en good morning to our viewers in the west. it is tuesday, may 22nd, 2012. welcome to studio 57 at the cbs broadcast center. i'm charlie rose. a new era is launched overnight. the privately funded spacex rocket successfully lifts off. i'm erica hill. we'll speak with one of the leading figures in the catholic church and controversial new guidelines say men should not be routinely tested for prostate cancer. >> i'm gayle king. facebook stock takes a major hit. what's going on with this unfriending. when i see you at 8:00 we'll search for something hard to find, peace and quiet. as we do every morning we begin with a look at today's eye

opener. your world in 90 seconds. >> this is not a distraction. it's what this campaign is going to be about. >> president obama defends attacks on mitt romney's record. >> a political firestorm sparked by newark mayor corey booker. >> saying an obama ad is nauseating. >> i'm very upset i'm being used by the gop this way. >> when i went head to head with mitt over it, it didn't work and i think what corey booker is telling is the truth. >> the first private spacecraft blasts into orbit. >> the beginning of another historic mission for commercial space flight. >> facebook stock closed down more than $4 a share, that's a one-day loss of 11%. >> i already have a way to maintain superficial relationships with people i secretly hate. it's coming to work. survived a plunge over niagara fall.

only three people have ever done it before without a barrel for protection. >> a small plane crashes taking down power lines and narrowly missing several homes. >> all that. >> whoa! into an lapd officer. >> he put it down! >> you knew this was coming. >> some of these gop operatives, they seem to have the fighting instinct. >> she was told by a supervisor, "you were just too hot for this office." on "cbs this morning." >> i believe ryan seacrest is trying to kill me. i believe he's trying to kill america one kardashian at a time. thank you. captioning funded by cbs >>welcome to "cbs this morning." for this morning a private business is sending a space ship to the international space station. if the mission goes well, it could change space travel

forever. >> the spacex rocket lifted off early this morning on an unmanned supply commission. mark strassmann has more. >> this is exciting stuff. the launch of what could be a new era of american manned space flight. the first audition for spacex, do they hope to become nasa's taxi to the space station? >> launch of the spacex falcon 9 rocket. >> it was spacex's dragon capsule breathing life into space exploration caring 1,000,000 of nonessential clothing primarily food and clothing will be within reach of the 50-foot robotic arm from the space station hoping to become the first commercial operated capsule to do so. a small step for space travel and a giant leap for privately owned commercial enterprise.

it's the brain child of paypal's founder. >> it's parallel to the internet in the mid 90s when it was created as a government endeavor but the introduction of commercial companies really accelerated the growth of the internet and made it assessable to mainstream. >> the launch is a vital test. completing the mission will allow spacex to collect on a contract to develop a cargo ship and enter into $1.6 billion contract from nasa for a dozen future cargo flights. when scott visited the spacex factory in march for 60 mississip the scope was much greater. >> there's windows in case there's an astronaut that want to look out. >> people don't put windows in cargo ships. >> exactly. >> this tells me this was never

intended to be only a cargo ship. >> no. it was always designed to carry astronauts. >> nasa has to rely on russian rockets to carry astronauts to the space station. the future plan is to contract ferrying astronauts to proven private companies like spacex. >> and launch. >> if the dragon capsule successfully docks with the space station, it will stay about a week. until this morning's launch, only three countries had ever pushed a capsule into space. the u.s., russians and chinese. charlie and erica, spacex just joined that small club. 43 roman catholic establishments sued president obama on monday. >> they object to requiring birth control provided to workers in health insurance and catholic workers say it's not what they believe in. >> we should be exempt because of the constitutional protection of free exercise of religion. this is something that's

absolutely bedrock to america. >> new york's cardinal timothy dolan, president of the u.s. conference of catholic bishops is here with us. welcome back. >> nice to be with you. appreciate the invite. >> the argument goes this is about religious liberty. you make that argument. the president said it's about women's health. what is it you want the administration to do? >> sure. thanks for drawing the distinction. we have been pretty clear, charlie and erica, this is about religious freedom. it's not about contraception. the bishops in alabama know it's about immigration. our catholic relief service knows it's about human trafficking. our immigration services knows it's about getting victims of religious oppression to the country and catholic charities know it's about soup kitchens. it's the ability of the church to do what it does very well in complete freedom. what we worry about, charlie, not so much we do worry about the president's initiative to

provide contraception free across the board but that's another question. what we're worried about now is the exemption given to the churches is so strangling and so narrow and it's also presumptuous in that bureau of the federal government is attempting to define for the church the extent of the ministry and ministers. it's that exemption and straitjacketing handcuffing exemption characteristic of that exemption that we find to be very dangerous. >> if the president said i tried to compromise here. i'm suggesting that we let insurers pay for contraceptives. that's not far enough for you. >> that's rather superficial. he and i have had this discussion. i appreciate the courtesy of him speaking to me about it. it's not enough for two reasons. it doesn't help much because most catholic entities are self-insured so we'll pay for it any way. secondly, it gives no attention

to the choking mandates and to the choking definition of religion that we find just to be so strangling. you know what we're talking about, erica and charlie. they tell us if you are going to be considered church and really be exempt from these demands of the government, well, you have to propagate your catholic faith pserve only catholics and emplo only catholics. when did the government get into defining the extent of our ministry. it's like we're being punished because we're serving a lot of people and don't ask for bapt m baptismal certificates at the door. we would say at least we can preserve our ministries and services. >> how much have you had in the term of conversation about this? the last time you were with us, you said a long time ago you talked to the president and

