good morning to our viewers in the west. it is thursday, may 24th, 2012. welcome to studio 57 at the cbs broadcast center. i'm charlie rose. breaking news. new york city police have a man in custody in the disappearance of etan patz 33 years ago. concern overnight after nuclear submarine burst into flames. >> i'm erica hill. the fallout from the botched facebook ipo continues and overcrowded everest, why it's dangerous as ever. i'm gayle king. a warning for millions that take calcium pills. they may do more harm than good and when i see you at 8:00, country music star ronnie dunn stops by studio 57. >> we begin with a look at today's eye opener. your world in 90 seconds.

>> breaking news in the disappearance of 6-year-old etan patz. >> new york authorities hold a possible suspect in a 33-year-old mystery. >> this person of interest was picked up yesterday by police. >> the man made statements implicating himself in the disappearance of the boy. >> firefighters responded to the fire onboard the sub. >> a nuclear submarine goes up in flames in a new england shipyard. >> the sub's reactor is not on and is safe from the fire. >> this president may be a nice guy is simply not up to the task of helping guide an economy. >> his working assumption is if ceos and wealthy investors like him get rich then the rest of us automatically will too. >> the new poll has governor romney pulling ahead in the critical battleground state of florida. >> i'm grateful also to the latino coalition for the

invitation. >> what do you get when you put a british stuntman into a helicopter without a parachute? >> i apologize for misconduct of these employees in distraction that it has caused. >> former president bill clinton poses for a lot of photographs. this one was a couple porn stars. >> that's a lot of hay. >> that will take a while to clean up. >> we wouldn't have if we listened to the muttering idiot sitting opposite of me. >> back to the old days when brits were barbarian. >> what do you know about writing a book that i don't know about writing a book? >> words and all that matters. >> m.i.t. researchers say they have solved that problem of that ketchup stuck at the bottom of the barrel. >> on "cbs this morning." >> i'm only truly qualified to give you three simple tips on how to proceed in life. one, cut a hole in a box. captioning funded by cbs

welcome to "cbs this morning." we begin with breaking news here in new york city. a possible suspect is in custody in the case of etan patz. he's the 6-year-old boy who disappeared on his way to school in 1979. >> senior correspondent john miller is here with the latest working the phones all morning. what do we know at this hour? >> what we know is that yesterday new york city police detectives went to question a man named pego hernandez in camden, new jersey. they sat him down in the office of the district attorney and put him through the paces and at that point they say he implicated himself in the case. last night they took him up here to office of the manhattan district attorney and at that point he's still not charged with a crime. they are still talking to him. now he's in new york city. overnight he allegedly made further admissions admitting to killing the boy and describing how he did it and what he did with the body.

>> so they believe him but they want to try to confirm it with other evidence? >> that's going to be one of the problems, charlie, which is you have a case where they gathered a lot of evidence about the disappearance but you have an individual who is giving them a story implicating himself where these are details that really only he has and the key part of this is if he could say i buried a body and here is where it is, you can dig that up and you could confirm his story. at this point the way he's describing how he disposed of the body, investigators are telling me it looks unlikely that it will be found. >> do we know why they went to see him in the first place? >> this is a cold case that was reopened by the manhattan d.a. in 2010 and they put together a list of suspects that needed to be looked at again. there's been a prime suspect in this case for years. jose antonio ramos. this would take him out of that loop. the prime suspect list was a list of ten and this is not a name that was on the top ten.

now we've seen a basement dug up a month ago as they searched at one potential suspect. they've been through a couple of others. this is somebody who is way in the background of this story. >> initial reports did say that he lived and worked in the neighborhood at the time of etan's disappearance. >> we worked at one of the stores that was frequented by the family. i don't think we can read too much into that. everyone in the neighborhood was interviewed in the days after the disappearance. you have someone in the interrogation room that made admissions and given details. they are talking about potentially charging him later today. and they are talking about a press conference possibly as early as this afternoon. >> john, thanks. the navy is investigating a fire aboard one of its nuclear attack submarines.

the uss miami was docked in maine when the fire broke out wednesday. >> seven people were injured but the sub's nuclear reactor was not impacted. bree seeson of our boston station wbz is in kittery, maine. >> reporter: they say the safe environment here is due directly to area firefighters. the "uss miami" was docked while it was being worked on. a fire broke out in the front of the submarine while people were onboard. a nuclear reactor was not in jeopardy during the fire apparently. the admiral says it's been shut down for months and remains stable. no weapons were onboard but theres with a fire in the torpedo room so if weapons had been on board this could have been an entirely different situation this morning. the tight spaces that were

burned were a hazard for emergency crews. one firefighter taken away on a stretcher last night. we got an update that all seven firefighters injured are now at home with their families. again, everyone is safe and the fire is out. according to navy officials, that's because of quick work from multiple agencies. >> the fire spread to spaces within the submarine that were difficult to access. the heat and smoke contained in these confined spaces made it challenging for firefighters to combat the blaze. i want to emphasize that the heroic actions of the firefighting teams averted what would have been a much more severe situation. >> reporter: operations are back to normal but a full investigation is under way to determine exactly how that fire started for "cbs this morning," i'm bree seeson in kittery, maine. president obama is out west raising thousands from supporters from silicon valley showing the president is losing ground to republican challenger mitt romney. >> romney is pushing back against democrats criticizing his business experience.

