins.
3:26 am
>> reporter: the year w w 1973. thompson was 30 and serving as chief counsel to republicans on the senate watergate committee. he was the farst to reveal in a televised hearing the existstce of secect white house tapes. >> are you aware of any devices that were installed in the executive office building office of thepresident? >> yes, sir. >> reporter:thompson, a loyal republican, later said he had assumed the tapes would prove that president nixon did nothing wrong. instead the tapes documented crimes and cover-ups and led to nixon's resignation. >> i ihallesign the presidency effective at noon tomorrow. >> reporter: thompson's transition to acting was accidental. he was asked to play himself in a 1985 movie about a corruption case he won in tennessee. it turned out he was a natural. >> things are liable to get a little dicey around here. >> reporter: but thompson missed public service and ran for the senate in 1994, representing
3:27 am
in 2007 he set his sights even higher. >> i'm running for president of the united states. >> allight! there you have it. reporter: he was seen initially as the man to beat. t voters noticed he seemed ambivalent. even thompson joked about it with us on the trail. >> are you sure you have the fire in the belly to do this? >> i have the fire in the belly. >> all right. >> reporter: he dropped outut earlrland may have been miscast for that role. >> when under attack circle the wagons. >> reporter: but will be remembered for so many others. nancy cordes, cbs news, washington. and that's the "overnight news" for this tuesday. for some of you the news continues. for others check back with us just a little bit later for the morning news and of course "cbs this morning."
3:28 am
york city, i'm scott pelley. >> announcer: this is the "cbs overnight news." welcome to the "overnight news." i'm jericka duncan. former florida governor jeb bush is shaking up his campaign again, trying to claw his way out of the pack for the gop presesential nomination. he unveiled a new campaign slogan, "jeb can fix it." well, bush needs to fix it quick. the latest cbs news/"new york times" poll shows him stuck at just 7%, trailing ben carson,
3:29 am
bush has already cut the salaries of campaign staff and says starting today he'll be spending more time in the early voting states of iowa, new hahashire, and south carolina. the republican debates haven't been kind to bush. both he and most of the other gop presidential hopefuls are now demanding changes to the debate format. major garrett reports. >> reporter: good morning. the rnc pushed aside its lead debate negotiator and gave the job to its current chief operating officer and former top attorney. after the cnbc debate gopop presidential campaigns wanted a pound of flesh. now they have it. that and leverage to change future debates. almost all republican pridential campaigns sent advisers to the session. they emerged united in driving a harder bargain with the tv broadcasters. barry bennett with ben carson's campaign said the republican national committee will not call the shots. >> the rnc has sanctioned eight more debates. what we're asking is asking those sanctioned broadcast partners to give us some
3:30 am
information so we can talk with them and decide what the format is. >> reporter: the campaigns will push for guaranteed opening and closing statatents and commititnts to distribute questions more evenly. ben ginsberg, a long-time rnc legal adviser. >> now it's time to make a course correction. >> 15% still leaves you with a 1.1.-- >eporter: candidates s ke carson say they want constraints on debate moderators. >> we should have moderators who are interested in disseminating the information about the candidates as opposed to, you know, gotcha. you did this. and defend yourself on that. >> reporter: as for defending, jeb bush after three mediocre debates has had to do plenty of it. >> i'm a grinder. i mean, when i see that i'm not doing something well, then i reset and i get better. >> reporter: bush tried unsuccessfully to get the better of ally turned rival marco rubio by attack dozens of senate votes missed while campaigning. a topic bush won't let go. >> i think he's given up. and i think that's the wrong thing to do.