there were these changes and you hadn't talk to him since. have you reached out specifically to president obama to again plead your case to say here's where my problem is? >> i appreciate the president's outreach to us. he keeps telling me that he does want this to work. he keeps telling me of this tremendous regard for the services that the church gives communitiwise and he doesn't want his administration to impede the good work that we do. haven't talked to him personally since mid february but we have taken up his invitation for offices to continue to meet with white house staff which we'll do even though we're frustrateded there isn't significant progress. >> you think less frustration if you sat down together in a room together? >> i'm always willing to do that. part of my worry is that we have heard from the white house that this is all you're going to get and there will be no further substantial mitigation. if that posture would change, say the word. i'll be on the way to washington. >> do you think the white house has misled you on any way on

this? >> i hate to question the president's sincerity. i believe when he says he highly regards the work of the church and doesn't want his administration to impede any of that. i worry, charlie, that members of his administration might not particularly understand our horror at the restrictive nature of this exemption that they are giving us and for the first time that we can remember, a bureau of the federal government seems to be radically intruding into the internal definition of what a church is. we can't seem to get that across. >> he's a phone call away for you. you're the cardinal. let me ask you finally, there is a question of georgetown, a catholic university, about the secreta secretary. what's the problem of having her come speak? >> georgetown is the oldest catholic university in the country. part of catholic identity is to be in union with the bishops. when they would invite someone

who has used the word war in describing the relationship between the government and the catholic church and when they would invite someone so dramatically at odds with one of the central tenants of the faith, that does bother us. i think we're disappointed at that but we're not shocked because unfortunately we have to admit some of our catholic universities, thank god not many, have been moving towards a more secular model where they take care cues from what's happening in contemporary events instead of timeless wisdom of the church. i'm afraid that's what's happening here. >> good to see you. >> thank you, charlie. always good to be with you. your bagels are great. >> how many did you have? >> none of your business. >> charlie rose. >> are you intruding into the -- >> invading your privacy. >> and your choice. >> thank you, cardinal. as the nato summit ended in chicago last night, president

obama flew to joplin, missouri, where he congratulated high school graduates for getting through the tornado that devastated their city one year ago today. >> you had to grow up quickly over the last year. you have learned at a younger age than most of us that we can't always predict what life has in store. no matter how we might try to avoid it, life surely can bring some heartache. life involves struggles. and at some point life will bring loss. >> earlier the president made it clear that mitt romney's work as a corporate takeover specialist will be a major issue in the campaign. jan crawford reports that democrats are not as enthusiastic. jan, good morning. >> reporter: good morning, charlie. the president has taken heat from his own supporters over ads that have been attacking romney's experience in business and his work as head of the private equity firm bain

capital. yesterday the president didn't back down. >> this is not a distraction. this is what this campaign is going to be about. >> reporter: speaking to reporters in chicago, the president all about threw down the gauntlet. >> when you're president opposed to head of a private equity firm, your job is not simply to maximize profits. your job is to figure out how everybody in the country has a fair shot. >> reporter: the obama campaign has made romney's work at the private equity firm bain capital central to their attacks. yesterday released a web ab highlighting a bain owned company that shut down an indiana office supply plant. >> in bain mitt romney did not care about us as workers. >> reporter: some democrats have criticized the president's attacks and the romney campaign was quick to capitalize. >> have you had enough of president obama's attacks on free enterprise? his own key supporters have.

>> reporter: that romney web ad presents democrats who have opposed it. >> even obama's own supporters have had enough. >> it's nauseating to the american public. enough is enough. >> reporter: romney argues his experience at bain which bought emerging or undervalued companies like staples, dominos and sports authority and made them profitable makes him more qualified to fix the economy than the president. but the obama campaign is highlighting the failures like missouri's gst steel which declared bankruptcy in 2001, two years after romney left bain to run the salt lake city olympics. romney faced this attack before going back to his 1994 senate run. >> you're not creating jobs, you're taking them away from us to put money in your pocket. >> reporter: more recently from newt gingrich and the republican primary. >> for tens of thousands of americans, the suffering began

when mitt romney came to town. >> reporter: now romney campaign officials say they have been expecting this fight and they tell cbs news they're ready for it. they think they have the better argument that romney's investments built up businesses while president obama gambled with taxpayer money and lost hurting the economy and costing american jobs. >> jan, thank you very much. with us now, chief washington correspondent and host of "face the nation," bob schieffer. good morning. >> hey. >> so tell me what you think of this battle between the obama campaign and the romney campaign on the issue of private equity? >> we are where we are in the era of negative politics. i think most people understand that mitt romney is not the robert barron that democrats would have you believe nor is barack obama the european socialist that the republicans would have you believe. you know, the obama campaign has

done just what campaigns do. they polled on this. they think that romney is vulnerable here. will they continue? i think that depends on what they find out from the polls this week. i'm told that 400,000 people have now seen this ad online. by the end of the week, the obama people think it will really begin to resonate. if it does, they'll continue this and if it doesn't, they'll dial it back. that's just how it is in american politics today. excuse me for trying to see the bright side here. we saw this week republicans roundly denounce a plan that some republicans had to launch this campaign trying to tie the president once again to jeremiah wright and now we see people on the democratic side denouncing this saying this has gone too far. this is the era of negative politics and it's where we are. >> we have heard from both sides it will continue.

what about the concern over whether or not this is a fine line for the obama campaign because in some ways and republicans will take this line, it could be attacking capitalism. >> again, this is about where they think they can hurt the other side. they're going to continue to do this. have they gone across the line? they'll find out and make their own conclusions later in the week after they polled. if they think they've got something that can give them the advantage, i will guarantee you, erica, the obama administration will continue right on. if they think in the polling shows they've gone a step too far, they'll dial back. >> bob, conventional wisdom is this is a very close race. do you accept that? >> i think it is very, very close. i think it's still to be decided. i think -- i wouldn't bet your money, charlie, and you have a lot, on how this is going to come out. i would rather buy a lottery. >> stop attacking the rich.