jan crawford is in washington. jan, good morning. >> reporter: good morning, erica. this is really a critical period. voters are learning about romney and his proposals so what we see is the president fighting to introduce romney to the american people. he is stepping up his attacks on romney. romney is showing that he's going to fight back. >> he just doesn't have a clue what to do to get this economy going. i do. >> reporter: romney responded aggressively on wednesday to obama's attack on his work at bain capital and questions about his qualifications to be president. in an interview with mark halperin of "time" magazine, romney turned the tables. >> right now we have an economy in trouble. and someone who spent their career in the economy is more suited to help fix the economy than someone who spent his life in politics and is a community organizer. >> reporter: in the past two weeks the obama campaign rolled out several attacks on romney in

his time at the private equity firm bain capital. >> he's running for president and if he's going to run the country the way he ran our business, i wouldn't want him there. >> reporter: so far it's not working. instead of a bump in politics opinion for the president, recent polls show romney's approval ratings are on the rise and sharply so in the key swing state of florida. with the attacks failing to resonate, the obama campaign is hitting even harder. in california last night, the president turned up the volume with attacks that sounded almost personal and placed himself on the side of regular americans. >> i think he's drawn the wrong thing on experience. he seems to believe that if ceos and wealthy investors like him are getting rich, that the rest of us automatically do too. >> there's a new nbc poll out showing the president narrowly leading in three key swing states. he slipped below 50% and romney

picked up a lot of ground to really tighten that gap. as the president himself said yesterday in his speech, the selection is going to be close and these attacks are going to keep coming. >> jan crawford, thank you so much. also in washington, mike murphy. good morning. what's behind this rise in the fortunes of mitt romney? >> you know, it's kind of hard to quantify. mitt has had a good week. he's had a good week psychologically. people in washington on the republican side are now wondering when the next fund-raiser may be they can show up at. this is only the third inning and sometimes we get these daily tracking polls and they move two points and that one guy is ahead. margin of error can be three or four. this is a tight race for a long time. you do have happening now an attempt by the obama guys to take the economy out of romney's biography to use it too after the president's biggest weakness and romney guys fighting back will be the struggle all summer

long. >> is it working if romney numbers are going up and obama is below 50%. >> my guess is in chicago they are disappointed. i think they thought he could roll out bain silver bullet and spend money on advertising in key states and romney campaign headquarters would be on fire running around and instead romney has had a tick up. there's probably some head scratching in chicago. that said, they have done the polling. they think these bain class warfare attacks work and they'll commit to them and grind them into advertising and from their point of view take another look in a few weeks. i'm not sure they believe this romney bump is permanent. my view is we don't know yet. we have to litigate the issue and ultimately the bigger issue might be in europe because for all of the fighting we got in domestic politics, if the american economy hits a problem it will come here and bad news for the president. >> when you look at swing states, there is polling coming out now. do they mirror the national polls which show romney ahead or

is there different perspective? >> that's a great question, charlie. truth is that it is close both places. a week ago in the national polls moving better for romney, the state by state electoral college outlook looked better for obama. but now it's getting tighter there too. you saw numbers now in virginia about in the margin of error and there's a pull out from florida that has romney up six points and one out today has obama up six points. bottom line is that it is close everywhere. it's third inning. the thing isn't baked yet. no doubt this summer is a key period where the obama guys are going to try to wreck romney on the economy and romney can't let them do that. >> because it is close, is there anything looking at mitt romney's campaign where you think he should change focus? >> i think they are doing pretty well. i like the first three days commercially he has running in key states. one part of the bain story he'll have to tell is explain a bit

about those bain investment accounts. he was hired by firm to manage. those are pension funds for teachers and financial security is linked to those investments and it can't look like he was making money only for himself. >> mike murphy, good to have you with us. thank you. life isn't getting any easier at facebook. on wednesday some investors in last week's stock offering sued the company, its executive and morgan stanley, the investment bank behind the ipo claiming morgan stanley should have evealed falling revenue forecast for facebook. >> there's words that facebook is considering moving from nasdaq to the new york stock exchange. facebook stock went up as the market opened but far below the starting point on friday. rebecca jarvis joins us now. good morning. >> charlie, good morning to you. this is a question of whether facebook continues to trade on the nasdaq or move to the nyc. that's just smoke and mirrors according to my sources. changing to a new exchange would make zero difference to

facebook's stock price. they failed to disclose to all investors that facebook was xperiencing a "pronounced reduction in revenue growth." sources tell me it will be difficult to prove that because the laws about selective disclosures are not clear cut and because facebook did issue public documents before the public debut, this signaled that the social network's growth was slowing. facebook, morgan stanley say these are meritless claims and it's common practice on wall street for banks to selectively share information with big clients before an ipo. you might be asking yourself how can this happen? why would big investors get different information than you or i would? the answer is that big investors pry to an ipo meet with a company and the firms who are selling it and in those meetings which are known as road shows, big investors get access to special information and guess what. it is entirely legal. so we look at this and we say