3:31 am
debates. the campaign said there simply all the sired changes into o e november 100 debate on the fox business channel. there will, however, be longer -- there will be time for longer answers, norah. 90 seconds instead of 60. the debate format hasn't surge. a poll of likely republican primary voters in new hampshire shows rubio at 13%, up from just 4% in september. donald trumpmp remains in the lead with 26%, and ben carson has 16%. rubio discussed his campaign with john dickerson of "face the nation." >> in 2008 republicans running, talking about the democrats that re running, there were some senators running, barack obama, hillary clinton. constantly i heard republicans say, they've never run as much as a lemonade stand, they don't have executive experience, they haven't met a payroll, they haven't governed. why doesn't that apply to you now as a candidate -- >> well, first of all, the presidency's not a bookkeeping
3:32 am
job. it isn't some glorified accounting job. it's the leader of the united states both of its people sxft nation and the government. the job of a president is to craft a vision for america's future, to put the right people in the right position and hold them accountable for carrying out your agenda, but also to rally the country behind big causes. entitlement reform is a huge undertaking. it will never happen without presidential leadership. not to mention national security. the role of commander in chief is the most important job of a president. in the context of barack obama he has now been president for seven years, he has significant executive experience and he's still make mistakes in my opinion so, it's clear that the issue with him is not that he didn't have executive experience. it's that h ideas did not work. and that's why i think it's important to elect someone to the presidency with the right ideas, ideas that allow the private sector to succeed because that's where you get job creation and economic prosperity, but also someone that understands the risks in the world today andhat america's role in the woror nenes to be. >> but i guess when -- and this is obviously something your opponents are bringing up. jeb bush has said in a fund-raising appeal, he says you
3:33 am
have no credible experience beyond governing.g. i guess the question is have you been in a position where you've had to make tough calls, where there are real consequences, and where do you get that strength from? if y were to make the presidency where you'd be in those kind of dececions all day long. >> it is true that the presidency's not like being a u.s. senator. but it's also not like being a governor. there is no office in the world like the united states presidency. what i have shown over the last five years especially is judgmeme, good judgment, andnd understanding of the major issues before america, particularly on foreign policy. i do not believe there's anyone else in this race that has shown better judgment on the issues before america today than i have and a better understanding of them, especially on the foreign policy realm, which is at the end of the day the most important obligation of a president. presidents don't run the economy. what youo is promote policies that allow the private sector to succeed. >> the bush campaignalled you the republican obama. is that an insult or a compliment? >> well, i don't think they mean it as a compliment. i certainly wouldn't take it as that. look, campaigns are going say whatever they think gives them an advantage, and obvioioly
3:34 am
someone has convinced jeb that attacking me is going to help his campaign. it won't change the way we run our campaign. we're going to continue to give people a serious candidacy that's optimistic but also realistic about america's future-b our challenges, about the direction our country needs to go. that's what i'm going to focus on. as for the democratic presidential debates, cbs news will be hosting the next one in des moines, iowa. that's novovber 14thth at 9:00 p.m. eastern. both washington and hollywood are mourning the death of fred thompson, the politician turned actor died sunday from a reoccurrence of lymphoma. he was 73. charlie rose has his story. >> state workers' compensation systems are based on decades of experience a careful deliliration. >eporter: fred thompsps spend muchchf his life in commanding roles, in both washington -- >> you call me harry one more time you'll be busting counterfeiters in alaska. >> reporter: -- and hollywood. born in alabama, he became an assisiant u.s. attorney in
3:35 am
attention in the 1970s as chief republican counsel for the senate watergate committee. >> are you aware of any devices that were installed in the executive office building office of the president? >> yes, sir. >> reporter: after serving as a successful lobbyist for several years, thompson made the move to the big screen. >> pack them and rack them. move. >> reporter: playing government officials and authority figures. >> senior captains don't start something this dangerous without having thought the matter through. >> reporter: in 1994 he was elected to the senate and served eight years. >> who's your trial judge? >> reporter: in 2002 he became a district attorney but this time for television's hit show "law & order." >> you know, one day this chair's going to be pty. >> i'm noo politician, arthur. >> yeah. everybody says that. >> reporter: thompson took a break from acting in a short-lived run for the 2008 republican presidential nomination. i spoke with him on my pbs program.