>> you one percenters. >> bob schieffer, thank you so much. >> thank you, charlie. the u.s. ambassador is afghanistan is expected to step down in a few months. crocker was the top u.s. envoy in iraq, pakistan and syria before going to afghanistan last july. it's not clear why crocker is leaving. on monday the u.s. and allies agreed on an exit strategy from the afghan war. >> britain's guardian says the head of the united nations nuclear agency is close to a deal on inspecting iran's nuclear sites. "the los angeles times" reports a record number of california school districts face severe budget cuts or even bankruptcy. at least 12 districts cannot pay their bills for this year or next. 176 others may not be able to make payments.

"usa today" says drive-throughs are turning big profits being used by coffee houses and convenience stores. drive-through sales grew 3% last year. in india, dangerous overcrowding on mt. everest. four climbers died over the weekend from apparent exhaustion and altitude sickness. dozens of climbers took advantage of a small w >>

>> announcer: this national weather report sponsored by the u.s. postal service. government scist government scientists say a routine test for prostate cancer is so unreliable men should not take it. we'll get the american cancer society's view of the controversial new guidelines and talk with a survivor who believes the test saved his life. the supreme court says no to a man fined $675,000 for

downloading 30 songs. >> if it comes down to that, i have to declare bankruptcy. i don't have that money. it's not like i have a big pile of money sitting around. >> we'll show you what's at stake for joe and the recording industry. you're watching "cbs this morning." >> announcer: this portion of "cbs this morning" sponsored by folgers, the best part of waking up is folgers in your cup. folgers in your cup. how's the camping trip? well, the kids had fun, but i think i slept on a rock. ♪ the best part of wakin' up what are you doing? having coffee. ohh. ♪ is folgers in your cup

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killed himself. >> >> good morning, let's get you caught up on some of the bay area headlines. an arrest on the sierra lamar disappearance. a one-year-old is charged with murder and kidnapping in the case. he owned the red volkswagen that authorities linked to the case a few weeks ago. lamar's family is expected to join the share for a news conference at 8:00 this morning and we will stream it live on cbs s.f. dot com. word is the golden state warriors are planning to leave oakland and build a new arena on the waterfront in san francisco. it is expected to be done in the year 2017.,,,,,,,,

>> to just issued a traffic alert for a gravel spill that we have been falling in south san francisco. there is one lane block off and unfortunately speed the release low heading out of san francisco. it is jammed solid all the way down past brisbane into oyster point boulevard. 280 will be a better option. two lanes blocked off because of an accident. >> partly cloudy skies around the bay area this morning. a quarter mile visibility around santa rosa. pleasanton around as fog as well. the wind will be the major story. comparable temperatures into the '70s and inland. blowing pretty hard towards the coast. the next couple o,,,,,,,,

you know that guy, that facebook guy mark zuckerberg, you know that guy? got married over the weekend. how about that. yes. he -- his company goes public, he's now worth $100 billion. then he gets married. is what he said

to me about the competition between google and facebook. >> so are you worried or not worried about facebook's competition and search? >> i -- you know, i think that -- i think that it's something we take seriously like people's social media. i think it's unfortunate that facebook has been pretty closed with their data, you know, and i think we would certainly -- we're in the business of searching data. we don't generally turn it down when it's offered to us. so i think in general we'd like to see content on the internet beng made more open and so on. you know, we had an irv of them over contacts where they -- you know, from a user's perspective,

i'm joining facebook and i want my contacts. google says, fierngs you can get them from google. the issue was facebook said, no, google, you can't do the reverse and we said users don't understand what they're doing. they're putting data in and they don't understand they can't take it out. so we said we'll participate with people who have reciprocity. we're still waiting. >> for them to offer reciprocity. >> yes. >> do you think they might in the future? >> i mean i hope so. i imagine they will be forced to eventually if -- you know, if they don't choose to. but i think the idea that, you know, you hold your users hostage and they have some reasons for it that don't make sense. >> what are their reasons. >> they claim it's a privacy issue, but it's not really. they do it with yahoo!. they just don't do it with us. i think, you know, you don't want to be holding your users hostage, and we felt that -- we

want there to be a competitive market. we want other companies to be able to do things. we think it's important that you as users of google can take care of data. you can take it out if you need to or take it somewhere else. >> this might be one o ever the very great competitions in business, facebook and google and amazon and apple. any trust questions as well. today's new yorkx, they weigh against google. >> there's antitrufts questions about how powerful gaggle is becoming in europe and if the antitrust questions are answered in the affirmative that google has become too powerful in europe, it could certainly have an effect here. facebook has been facing those questions. but facebook, too, has its oven lawsuit. it's class action lawsuit that came up a couple days ago as the ipo was viewing. both involve privacy. the sources that i speak to say once these are decided we're

going to know the future of these companies because we're going to know if they can continue to do business the they do it or change the model. if they have to change the model, it will be lesser income, lesser revenue for their companies. >> thank you for joining us this morning, erica. there's confusion over a recommendation for a prostate cancer test. we'll ask cancer survivor digger phelps about it. tomorrow we look at a possible cure for hiccups. you're watching "cbs this morning." [ male announcer ] if you have yet to master the quiet sneeze...