the answer will set a new precedent potentially or it will go back to the old. charlie, erica? >> rebecca, thanks. u.s. officials urge pakistan to release a doctor who helped the cia find osama bin laden. on wednesday the doctor was sentenced to 33 years in prison for conspireing against pakistan. he ran a vaccination program that collected dna samples and he confirmed bin laden's location. pakistan's foreign ministry says the u.s. should respect the court's sentence. new information on an alleged security leak by the obama administration. officials are accused of telling hollywood filmmakers too much about the raid that killed osama bin laden. >> chip reid is in washington. >> reporter: good morning to you and good morning to our viewers out west. it's no surprise that the obama administration would enthusiastically welcome a movie about the killing of bin laden but some critics say what's surprising is how far they were willing to go to get that movie

made. newly obtained documents reveal the obama administration went out of its way to give access to two well connected hollywood filmmakers. while asking a cia official to speak to one of the filmmakers, a public affairs officer wrote i know this is a little outside what we typically do but we're trying to keep his visits a bit quiet. sources tell cbs news the white house put the movie on the fast track. aggressively looking for ways to help. republican congressman peter king says the administration crossed the line. >> i give the president full credit for this raid. it seems as if the white house was content to let that be enough. i believe they could have compromised secrets. they could have put people's lives at risk. >> reporter: the documents were obtained by judicial watch. they reveal that the director and screenwriter met with top national security officials, gained access to seal team 6 and

visited the cia where some of the planning took place. administration officials say the meeting with seal team 6 never happened and officials who did meet with the movie makers did so to make sure they got the facts straight. a pentagon spokesman said this is something we do every single day of the week and this is not driven by politics. even so, many officials including former defense secretary robert gates in an interview with charlie rose expressed frustration over how much of the bin laden mission has been leaked. >> the night of the bin laden raid and the assassination -- >> the one where we pledged we would never go out public with operations. >> how long did that last? >> five hours. >> reporter: some critics accuse the white house of helping to get the movie made before election day. the white house denies that. the movie is now set for release after election day in december. charlie and erica? >> chip reid, thanks. time to show you some of this morning's headlines from around the globe. the boston globe says unibomber

ted kaczynski cannot attend his harvard reunion this year but he did update his alumni information listing his occupation as prisoner under awards he wrote eight life sentences. "the washington post" says babies born by c-section may be more likely to get fat. a new study finds c-section babies are twice as likely to be obese at age 3 than those delivered normally. "usa today" reports memorial day weekend is the most dangerous holiday of the year because of drivers running red lights. a new report shows more than $2.3 million -- drivers in 18 states ran a red light at some point last year. new york daily news reports the yankees could be up for sale. the steinbrenner family is exploring the idea after the los angeles dodgers sold for more than $2 billion. it's estimated the yanks could be worth up to $3. the team president denies those rumors. china looks at beijing's new rule for cleaning its 12,000

public toilets. no more than two flies should be >> announcer: this national weather report sponsored by citibank. citi is the official sponsor of team usa. together every step of the way.

hundreds of climbers are lining up on mt. everest, ready to rush for the summit while there's still time. warnings of a potential catastrophe this weekend. we'll talk with a film maker who was there this week as four climbers died. and a judge throws out a lawsuit by the parents of a suicide victim featured in the new documentary "bully". we'll ask the producer about that ruling and why the movie left out some important information. you're watching "cbs this morning." bowerman.

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we don't recommend trying this anywhere. in england, though, a stuntman wearing a special flying suit dropped 2400 feet, no parachute, landed in cardboard boxes and walked away without a scratch. that's good news. again, don't try that at home. the question is, why? for yearsossible heart attacks and strokes. a new study confirms there's a connection.

>> good morning everyone. let's get caught up to some of the bay area headlines. fund-raisers for president obama's bay area visit, to last night and one this morning at the fairmont hotel in san jose. that event starts in about one hour from now and then the president goes to moffett field. the man accused of kidnapping and killing sierra lamar will be in court this afternoon for the first time. antolin garcia-torres will have a public defender for that appearance. brian young has his job back and safeway with back pay after being suspended for confront the man he said was abusing a man he said was abusing a pregnant woman.