3:36 am
>> i think it's time i stepped up again. at a time when i can do it freely and openly and be myself and do thing my way, which i've been roundly criticized for, and just basically say this. this is the guy i am, i've always been. since i was 30 years of age. and what you see is what you get. it's the final countdown! the final countdown! if you're the band europe, you love a final countdown. it's what you do. if you want to s se fifieen percent or more on car insurance, you switch to geico. it's what you do. skrch... skrch... what are you doing? the dishes are clean. i just gotta scrape the rest of the food off them. ew. dish isssss? cascade platinum powers through this brownie mess
3:37 am
better than the competition, the first time. cascade. did you know there's a cough liquid that lasts for twelve hours? try delsym twelve hour cough liquid. its advanced formula releases powerful medicine that acts fast while its extended release medicine lasts for 12 hours. try delsym . dry spray? that's fun. it's already dry! no wait time. this is great. it's very soft. can i keep it? (laughs) all the care of dove... ...now in a dry antiperspirant spray. your clever moves won't stop the cold and flu. but disinfecting with lysol can. lysol wipes and spraraare approved to kill more types of germs than clorox. to help keep your family healthy,
3:38 am
president obama is calling for a new program to help released convicts ease their way back into society. the president visited a drug treatment center in newark, new jersey, calling r job placement, housing assistance, and mental health services for those recently released. it comes as thousands of non-violent drug offenders are being set free from federal
3:39 am
prisons to easeseovercrowding. justice correspondent jeff pegues has the details. >> reporter: after being in a halfway home and under house ararst for f fe months 50-year-old michael higgins became a free man. the former public school teacher served ten years in federal prison for dealing meth and ecstasy. >> i was released two years early, and i am so grateful for that. >> reporter: he's one of some 6,000 federal inmates mates to be granted early release under a u.s. sentencing commission program. in 2014 the commission voted to cut jail time for some non-violent drug offenders. the average 10 1/2-year prison sentence is being reduced by two years. this program is part of a bipartisan effort to reduce the federal prison population, which has grown to more t tn 200,000 inmates. also being addressed, evening out sentences for those caught with cracks as opposed to powder cocaine, and loosening so-call mandatory minimum sentences. critics say both practices have d to high incarceration rates
3:40 am
the poor. kevin ring represents families against mandatory mims. >> congress has decided over the last 30 years to spend billions of dollars locking up non-violence low-level offenders. so we've shifted our resources to locking up drug dealers and offenders who can be treated in other ways a a with shorter sentences. >> reporter: but some sheriffs and police chiefs disagree, arguing that the mass release comes without@a proper safety net for the former inmates. this is all going to be dropped into the lap of the new york city police. >> reporter: new york city police commissioner bill bratton. >> we're letting them out of jail. the treatment's be there. job training's not there. housing for many of them's not there. >> do you feel like your concerns have been heard at the federal level? >> no. >> reporter: the sentence reductions are not automatic. federal judges are required to carefully considerhether there is a threat to public safety. so far judges have denied about 26% of the total petitions that
3:41 am
jeff pegues, cbs news, new york. in san francisco bay some alumni of f e infamous alcatraz prison held a reunion. bill geist took the boat over for "cbs sunday morning." >> good morning, everyone. welcome aboard the -- >> repepter: alumni of a renowned san francisco institution recently cruised to a rather remarkable reunion. >> you guys never bumped into each other at other faciliti? >> no. we met here. >> reporter: on the isle of alcatraz. >> most of us were hardheaded criminals. we were convicts. we came here hardheaded, and we left the same way. >> reporter: former guards, inmates, and their families were invited to return to the fabled prison. >> welcome to the rock. reporter: celebrated in a dozen or more films and once home to crime superstars al capone, george "machine gun"
3:42 am
kelly, and of course robert stroud, the bird man of alcatraz. >> solitary again, huh? >> did you ever meet him? >> well, nobody met him. he was in solitary confinement. >> reportete returning inmate robert luke, class of '59. >> i robbed a bank with a machine gun. so i got two ten-year sentences. >> tell me what it was like to be a guard in alcatraz. >> it wasn't very good. >> reporter: guard george de de vincenzi. class of 8. >> my first day, my first assignment, the first hour, monday morning i was in a murder in the barber shop. a customer getting his hair cut jumps out of the chair and the barber goes after him with a pair of seven-inch barber shears. gets him in the throat and thehe heart and the ngs. and me like a damn fool blowing the whistle trying to separate them. >> reporter: debbie townsend is the daughter of a former inmate. >> my dad was here for 12 1/2
3:43 am
yes from '47 to '5'5 and i'm not so much proud of the things he did, but the bottom line is he was my dad. >> reporter: ex-con bill baker, class of '59. >> everybody w w came here came here for breaking rules in other prisons. >> wasn't your original charge auto theft or something? >> yeah. when i was 18 years old i stole a car in portland, oregon, went to prison, started escaping. >> reporter: just like all reunions they renewed old acquaintances and recalled old times. only here in a more steely setting. >> they also told us if you ever went up to bird man's cell make re you don't get closer than three feet from the bars because if he comes up to the bars and you're closer than that he might grab you. >> it's hail and farewell to alcatraz. wearing handcuffs and leg irons the last 27 of its 1,500 prisoners leave the crumbling unsalvageable fortress for more modern federal penitentiaries.