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a say a man jumped over a railing at niagara falls plunged 180 feet on monday. remarkably he survived and he's believed to be the third person to go over without a safety device and survived. critical condition. welcome back to "cbs this morning." quite a story there.

there are controversial new medical guidelines out this morning aimed at every man in america. a government panel says men should not have routine psa screening tests for prostate cancer. >> this disease is the second leading cause of cancer deaths in the united states, it kills 33,000 men a year. with us in studio 57, dr. otis, of the american cancer society, with us former notre dame basketball coach and prostate cancer survivor digger phelps. pleased to have both of them here this morning. what are you saying? >> well, i don't speak for the task force, but what the task force actually said was, that when they look at prostate cancer screening in the population there are more men harmed than helped. >> harmed how? >> unfortunately a number of men identified as having prostate cancer have a disease that is cancer but it doesn't need to be treated and cured. many of those men are treated. the treatment actually can cause heart attacks, it can cause

blood clots, it can cause death. a number of bad things can happen when you start getting medical interventions you don't need. >> digger phelps, what do you say? >> i say personally my experience, april 28th two years ago i found out i had prostate cancer and what i did, was went to the university of seattle and hudson cancer research center and looked at all the options and decided to do the robot surgery. charlie, from april 28th to june 8th, the fear of the unknown was the living hell for me. once the surgery was done, and dr. ellis and dr. rice said we took care of it, it's out, this is on june 8th two years ago, then june 11th i got the biopsy report back. i didn't know this, but every capsule in our body has four layers. my cancer was in my third layer. ready to come out the fourth. they say that they got it out and they checked the lymph nodes. i started doing physicals twice

a year when i turned 60. back in october to april, my psa jumped from about 2 po 3.44. that took, what, the psa is a blood test with all the other tests they do with a physical. the second part was this, the physical part took 15 seconds and the tenderness was there. that's when i knew there was an issue. but the point is this, when i survived that, knowing that it was like if i waited from october to october that cancer could have come out of that layer and spread and that's the concern i have. the second part of this is the cancer awareness. especially prostate cancer awareness. charlie, women are all over this. one out of eight women get breast cancer. you see pink everywhere doing many events during the year. one out of six men get prostate cancer and i've said on the 6th of every month we should be wearing blue. go back to the past college basketball season, the black men in this country coaching, the african-americans, the last week of february when they found out the awareness, one out of five

african-americans get prostate cancer. what did you ein college basketball? last month, last week of the season the month of february, every coach wearing a blue tie for the awareness. so as far as i'm concerned, this information, men are macho, they don't want to hear about i have to get a test. now i think we're taking a step backwards and going to see more guys putting off the awareness of check yourself out. that's what bothers me about this. >> doctor, he brings up a point about men being macho. it's hard enough to get a man to the doctor. are you concerned this will keep men from going for a regular checkup? >> i'm more concerned what we've been doing in prostate cancer with our awareness is giving men a reason not to trust us in medicine. this is a test that actually leads to a series of medical interventions that could kill more americans than help more americans. now what the task force is against is routine screening. what i would prefer to see is what i'll call selective screening within the

physician/patient relationship. we need to tell men the potential risks, we need to tell men the potential benefits and let them make their own decision. we need to not dupe men into thinking there's always benefit with this and everyone's going to get helped because some people are going to be killed because they get the test. >> so doesn't that disagree with the approach about awareness. >> i think the awareness has gone overboard. i think we need to be smart about it and tell men that there are risks to this test, there are scientifically known risks, scientifically, the risks are better proven than the benefits right now. >> digger phelps is shaking his head. digger? >> i just think there's nothing wrong with the test. you do a blood physical for all blood work. it doesn't matter if it's your cholesterol, doesn't matter if it's your sugar and throw in a psa. the physical takes 15 seconds when you take a look at what's going on with these men doing it. now you're backing men away who completely say i don't need to do this. i disagree because i'm a survivor.

tubby smith from minnesota, had it last summer took care of it. jim boeheim from syracuse, jim calhoun from connecticut. we as coaches are role models that say listen, men, step up to the plate, take a swing. you can decide if you want to swing or not swing but get the exam and let you and your doctor decide. >> that's what i'm concerned about. now men who are macho are going backward on this altogether and you're not going to see men do any testing. >> you're worried doctors, men who might have the risk not going to see their doctor because they don't think a test is necessary but seems you two agree on this one point, you ought to talk about this with your doctor whether you need a test or not, right? >> i do think -- >> charlie, my own situation, the doctor saved me. the doctor, if i waited until november that cancer would have gone through that fourth layer and then get in my lymph nodes who knows once it breaks through where it goes in your body. i took care of mine, got rid of it. i don't want to worry about the prostate anymore.

>> given what we know scientifically, there are some men who will find out what we know and decide they don't want to get screened. i think those men should be respected. there's some men who will want to get screened, i think those men should be respected. and i do want people to realize at this point, the harms of this test to the population as a whole are better proven than

he was convicted of he was convicted of spying on his college roommate and then committed suicide. dharun ravi has been sentenced to 30 days in jail. does the punishment fit the crime? you're watching "cbs this morning."

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start your free trial today. the conversation with digger phelps and the doctor will continue online because it was so intense. we now turn to gayle and talk about what's coming up in the next hour. >> it was great conversation. thank you, charlie. danny meyer says when it comes to restaurants, hospitality more important than food. we'll see you right after the break. ♪ [ instrumental ] [ boy ] i used to hate eating healthy stuff. but badger likes it, so i do too. i used to have bad dreams, but not anymore. [ barks ] i used to be scared of the basement. but when badger's with me, it's not so bad. [ barking ] [ announcer ] we know how important your dog is to your whole family.