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>> let's go out to the bay bridge toll plaza where the metering lights are on and we had a small fender bender by treasure island but all lanes are open. unfortunately it left us with a backup jammed solid to the 880 over crossing. westbound 237 still slow out of milpitas. >> plenty of sunshine out there right now, looking good, but in the afternoon the wind will kick up again especially towards the coast line. temperatures now in the '40's and '50's. low to mid 70's this afternoon, ',,,,,,,,,,

you know, it's hard to know where life will take you from here, what adventures you'll have, which sitcoms you'll write for. but my advice to you is simple. dude, you just finished college at harvard. you worked so hard. trust me, you're going to kill it. i went to santa cruz and then transferred to film school, and i'm rich. >> there you go. words to live by from andy sandberg of "saturday night live". welcome back to "cbs this morning". it's tough to imagine a traffic jam on the world's tallest mountain but that's exactly what's happening on mt. everest. a backup is blamed for four deaths this week.

officials fear more trouble is coming this weekend. >> it is perhaps the ultimate test of strength and endurance. pitting man against the tallest peak in the world, nearly 30,000 feet above the ground and temperatures that can plunge 75 below zero. but in recent years a different sort of danger, traffic jams. a result of the increasing number of people making the claim. the death zone, region above 26,000 feet where no living thing can survive long due to the lack of oxygen in the air. >> the hillary steps can only be traversed one body at a time. and you suddenly, as happened this year, dozens of individual climbers waiting for their go on the crest of everest and waiting for as long as two hours. nobody in their right mind waits at the summit of everest for two

hours. >> this weekend four climbers died in one day while descending from the summit. among them german doctor and canadian shia who set up a dedicated facebook page for what was supposed to believe of the trip of a lifetime. >> the challenge of everest is whether an exhaustion and personal fitness. and like all great climbs, everything goes well until it doesn't go well. then when it doesn't go well it goes very bad very quickly. >> an estimated 200 climbers were also trying to reach the peak that weekend, raising questions about whether too many people are climbing everest. the escalating numbers are thought to be to better climbing gear, not to mention customers willing to pay more than $100,000 for the experience. plain old infatuation also plays a part. >> every climbing season it seems more and more and more

people come, almost obsessed in a kind of psychotic passion. >> but in spite of last weekend's tragedy, the deadliest incident on everest since 2004, another 200 climbers are expected to try to reach the summit over the next few days. for "cbs this morning", clarissa ward, london. david breashears has been on everest 14 times. reached the summit five times. he was on the mountain last weekend when those four climbers died. welcome. >> good to be here. >> you know a lot about this. what's going on? >> well, there's a lot of things going on. this year the mountain is particularly crowded. the weather wind was very con trained. and you have this very interesting mix of people who have a high degree of ambition and desire to reach the summit of everest. and sometimes not the commensurate amount of

experience to get themselves up and down safely. >> so what should be done about that? >> well, we talked about all the time and spoke about it a lot at base camp. there is this idea, especially when it comes to mountaineering of free will. no one is forcing those people up the mountain. no one is saying you have to put down $60,000, $70,000, $80,000 to come here and lead yourself into harm's way. it's a very complicated question on how you're going to regulate an opportunity which at its essence is the expression of free will. >> it's not regulated at all even in terms of the number of permits that are granted. >> there's no regulation whatsoever. nepal charges $70,000 for a permit of seven climbers. they will sell as many permits as they need to. >> do you think that more people are attempting to, too, because it seems more doable because we can talk about it and see it?

>> it absolutely seems more doable. i was the 135th person to climb in 1983. they were the only team on the mountain. there were 750 people between the sherpas and others on the great shore base camp this year. we had a 13-year-old boy climb, a 73-year-old woman. i think the oldest man is in his late 70s. we have an incredibly wide variety of people climbing the mountain. over 5,000 people now. what that says to someone sitting in their living room is this. if they can do it, i can do it. >> how many times do you want to do it? >> do i want to do? well, at the moment five has been enough. really i was quite shocked and i don't want to say intimidated but overwhelmed by the numbers of climbers on the mountain this year. when you see the photo of 300 people leaving camp 3 for the

high camp at 26,000 feet, literally climbing cheek to jowl, that is inherently a dangerous situation. there are just too many people packed too closely together. and you're climbing with people. you have no idea their skill level. are you the talented mountaineer or a novice learning the ropes as they go. >> more people are killed coming down than going up? >> this year that seems to be the case. and i think that would be representative of many. people treat the finish line at the top as the finish line. and they ex pen all their energy, every bit of drive and determination getting to the top. and there's a lot of euphoria associated with that. you need energy to get back down to the safety of the high camp. >> what's it like to be there?

>> when you leave the high camp you're at 26,000 feet. there's a third of the oxygen that we're breathing in this room. you're hypoxic, pro frownedly sleep deprived, malnourished and dehydrated. those factors can affect people's ability to make good judgment and they end up climbing together -- not as sheep but it appears to be going upwards without the ability to make good decisions. >> thank you. great to see you. >> it's good to be here again. >> david breashears with us this morning. more than half a million women take calcium to keep their bones strong. you may want to hear what it could be done to your overall health. you're watching "cbs this morning". today i'm talking with melonie who loves to garden

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you tell me if i'm right or i'm wrong. okay. so we send the s.e.a.l. team 6 in and they get osama bin laden. yeah, yeah, yeah. the republicans never got around to it. it slipped lower and lower and lower on the republican agenda. am i right so far? >> i'm not sure about that. >> but at some point george bush said i don't think of that. >> that's true. >> but he said it. he did say that. okay. so we're together so far. >> come on, come on. come on, bill. come on. i'll tell you my job is getting harder by the minute. >> a new medical study is raising more questions about one of the most popular over the counter supplements. it shows people who take calcium pills, which millions of americans take every day to protect their bones are more likely to have heart attacks or strokes it. >> it may affect your heart.