3:44 am
1963, and aging alums are a vanishing breed. former reunions used to draw big crowds. but at this one there were but three guardssnd only two ex-cons. another alum, the infamous mobster whitey bulger, had to send his regrets. he's doing two life terms in florida. >> whitey bulger w w here while was here. reporter: guard jim albright, dressed in his old uniform for the occasion. >> his only fault was if you did something he didn't like he wanted to kill you. >> reporter: the honored returnees mingled with the thousands of tourists that swarmed the island. they listened to audio tours and robert luke. >> now, when that door slammed shut behind me thehe firir time, you really know that you're in maybe the last prison because i'd never heard that sound before. >> i got out when i was 30 years old. just short of -- >> how old are you now?
3:45 am
>> reporter: former inmate bill baker took a different path. for him alcatraz was a trade school. >> learned how to counterfeit payroll checks.. everybody just about that i know here, that's what they live for, to get out and rob banks, cash hot checks orr whatever. >> this is yours? >> this is mine. six-foot by nine-foot. >> six by nine. that's not even the size of a decent-sized rug. >> smaller thannost people's bathrooms today. i can put my hand on both walls like that. flatten my hand on both walls. >> reporter: at age 82 baker says lately he's been thinking about retiring from his career in the crime sector. >> the last prison system i served i got out 4 1/2 years ago. just got married a couple days ag and now i have a house, a a car, a
3:46 am
i got it honestly and legitimately, and i'm proud of it. >> took you a long time. >> took me a long time. >> and in that time returning to alcatraz has become a bit easier for some. >> oh, it's not bad. you know, i'm getting used to being [cough, cough] mike? janet? cough if you can hear me. don't even think about it. i took mucinex dm for my phlegmy cough. yeah...but what about mike? he has that dry scratchy thing going on. guess what? it works on his cough too. coh! guess what? it works on his cough too. what? stop! don't pull me! spoiler alert! she doesn't make it! only mucinex dm relieves bothwet and dry coughs for 12 hours with two medicines in one pill. start the relief. ditch the misery.
3:47 am
we're all familiar with lhis, axe daily fragrances. but what you wouldn't have seen is this, axe dry spray ananperspirant. why are you touching your armpit? i was just checking to see if it's dry. don't, that's weird. the first ever dry spray antirspirant from axe. i've g g two reasons to take care of my heart. that's why i take meta. meta is clinically proven to help lower cholesterol. try meta today.
3:48 am
heart healthy snack, try a meta h hlth bar. if you/spent any time in the military you know those little packets of processed food they hand out are just about the last thing you want to eat. well, pentagon scientists are trying to change all of that. mark albert explains. >> reporter: good morning. these mres keep troops alive but they've also given life to s se not too o nd nicknames. meals rejected by everyone. meals rarely edible. and meals rejected by the enemy. now the military's top chefs hope that troops will soon be giving them a new nicknkne -- delicious. from tactical maneuvering -- >> let them have it. >> reporter: -- to takinggown targets -- >> pick it up, pick it up. all right, let's move. >> reporter: and emergency rescues. >> lift, lift. >> reporter: this company from the army's old guard is burning 3,00to 4,000 calories a day during their training at fort a.p. hill, living the maxim "an
3:49 am
>> anyone up for a banana ranger bar? >> yes, i want it. >> reporter: but complaints about the food are a daily staple. >> it's all-around terrible. >> it sounds good, though. >> it's not good. >> on a scale of 1 to 10 how is it? >> 3 or 4. >> you know mres sometimes get a bad rap. >> no, i don't know that. >> reporter: whipping up rations is the job of the defense department's jeremy whitsett. but he's not just looking f a tasty recipe. >> it's all about increasing war fighter performance. >> you're not just trying to keep them alive. >> not just trying to keep them alive, no. we want to help them fight and we want to help them win. >> reporter: in the army's test kitchen at native outside boston winter's team combines culinary and scientific minds with high-tech equipment to create the next generation of mres stuffed with added nutrients. >> let's try them. >> like this chocolate protein bar. >> that's fortified with vitamin d and calcium which are two components that help to improve
3:50 am
bone health and reduce the amountntf stress fractures.s. >> reporter: or this new lemon pound cake. >> wow. it's fluffy. >> right. >> and it's fluffy like a cake. >> reporter: which is designed to improve muscle performance. it's full of omega 3 fatty acids which studies show also may deter the effects of traumatic brain injuries. these cooks can increase the levels of vitamins and nutrients beuse they are changing the way the food is preserved. they've eliminated the need for sustained high heat, which kills vitamins and flavor. >> it's in the lap. >> reporter: the test kitchen also makes sure the 36 million mres the military buys a year make it to the troops, surviving air drops and rough handling. this new plastic developed by army engineers is nonoonly lighter, which reduces a soldier's load, but it helps the food last langer and taste better. but perhaps the biggest culinary
3:51 am
coup is the dish troops have craved for decades -- pizza. the problem -- how to keep bread, cheese, sauce, and meat together in one package for three years without it spoiling. >> we have a saying around here that chemimiry happens. you can't just stop the chemical reactions that are taking place. >> reporter: but through science they think they've perfected the pie. >> we're able to control the water and stop it from going from the sauce into the bread by binding the molecules. >> reporter: back at army training -- >> what would be the number one food you'd like to see in an $% mre? >> probably have to say get some pizza in there. >> pizza? we brought this down from the army test kitchen. >> let's give this a whirl. >> reporter: private first class bryce keller got his wish. >> that's actually really good. >> it is. is it what you hoped for? >> it actually tastes like a cold pizza you had from the night before. >> what would you say flr the scientists who have worked for about 2 2 years in the test kitcheheto come up with pizza?