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>> santa clara county sheriff larry smith is about to reveal more information about the arrest in the kidnapping and murder of sierra lamar. piece of washington is live in san jose with a news conference is moments away. >> we are actually inside the santa clara county sheriff's office just minutes away from the news conference where we hope to learn more about the suspect. we do know his name is anton garcia torahs are arrested last night at safeway and morgan hill facing charges of kidnapping and murder in the case of sierra lamar. we hope to get some answers when the news conference begins in just a few minutes. >> the news conference is scheduled for 8:00 this morning.

,,,,,,

>> we are still following problems out of south san francisco. 101 by oyster point there was a gravel spill. they still have the far right lane block off. speed sensors are super slow all the way down south 101. if you have a flight to catch at sfo you might want to consider 280. in the meantime we also have slowed traffic heading out of downtown san jose. >> partly cloudy skies around the bay area. we will see more sunshine towards the afternoon but the wind will be kicking up outside. this afternoon is not bad but some strong w,,,,,,,,

mark zuckerberg took facebook public he made $80 billion. $80 billion. even mitt romney was like, dam! dam markey markey you're peeling that cheddar. that's how mitt romney talks. people don't know that but he does. away from the cameras he's like huh-uh. >> i didn't know mr. ferguson spoke that way. very cool. it is 8:00, welcome back to "cbs this morning" i'm gayle king. >> i'm charlie rose with erica hill. the former rutgers stounts who used a web camera to spy on his roommate will go to jail for 30 days. >> as michele miller reports a new jerse judge gave ravi a life sentence but a tough lecture at monday's hearing. >> i heard this jury say guilty

288 times and i haven't heard you apologize once. >> reporter: former rutgers university student dharun ravi sat emotionless as the judge handed him a 30 day jail sentence. he could have gotten 10 years behind bars. the judge based the lighter sentence on the fact that ravi was convicted of bias crime not causing tyler clementi's death. >> you cannot expudge the conduct or pain you caused. >> reporter: in september of 2010 he used a web cam to spy on clementi his roommate of only three weeks and another man having a sexual encounter. ravi invited friends on twitter to watch. days later clementi jumped off the george washington bridge to his death. >> even i had no idea of the despair and torment tyler must have been feeling and i thought i knew him. >> reporter: clementi's mother

tearfully pleaded for justice before the court. >> tyler and i had been very connected, so much so i felt like a piece of me died in december of 2010. >> reporter: ravi did not make a statement monday but broke down as his mother begged for lenien leniency. >> he has been living in hell for the past 20 months. >> reporter: under the sentence ravi will serve three years probation and must complete 300 hours of community service and also has to pay $1900 in fines and $10,000 to a charity that helps victims of biased crimes. ravi is said to begin serving his time next week but prosecutors plan to appeal, calling the sentence insufficient. for "cbs this morning," michele miller, in new prince wick, new jersey. 48 hours correspondent erin my yarty and cbs legal news analyst jack ford joining us at the table.

when i got the breaking news alert on my blackberry yesterday afternoon i thought i was reading it wrong. were you as surprised as i was? >> this is really why i love this business. >> why. >> covering this area, because yes, you think you know what's going to happen and i was surprised. it was far more lenient than anyone thought and clearly i think the prosecution was surprised because they indicated in court yesterday that they would appeal this. >> is the judge sending a message do you think and what is the message if he's sending one? >> i think the judge is sending a message and made it very clear in court even during the trial he made it clear he thought this law was muddled, did not feel like the new jersey legislature had anticipated this kind of action to be included as a hate crime. there was no violence, threat of violence. so the judge was basically saying, i'm not going to make this young man have this entire sentence for a law i don't believe was intended for this. >> what do you think, jack? >> i think it's interesting. and what you're going to see is

this, because it is an unusual application of this law, the defense has been arguing from the very beginning that, you know, it's unconstitutional, maybe not on its face but in its application. the interesting thing, as erin mentioned the prosecution has come out and said that we're going to appeal this. what you have to understand is that the defense gets to appeal a lot of things. the defense if you get a guilty verdict by a jury you can appeal it if you get a sentence you don't like, you can appeal it. >> the prosecution doesn't appeal very much. if you get a not guilty the prosecution can't appeal. generally sentencing prosecutors can't appeal except this. new jersey has four levels of crime, first most serious, fourth least serious. why that's important if the law says if you're convicted of a first or second degree offense even if you're a first offender there's a presumption you go to jail, not mandatory. for a judge to get away from that, there has to be a specific reason and what the prosecution is saying, and that's one of the

instances where the prosecution can appeal, if a judge drops down from a presumption and does something else. you're going to see them jump in here saying this was the wrong sentence and we'll make our argument -- >> the argument was made he was at risk for a ten-year sentence. >> right. >> what does the prosecution think would have been an appropriate sentence? >> the range would be -- ten would be the maximum. the range on a second degree is five to seven. my belief is, and erin you can chime in, if the judge had imposed anything within that five to ten range, even if the judge had dropped down a couple years but still made it three years in prison, maybe two years in prison i think the prosecution probably would have accepted that and it sounds as if the family of the victim here probably would have been okay with that. when judge the dropped down and essentially sentenced him as if it was a third degree, a probation sentence, stung him with 30 days in jail, when he jumped down there as i said it

gives the prosecution a chance to appeal and changed the dynamic dramatically. >> i thought so too. we're all listening to the heartbreaking testimony from both sides and kept thinking about the clementi family listening to mrs. ravi the burden her son has faced and difficult it has been for him and no one seems to have heard anything of remorse. it felt so mind boggling to me. >> i think that's what also, how unusual what this judge did, usually if you're not going to give someone that presumptive prison sentence it's because the defendant is unusual, he showed remorse, you know, he helped out with the police, but this young man was the exact opposite and, in fact, the judge made a point that he tried to cover his tracks. he deleted 86 e-mails from his text messages actually from his cell phone. so it's not really clear. i think the judge could have overturned the verdict right when the jury came back. that would have been a bigger deal.