dr. steinbaum at new york's lenox hill hospital. good morning. >> good morning. >> so what do you think of this study? what warning does it have for all of us who many men and women take calcium supplements? >> i think it brings to light the major issue that just because you can buy it over the counter and just because it's in a vitamin shop doesn't make it something that's safe. a vitamin is not benign. it's not necessarily the right thing for you. in this study what we really see is that although we have heard calcium prevents osteoporosis and fractures it may increase the risk of heart disease. there's no thing such as the one size fits all prevention plan. everyone should not be on on a vitamin supplement like calcium. if you're at risk for osteoporosis, maybe it's right for you. if you're at risk for heart

disease, it may be dangerous. >> so the study found 86% more likely chance to have a heart tack. but it didn't find the cause. it talked about possibly flooding of calcium. so we don't know the cause. could it be it's the pill form or calcium itself. >> when you take a calcium pill it actually floods the system. all the receptors that are on the blood vessels can take in the calcium which can lead to plaque formation. when you eat the calcium gets absorbed very slowly. and it doesn't have that surge of calcium like taking a pill would give you. so that's one of the possible reasons why you're at risk. the other is that in the study a lot of the women taking it were older women. and heart disease tends to prevent post menopause when women are old stpwhrer is there a number?

i know you need to discuss this with your doctor. but for people at home, is there a number they can say this is too much calcium for the day, plus meals, plus broccoli. >> i think it comes down to you shouldn't be taking a supplement. it should come down to all diet. maybe taking a calcium supplement at all may not be right for you. that's what you need to talk to your doctor about it. is a calcium supplement right for me at all. there are other ways to get calcium. diet. weight-bearing exercises prevents osteoporosis. there are other things you can do to prevent osteoporosis. >> smoking is a risk. obesity is a risk. >> when we talk about the risk factors it's high cholesterol, high blood pressure, diabetes, family history, smoking, obesity, sedentary lifestyle.

and stress and depression and all of other things. and really each person needs to be risk stratified in terms of what the risks over a period of time is. this is by getting your blood pressure checked, your cholesterol checked or sugar levels checked. if you are at risk by having multiple risk factor, calcium is not the best for you. i think it's about prevention being unique to each individual. not everyone should do it. we can't make global recommendations like that. >> good to have,,

a teenager a teenager takes his own ife.a teenager takes his own his parents say bullies drove him to do it. the movie "bully" told his story. you may have seen it. the judge said school officials did everything they could. we have the family's reaction to that controversial rulingment you' ruling. you're watching "cbs this morning". well hello, welcome to hotels.com. summer road trip, huh? yep uhuh let's find you a room. at hotels.com, you'll always find the perfect hotel. because we only do hotels. wow. i like that. nice! no. laugh...awe hmm nice huh ooh, yeah book it! oh boy call me... this summer, we're finding you the perfect place - plus giving you up to $100 at hotels.com

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>> time for the news headlines from cbs five. president obama is wrapping up his silicon valley fund-raising swing with an event at the downtown san jose fairmont where he spent the night. the event was originally scheduled for palo alto but was switched to san jose at the last minute for logistical purposes. after he will fly out of moffett field. the man accused of kidnapping and killing sierra lamar as a court date this afternoon at the san jose hall of justice. antolin garcia-torres,,,,,,,,

>> westbound highway 4 we have

an accident blocking one lane and look how jammed up is just behind that scene. speeds below 25 m.p.h.. still slow through pittsburgh all the way to conquer. southbound 101 approaching marsh road, another scene of an accident. slow through redwood city and into menlo park. >> we're starting out mostly sunny around the bay area. the wind will be kicking up. we have clear skies well inland, just a few patches of fog towards the immediate coast. los 60s in concord and fairfield. plan on cooler temperatures, 60s inside the day but the w,,,,

>> bc comics is reporting one of its main character will come out soon as gay. yeah. not only that the justice league will be compromised of a cop and an indian chief. >> you saw that song ymca. it's 8:00. welcome back to cbs "this morning". i'm gayle king. >> sending two governors to prion is enough for my prosecutor's resume, but he's done much more than that in his long career. >> as dean reynolds, chicago's most feared law enforcement since the untouchables is

touching down. >> good morning. good morning erica. for more than a decade the squariest words to come from chicago were these, patrick fitzgerald wants to talk to you. mob bosses, corporate crooks all faced the music under the direction of the 51-year-old federal prosecutor who followinged a simple rule from perjury to parking tickets. >> the truth is the engine of our judicial system and if you compromise the truth the whole process is loss. >> he prosecuted leaks from the cia and lying in the white house, convicting libby for obstruction of justice. he was tenacious but fair. >> when push came to shove and it came to doing the right thing he did the right thing. >> before chicago fitzgerald was assistant prosecutor in new york