3:52 am
>> i would say thank you because this is delicious. this is amazing. i like this a lot. >> reporter: the pizza delivery is scheduled for 2017. and the military's also workingng on tailoring mres to different climates. so troops in the arctic, for example, would eat something different than troops in the desert. the "cbs overnight news" will be right back. embarrrrsed by a prostate exam? imagine how your doctor feels. as a urologist, i have performed 9,421 and a half prostate exams. so why do i do it? because i get paid. und... on this side of the glove i know prostate exams can save lives. so, if you are a man over 50, talk to you doctor to see if a prostate exa is right for you. if we can do it, so can you.
3:53 am
an uber driver from orange county, california says he's had enough of the servivi after an apparently drunken passenger slapped him around from the back seat. police arrested the man, and the local d.a. will get the case later this week. mireyaillarreal has that story. >> reporter: edward caban says he picked up that passenger at around 8:00 p.m. on friday night. he says the passenger was intoxicated, he wouldn't wear his seat belt, and he also couldn't'tive him clear directionsnsand that's when the ride got rough. >> you've got to give me
3:54 am
directions. >> why do i have to give you directions? >> because my -- >> my address was in the -- >> no,o,ou didn't. you refused to. >> reporter: the uber passenger becomes belligerent. then the video seems to show him falling over in the back seat. >> you're too drunk to give me directions, man. >> no. >> i'm kickingngou out. >> i'm giving you the dirececons right now. >> no, that's it. >> the next thing i know i've just got fists flying at my face and i just -- i reached for the pepper spray. >> reporter: the man swears and pummels caban, yanking his hair. a law enforcement official tolls our los angeles station kcbs that the passenger, 32-year-old benjamin golden, is a senior marketing manager f taco bell. >> the only way that i felt i was going to get him to stop beating me was to incapacitate him, was to use some kind of self-defense. i don't believe he would have stopped. >> reporter: caban has a camera in his car because he says he's faced unruly passengers before and uses the footage as evidence. >> safety is a big concern in
3:55 am
the driver community. and i wanted to show other drivers what happens. >> reporter: unlike some taxis, there's no partition between the driver and the ssenger. when riders sign up for the service they agree t a code of conduct. there's also a rating system for riders. but that's not enough to make some drivers feel safe. caban says he's done with uber for now. >> no, i don't feel safe driving for uber anymore. >> reportete in a statement to cbs news uber says, "we've been in contact with mr. caban and are thankful he is doing okay. the rider involved in this incident has been permanently banned from the platform." benjamin golden is out of jail, and he is now facing charges of assault on a cab driver as well as public intoxication. and that's the overnight news for this tuesday. fofosome of you the news continues. for others check back with us a little later for the morning news and "cbs this morning."
3:56 am
from the broadcast center in new york city, i'm jericka drunkn. russia in mourning. can these flight recororrs solve the mystery of the air disaster that killed more than 200? also tonight, a condemned killer tells the supreme court he's the victim of prosecutors who kept blacks off the jury. obamacare year three. some are saying no to signing up. >> it's hard to factor in the cost of ananxtra bill. and grgrd larceny on a football field. >> it's a legal play. >> no, it wasn't.
3:57 am
>> announcer: this is the "cbs
3:58 am
3:59 am

63 Views

info Stream Only

Uploaded by TV Archive on