i think now he knows okay, maybe i'll be overturned on this sentence and just have to resentence him. >> one last point here. i'm struck by how much attention this gets. this trial is above the fold in a color photograph in "the new york times." >> certain cases are message cases, they send a message, get us to think, they get us to involve in a dialog about what a law should be, what it is, and i think this is one of those cases. plus, it has such an impact on everybody.

imagine doing something in high school that cost you almost $700,000 and we're not talking about keeping the coach's house. one man's nightmare because he downloaded and shared music before they made the rules. and look at what a tv executive, this is a tv executive, caught doing on tape. what's he putting in the mailbox? gross. we'll make that a long story short. you're watching "cbs this morning." what makes hershey's s'mores special?

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to deposit checks at the nearest citibank branch. ♪ like this one. ♪ or this one. ♪ or, maybe this one. ♪ but when it's this easy to use citibank mobile check deposit at home...why would he? ♪ woooo! [ male announcer ] citibank mobile check deposit. easier banking. every step of the way. a 13-year-old b a 13-year-old boy in washington state says he thought he was going to die when he came a few feet from going over a 270

foot raging waterfall, managed to catch himself on a narrow ledge where he remained overnight before rescuers figured out a way to bring him out by helicopter. he's expected to be fine. welcome back to "cbs this morning." oh, gosh. >> a story to tell. glad he's okay. as we looked around the web this morning we found a few reasons to make a long story short for you today. according to our cbs station wbz in boston, a harvard study found when people talk about themselves, their brains light up as if they were eating good food or getting moneyp that's good news. nar sissist. >> the next story from "the huffington post," it's kind of tough to watch. a father apparently playing with his young child at the lawn dro mat puts the kid in a washing machine which then locked once it started up. the parents obviously terrified as the child spun around in the machine, after a minute a worker did manage to unplug the

machine. the child is okay suffering minor bruising. i'm not okay after watching that. i have to tell you. i can't imagine why that was a good idea to play in the first place. >> glad the boy is okay. cbs wreg says a mississippi woman fell in love with a foreclosed home after she closed on it, her unemployed husband fixed it up and planned to sell it for a profit and then they found out they bought the house actually next door. the realtor blames the mortgage company. long story short we can say big, big huge mistake. >> huge. huge. >> "the new york post" tells us about a woman fired from her job because she was too sexy. she says. lauren says her bosses told her to tape down her breasts to make them look smaller and also gave a red bath robe they wanted her to wear to cover herself up which she called shocking and humiliating and filing a

complaint. she worked for a company that sold lingerie. >> including a song or two, i'm thinking. >> all righty then. our cbs atlanta station, wgcl says a man is accused of not being very neighborly because he left some dog poop in the mailbox. bob, hello bob, how do you say his name? >> fermad. >> former president at cnn headline news, caught on video dropping off the surprise right after walking his dog. fermad says he's had a long-running feud with his neighbor, faces a $180 fine and embarrassment of the people who know him. you worked at cnn. >> i worked with his son. had orientation with his son in 2003. >> so proud today. >> he worked there a long time, gosh 17 years or something. retired a long time ago. >> his son going thanks, dad, thanks. thanks a lot. it is one man's disgrace.

joel was fined $675,000 for 31 songs and now he is fighting this to the end. you'll find out why citibank. citi is the o let's go right out toward self

san francisco.

we continue to follow this traffic alert so they still have one lane block off on southbound 101 by oyster point boulevard. you can see that it is jammed solid as back as the 280 interchange. that was going to be an alternate but now we see a lot of brake lights along that stretch as well. a lot of cleanup crews are still on the scene. out to warm it creek, we're getting a new word of an accident near highway 24. >> patchy fog around the bay area today, getting more sunshine though and we will see more towards the afternoon. as we had throughout the day we are expecting a wind to be kicking up. fifties' right now but towards the afternoon those temperatures

somebody's on the highway in seattle. are they driving the speed limit? yeah, they are. welcome back to "cbs this morning." are you ever just looking for a little peace and quiet? the truth is you have to go a long way to find absolute silence. >> jeff glor went looking in the great outdoors at olympic national park in washington state and he sometimes spent

time indoors in the world's most quietest room. >> perfect, no sound. no manmade sound. the other is artificial. both offer something we hardly ever experience today. the absolute sound of silence. deep in the rain forest of olympic national park in the northwest corner of washington state there's a place that to gordon hempton means nothing because there is silence. this tiny plot of land, a five-hour drive from see eight and a two-hour drive from that is the singest most quietest place in the lower 48 states. >> why is it so quiet? >> because it's in the corner of the united states and it also gets so much cloud cover. >> reporter: and once we approach the location, hempton

allows no one to speak. >> if you speak or start doing the zipper thing, if i get you checking your i'm or anything, you're going to get a look that will haunt you for the rest of your life. >> you want no sound. >> actually i want only the sound of nature. >> it sounds like this. [ birds chirping ] >> when you put the headphones on, it was an awakening. it was unbelievable what you hear. do you get that reaction a lot? >> i get that reaction all the time. >> reporter: i mean i was hearing things that i never heard before. >> right. >> reporter: hempton has been tracking souchblsd silence for 30 years looking for locations that are ininterrupted by manmade noise. he said they're disappearing