where he helped to bring down those behind the 1998 bombings of u.s. embassies in africa as well as the 1993 world trade center attack. but it was from his post here that fitzgerald oversaw thousands of prosecutions, including two that ended in the convictions of successive illinois governors for behavior that seemed to offend him personally. here he was announcing the indictment of governor rod blagojevich. >> is this a sad day for government. it's a very sad day for illinois government. the conduct would make lincoln roll over in his grave. >> whatever it may have done to lincoln it ended with blagojevich taking up residence at a federal penitentiary in colorado. fitzgerald has no immediate plans and reportedly plans to take the summer off before considering his next move. he's regarded as a possible head of the fbi. fitzgerald was so obsessive

about his job that he would from time to time leave cooked food in his oven for months. no reason for his departure now has been given but he may shed light on that in a press conference scheduled for later today. >> obsessive. >> think so. you leave your food in the oven. i'm thinking since he's not saying where he's going he has some plans. this isn't a guy that has to idea what his next move s-i don't believe. do you know him? >> i've met him. what interest mess about him is how good he is prosecuting. >> very good. >> the recent documentary of bully focuses on five victims including one who committed suicide. a judge dismissed a case against skoonl officials. >> much of the nation got this first look of tyler long in the

film "bully." >> all the kids assault you and things like that -- >> the documentary opens with home videos of the teenager as a child before his parents david and tina long say the torture began at school. >> we heard he had his head shoved into a wall locker. some kids told him to go hang himself, that he was worthless. and i think he got to the point to where enough was enough. >> tyler's body was found hanging by a belt in a closet. the film follows the longs as they grieve their son's suicide and call out school officials for not doing more to stop the bullying they belief led to his death. in 2010 tyler's parents sued the murray county school district in georgia. but the judge threw out the case. he acknowledged that tyler who

had asperger syndrome, a mild form of autism endured constant bullying but the cool did not have a custodial relationship with tyler and daily gently investigated each reported incident. in a statement tyler's parents said we are shocked and saddened by the judge's dismissal of our case and tyler's life. the school district said the judge's ruling affirms that the case was not valid and that everyone involved did their best for tyler. the longs may have lost their battle in court but say they will continue to fight to bring about change and keep their son's voice alive. for cbs "this morning," terrell brown, new york. >> with us now is producer and co-writer of "bully." your reaction to the judge's ruling. >> what the judge is saying is he was subject to constant bullying on the basis of a

disability and that school officials knew that this was going on and that they did not do enough to prevent it. so on the one hand the judge is saying, acknowledging that he was the victim of severe bullying, and yet that no one was accountable to respond adequately enough to make sure that it stopped and i think that that is the standard that we want our schools to uphold, that if someone is being bullied and response is not enough to make it stop then we have to change tactics, we have to follow up, we have to make sure kids are protect. >> agree with that too. when i first heard the judge's ruling how could he make that designate. then i read further you didn't include in the documentary he suffered from asperger's and possibly diagnosed with bipolar disorder which can be linked to suicide and the judge also said he had been in a car extent, that he wrecked his car and least suicide note and didn't mention bullying in that. so when i look at the

documentary there were some things that were omitted. did you omit it for a specific reason because i think that adds another layer of the case to tyler's story. >> the reason we didn't include that tyler had asperger, that regardless whether he had a disability such as asperger that doesn't mitigate the responsibility of schools and communities to make sure he's not being bullied and being protected within the educational environment. we felt that one in 88 kid today is being diagnosed with autism spectrum disorders. we don't want to say in some way he's different so in that way he was bringing the bullying on himself. >> it speaks to the point, i think, that bullying may not have been the only cause. the school said every time there was a complaint about bullying they dealt with it. there was a big space between the time he was bullied and the time he committed suicide. i just think it adds a whole different lying to what the

judge was thinking. >> the judge pointed that out in saying they had daily gently investigated each reported incident. >> i would say that, you know, each reported incident, that means reported incident that was documented, that were on paper that doesn't include phone calls and doesn't include many times where things witness things and didn't go to an adult because within that environment kids, i think, learn that the bullying that tyler had been a victim of had largely gone unpunished, that there was a sense of impunity and that's a common phenomenon. most kids do not report when they have been victims of bullying or seen it. >> they don't even tell their parents. >> absolutely not. >> real quickly, how much of a responsibility do you think the school district or administration has compared to say the parents and the rest of the community? >> you know, i think it's something that everybody has to work together on. it's not just on the school staff. it's up to parents to teach

their kids values. however, when we send our kids to school i think we do have an expectation that they are safe when they are within the walls. we have to send our kids to school. and i think that we want kids to be safe there. i don't think it's just parents. educators want to create positive cool climates. this is why we're seeing such an incredible response to the film from teachers, from educator, from the national education association who are saying let's get this film in every school in america so we can have these conversations, so we can work together, so we don't have a tragedy and where it's very hard to have that conversation about look, these things are going on. we need tools. we need resources. we need help to effectively deal with this. those channels of dialogue often quickly close when you have a tragedy like that and it's very hard to move forward. >> at the very least you got the conversation going with bullying, with your documentary.

very powerful. something people need to see. thank she did not break the law but a high school coach who went to the prom with a student is now out of work. we're going to hear from both of them right after the break. you're watching cbs. ( telephone rings )

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check it out. you know that last little bit of ketchup in the bottle. watch it slide right out. a group of m.i.t. engineers invent ad coating that goes inside the bottle. they say putting it in every bottle could save a million tons of food being thrown away.

no hitting it with a knife. welcome back to cbs "this morning." >> does it change the taste of the ketchup? >> i was wondering too. >> a coach admits she made a mistake going the high school prom with a member of the team. >> melissa said nothing inappropriate happened only a little dancing and ping pong. as michelle miller reports she was dismissed before the team could celebrate its successful season. >> reporter: melissa and john arrived last night the picture of partnership, two coaches who had their high school track team to win this year's oregon championship but the 41-year-old woman may never coach this team again because she accept ad prom invitation from a boy on the team. trevor thomas who is 17 says he asked her because she had never been to a prom. >> it's like taking your mother to a dance. >> reporter: but the coach had

an alter ormotive. >> this student was on my list to talk about some issues at school. >> reporter: so you saw it as a counselling opportunity? >> yeah. i said let's make a deal, that will be fun, let's talk to your parents and i'll go home and talk to my husband about it. >> she was trying to help one of our student athletes be a better student. >> reporter: there was never any question in your mind he was going to be -- >> no. >> reporter: here they are stand out citizens. john's father helped found nike and nike supported his son to build the athletic program at two local high schools. still after the prom the school superintendent reprimanded her and stripped her of her volunteer coaching job. would you have ever expected this reaction? >> no. obviously not. this has turned out to be a disaster. >> reporter: but following

prodoll the school district asked the sheriff to investigate. >> as soon as i got into this thing the second or third interview it was very clear to me there was nothing criminal. >> reporter: nothing sexual in nature. >> right. >> reporter: your relationship with trevor he in rear crossed the line? >> no, never. >> reporter: you were not having a relationship with trevor? >> i've got a relationship with every kid on that team, but nothing of any sinister nature. >> reporter: or sexual nature. >> no. >> reporter: at last night's ceremony there was plenty of support for the fired coach as she found one simple way to leave her mark on the kids she had long helped. for cbs "this morning," michelle miller in oregon. >> who is going first? >> you go first. >> i don't think she should have been dismissed. at first i thought a little weird why would a student want to go with his teacher but then you see he was trying to do her a favor because she had never

been. she wanted to talk to him, whatever the issues were, the parents were okay. i don't understand it. you're the attorney at the table. i would really like to hear from the attorney. >> don't think there's a legal issue here, is there, according to what the policeman said? >> like you said, for a lot of people thought this is one of those icky situations. very inappropriate and feels gross and then when you dig down and learn more about it what his parents said, what her husband said and what the police said it's a different story. >> i still would like to see what mr. rose says. it's not a legal issue but i'm curious, everybody has an opinion, charlie, what's your? >> have an opinion on a zillion things, i don't need have an opinion on everything. >> okay. that's his way of saying i'm not saying. >> shall we move on? >> let's move on to sex. >> okay. >> okay. charlie did not do a lot of

dishes. the good news is older people are enjoying sex but the bad news is older citizens are be getting stds. stick around you're watching more cbs "this morning". >> announcer: this portion of "cbs this morning" sponsored by party city. nobody has more summer for less.

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we have some new information on this video we showed you tuesday. the little boy who got locked inside a washing machine. first report said it was the boy's parents putting him in there playing around. on wednesday mom came forward saying that was not her, it was the babysitter. the man is the sitter's friend. the mom does believe it was an accident. she says she'll think twice before letting that woman babysit again. >> she doesn't have to think twice. the answer is, no. we have a jam-packed studio 57. look at this combo in the green

room. country superstar ronnie dunn and nacho,,,,,,,,,,,,,,

>> time for some news headlines. the suspect in the sierra lamar case makes his first court appearance this afternoon. the sheriff says that dna evidence from her clothing ties antolin garcia-torres to the crime. berkeley's police chief is where the spending how he responded when his sons of iphone was stolen. officers lot to hours of overtime. the chief says that investigations may involve multiple officers depending on the circumstances and the location of the signal. president barack obama is holding a private fund-raiser in san jose meeting with supporters at the fairmont hotel. he attended two e,,,,,,,,,,,,

>> it is officially busy now. we were doing so well at the bay bridge but there was a fender bender approaching treasure island. jammed solid to the macarthur maze, at least a 20 minute wait to get onto the bridge. everywhere you see one of those stab is is a different accident being reported.