fafbt. >> noise pollution has increased at unprecedented levels. hearing loss is the number one occupational illness. so think as the world is getting noisier and noisier and we feel the assault, we really realize, you mow what? quiet is an essential quality of life. there are no quiet places. >> this is the room on the right. >> reorter: well, there is one. >> it's freaky looking. >> it is. >> reporter: but it's by no means natural. >> first of all, why are we floating? >> because this is called a full anechoic chamber. >> the world's quietest room is completely soundproof. decibels can reach an incredible negative 9 compares to 2 at the airport, 59 in a car, 57 if

you're lucky in a quiet office. >> this is the only place you'll ever be where the only thing you hear is the source of the sound and you hear no background noise level. >> reporter: anechoic chambers can test almost any product, even an air force plane but not even this one. >> people gould nuts in here. people could. >> reporter: after just a few minutes. >> there are people who have walked into the room, taken one step onto the floor, said they were disoriented and they didn't want to be in here and they walked out. >> reporter: total silence can with so jarring some experience hallucinations. hempton said the longest someone from the outside has lasted inside the chambers for 45 minutes. they lockedmy in. yo orfield and the crew took over productions and didn't free me

until 46 minutes later. >> it's bright. >> coming in and assaulting me with the camera? >> that's right. >> tell me about your experience. did you hear your heartbeat? >> reporter: i heard my bodily sounds. i guess the bottom line is it is very difficult to achieve silence. >> it is. it's very difficult. the world, in my view, is way too loud. >> reporter: 1,600 miles away, gordon hempton might not be able to hear us, but it sounds like he agrees. >> there is a tremendous momentum that's been created by industry that's telling you that noise is important, play it loud, be loud, live loud. well, quiet is the new loud. >> i love that piece. >> me too. >> me too. >> was it jarring for you. i mean this very seriously, when you got back to new york city because you live in the city, too, did you start to notice

sounds you hadn't before? >> gordon said he can teach you to listen to things you hadn't heard before. i put the head phones on and i heard things i hadn't heard before. he said if you listen enough, if you open yourself up you can train yourself. >> that's what bird watchers do. >> i love the thing in the piece where you said quiet is an essential quality of life because your stomach gurgling, which by the way you clarified because i'm like, what the heck. >> no. you're inside there. you hear your heart beat, you hear your stomach gurgle, and then what happens is because there's no sound, your ears start to manufacture sound that isn't actually there, and that's i was starting to hear something in my left ear because your ears and your mind creates those sounds and in some cases you can create those images. those are the hallucinations. >> you the tell which ear it

was? >> yeah. >> what kind of sound was it? >> it sounded like a machine to my left and i don't think it was. i think it was a compensatiocom >> do you think you could have lasted 45 more minutes? >> molly forced me out because we had more to produce. >> molly the producer. >> it's a jars experience. very different to sit in there. completely different than the natural sounds we talked about which is the no manmade sounds. >> can anybody go with gordon or -- >> anybody can go up there. gordon guards this place very carefully and he doesn't want people -- he duchblt want them to speak about there. if you go, it's in the whole rain forest in the olympic national park. it is a hike to get there, no doubt about it. but it is truly gorgeous, and when you sit there and listen -- >> a beautiful piece. >> while we were watching the

piece, there was total silence. >> that's true. >> it doesn't happen that much, does it. >> no, it doesn't. >> not with tony it doesn't. tony, he's very chatty, tony is. thank you, jeff, thank you. >> thank you, guys. from the sound of silence to ka-ching, danny meyer's restaurant bridges in $100 million,,,,,,,,,,,,,,,,

shake it up. that's perfect music for our guest today. opening a restaurant is gamble because about 60% fail within two years. danny meyer has done it 25 times and 24 of those places are still open. >> his remarkable success is based on the idea that hospitality is just as important as food. the owner of some of new york

city's most popular restaurants is on the cover of "wine spectacular" magazine. danny meyer, welcome here. your restaurants go from museums to places that are really out on the street. is there one secret you think has given you this success in the restaurant business beyond hospitali hospitality? >> i think, first of all, i adore great food and nothing makes me happier than to see people enjoying good food and wine and jazz musical and milk shakes but i think at the end of the day there's so much product out there and the companies that to the best are the ones that make you feel the most welcome. >> so the experience is as important as the food. >> think the experience is trumping the food. >> really. trumping the food. >> this is not a way to say that the food should not be absolutely critical. everybody's tweeting about food, logging it, taking pictures of it, but the one thing at the ended of the day you cannot take a picture of is how i made you

feel. that's what i look for for people to come back. >> you give people hq. >> hospitality quotient. the notion is if we put all of our eggs into the basket of trying to identify the people who over and beyond being great grill cooks and great servers and great somm somerliers. we know what the skills are. >> you are? >> you can get my book. no, but basically it's exactly who you are and everyone on this show from the minute i walked in has a high hq. people who are kind, curious, they've got an amazing work ethic, they're empathetic, self-aware, and they've got integrity. >> and we want you to know we're very happy you're here. wi want to know about your

background. i thought your balkground was fooch food. if things had gone differently, you could have been a lawyer. >> i was privileged. i was a poly sci major at trinity college. i was following the path i was supposed to, getting a law agreement i was literally on the eve of taking it. i was about as depressed as i ever was in my life. i lields why waste the one life i've got. >> how did you end up with food. >> i was lucky enough to have an uncle who said why don't do you the thing you've been talking about your whole life and i was blind to it. he said, all you every talk about is restaurants and food. so many of us have this thing inside of us and we repress it

because we do what we think we're supposed to do. i feel it's the single greatest thing in my life. >> to go there is not the experience. you wait a long time in line. you wait to get a hamburger and milk shake. >> think that is the experience. >> the experience is waiting in line? >> people are pack animals and they love being with other people and if the benefit of going to shake shack is you get to meet someone and do something -- >> so waiting in line for an hour for a hamburger. >> instead of a rainbow, you get a shake shack burger. >> i waited in line for an hour for a shack shake burger and it was good. >> you thanked danny and said, thank you for making me wait and if the burger was bad, you'd

say, how dare you do this for me. >> i lerned from your producer, she would buy a dozen and put them in your freezer and then your toaster oven. i don't recommend that. >> the burgers are amazing. i have wait and you do form a bond with people. you say, why are we waiting in line? it's because it's a really good burger. you've had great success. you say, there's no such thing as failure as lodge as you fail with integrity. i love what that means. explain. >> i think when we closed our one restaurant, tobla, we decided this is tough to look at the employees and say you're not coming to work in three months -- >> you didn't close it overnight. >> we gave them a quarter of a year notice. >> how long had you been in business? >> 13 years. >> 13 years, there you go. >> i don't consider it failure, but it proves the point you hear from everybody all the time. there's no success if you don't fail. you have to learn what it feels

like to fall down to get to enjoy it. it's like watching my st. louis cardinals. the winning streaks are so much better after the losing streaks. >> thank you, danny. >> thank you. a year ago today this high school student's life changed forever. we geel to last night's graduation where the president honored him and his classmates. you're watching "cbs this morning." ,,,,,,,,,,,,,,,,

tornado killed 161 people in joplin, missouri, including two

high school students, president obama told this year's graduating seniors they are a source of inspiration to him and to the nation. >> the president went joplin last night to mark today's anniversary of the stofrmt brm. ben tracy is there as well. good morning, ben. >> reporter: good morning, charlie. this is where joplin's high school used to be. when the tornado came through, it destroyed the school. it's been a tough year for a lot of students. but at last night's graduation, the seniors, especially one of them, will never forget who gave their commencen't address. most high school graduation s don't warrant a visit from the president but this is not just any school. >> you learned at a younger age than most of us you can't always predict what life has in store. no matter how we might try to avoid it, life surely can bring some heartache. >> reporter: when the tornado's

200-mile-an-hour wind blew through joplin last year, it may have leveled the high school, but not its resolve. just 87 days later this temporary school was opened in a joplin strip mall. donated laptops replaced textbooks lost in the storm. none of those changes at school phased clinton anderson. at that point, nothing could. >> quinn's journey has been joplin's journey. >> reporter: the tornado literally came right through your house. >> yeah, literally. >> reporter: this is where quinton's house used to be. when the tornado hit he huddled in the hallway with his parents bill and sarah. the 17-year-old woke up in the hospital with a fractured skull, a broken back, and around unbearable loss. >> i knew my parents were dead and the house was gone and it was kind of like the realization like, you know, i'm an orphan now and i just have my sister. >> what do you miss most about

them? >> i miss my mom's smile and i miss my dad's goofy laugh. kwr quinton graduated from joplin high with honors last night and more than a mention from the president. >> quinton says that his motto in life is always take that extra step. >> reporter: does this still hurt at all? >> actually i can't feel it. >> reporter: despite the injuries that still scar his legs, quinton's taking that step, but it's walk he now faces alone. a lot of teenagers don't think they need their parents. i imagine you have a very different perspective now. >> you don't really realize how much your parents do for you until they're not here anymore. you might as well make the most of your life each day and pray for the next one because unfortunately you might not be here tomorrow. >> reporter: quinton plans to enter college in the fall and study molecular biology.

meanwhile they going to have a groundbreaking for the new high school which they hope will be open by 2014. >> anything else that the town plans to do to commemorate today? >> reporter: yeah. there'll be lots of events all over town. the main one is called the walk of unity where many are going to getting together and retrace the steps of tornado and then a moment of silence at 5:41. that's exactly when the tornado hit. on a mappier note, a lot of events to thank the volunteers. 130,000 people have come to this town to help out, donating 800,000 hours to rebuild joplin. >> what kind of support did he have after he lost his parents and his house? >> reporter: well, he still has his sister. his sister grachls they give each other a lot of support. but this community has really rallied around him, his friends, his teachers, a lot of folks at the school. he doesn't feel as alone as you might feel without your parent bus clearly there's a void there nobody can fill. >> that does it for us here.

a

>> good morning everyone. we're learning more about evidence in the sierra lamar case. the sheriff talked a short time ago about dna evidence on discarded clothing that belong to the 15 year-old girl from morgan hill. that implicated a 21 year-old who was arrested last night and charged with kidnapping and murder. sierras mother says the family has not given up hope. >> her body has not been found and so many people have record- breaking numbers showing up at the search center, thousands of people. law enforcement is doing it simultaneously and i believe there is a reason why she was not found and we are not giving up on that >> she issued a plea today for

the suspect to tell authorities all he knows. we will continue to follow this story throughout the day.

>> good morning, we have good news and bad news with your commute along southbound 101 through san francisco. an earlier traffic alert, the good news is all the lanes are open near it oyster point

boulevard. the bad news is look how slow traffic still is in that area. southbound 101 is backed up as well as the alternate, 280. in walnut creek they just shut down a connector ramp from southbound 682 westbound 24. speeds are very slow right now on southbound 680 and a live look outside where silicon valley is slow and go through milpitas >> still a couple of patches of fog. the wind will be kicking up out towards the ocean beach. you will see some blowing sand in the afternoon there. in the afternoon, '50s and '60s at the beaches but some women to sustain that 20-30 m.p.h.. the next few days we will continue to watch temperatures fall, the wind will continue to

blow and it will warm up on the weekend. weekend. ,,,,,,