280 is free and clear. we still have an accident on highway 4 and it is really jamming up the ride through antioch. >> mostly clear skies around the bay area with some patches of fog along the coastline. otherwise we are looking good. it will be very windy outside this afternoon. temperatures in the 40's and '50's and even some '60s in the valleys. cooler it livermore today, 76 is one of the warmer spots in fairfield. windy through san francisco and 62 degrees. a weak system drops into the bay area tomorrow and get a chance we could see some rain over the north and the east bay hills. sunshine and warmer weather,,,,

welcome back to "cbs this morning." thanks to many factors from online dating to modern medicine, more senior citizens today haverying to get information out there

with a public service announcement. lee woodruff has the report. >> reporter: at first glance it seems like something taken straight from the kama sutra. men and women posing in sexual positions has a message for sexually active seniors. it has this group of seniors shaking their heads. do you need a shock like that, do you think, to get people's attention? >> for me it's not only shocking, it's like -- i mean, this is real. this is not what i'm used to looking at. >> reporter: it's meant to serve as a wake-up call to older adults. >> i would hope people would not turn away because of their own reservations because the message is what we need. >> reporter: according to the centers for disease control, over a five-year period, from 2006 to 2010, reported cases of

sexually transmitted diseases in people aged 55 and up rose dramatically. and a 2010 study from massachusetts general hospital found men over 50 are six times less likely to use a condom than men in their 20s. >> as you get older, people are not so much worried about pregnancy, but what about possibly contracting an std? that's something that should be thought about and considered. i think we all agree, use of condoms was basically for birth control. and now we have to educate people that condom is the tool we do have for prevention. >> if we're going to talk about our generation, what on earth is wrong with saying, hey, i'm a safe sex person? >> aids or hiv or, these are hard core issues. you can't take a pill or a shot.

it's my responsibility to find out how i can protect myself. >> reporter: the increase of stds is attributed in part to a combination of post menopausal women, who are no longer at risk of getting pregnant -- >> why would you let something like erectile dysfunction get in your way. >> reporter: and older men are taking advantage of the expanding erectile dysfunction drug market. these senior citizens say it's creating russian roulette mentality. >> men don't want to use condom because it interferes with maintaining an erection. so they don't want to wear a condom. >> you think of the consequences of getting a serious disease, i think, you know, it would propel the men and women to do more to prevent this. >> reporter: it's also the doctor's responsibility, they say, to make stds part of the conversation during routine office visits. do your physicians talk to you about this issue when you go in for checkups and --

>> only if you prompt them. >> reporter: she's not asking if you're sexually active? >> no. >> no. >> no one is asking, either my regular primary physician, my urologist, nobody's actually asking that question. >> my doctor and i have conversations about what's going on, so of course he's not going to say, are you getting any or any of that stuff? so, i'm giving him information. and if i feel the need to say, well, you know, i think i need to be tested because i may have put myself at risk, he'll say no problem but i have to bring that up. >> reporter: can i ask the million dollar question everybody out there wants to know, are are seniors having jus much sex as the rest of us? >> clearly. >> i think they're having more, quality sex, enjoyable sex. >> you're saying it's better. >> it's better. >> it is. >> it's easier. >> it's much better.

>> it's much better. >> it improves with age. >> like fine wine. >> think of how beautiful a sunset is. it's glowing. >> there you go. >> reporter: you're glowing, too. so you're doing something right. >> it's much better. much, much better. >> love them all. >> aren't they the best? >> i had the reaction a couple people on the panel had that when you first look at it, it is kind of -- but then you have to think about the seriousness and how effective it is. >> i don't think there's statistics on how effective it is. when we first showed that psa to their seniors, they were like, we don't wear clothes like that. they were concerned they weren't looking stylish enough. we had the most interesting discussion during this shoot. they're very serious about the issue. many of those four are in positions in living facilities or apartments where they're trying to educate others.

>> are seniors have sex, yes, we are and they seem to be enjoying sex. that's good to know. >> gayle, there's hope for us as we head into our sunset years. i found that incredibly uplifting. they were open, honest, candid about the whole thing. they're in their 60s and 70s so they're in the prime of life. >> gayle asked you -- do they really feel -- >> it took them a while. we actually desensitized them. we showed it like ten times because we kept trying to get different reactions and make them think about it. they thought after the third time, after they got over the shock of some of those positions, we all learned something through that, that, you know -- >> some of the positions were a little interesting. >> yes. we edited some out. be sure to check the website. but they did think it would be effective. they thought that the message was one that would shock their age group. >> it gets your attention. before you came we did a story about a high school coach who

took her student to the prom. mr. rose had no opinion on that. i'm just wondering -- >> come on, charlie. >> you can try till the cows come home. >> that's why we love gayle because she won't give up. >> a

i always say if you're born in hawaii, you surf. if you're born in argentina, most likely you play polo. >> what's the thing you're best at on the field in. >> i'm tough. i'm not the most talented guy. i run, i hit people hard, i never give up. >> you're determined. >> oh, yes, determined. >> determined and talented, right. welcome back to "cbs this morning." nacho figueras is the face of polo on and off the field. in fact, this heart throb, you could call him a heart throb, is also called the david beckham of polo. >> he plays a sport associated with the upper class. trying to make it more main stream in the united states. nacho figueras is with us this morning. welcome. >> good to be here. >> how is it going making polo more popular? >> it's going really well, i think. it's going to take a while.

it's a hard task but we have polo cup coming up on june 2nd at liberty state park. and we sold out tickets in two weeks -- >> two weeks? >> yeah. so i'm really excited about that, looking forward to it. and i think that people are responding. >> i assume prince harry, the fact he likes polo, adds to the popularity? >> obviously, that always helps. whatever these kids do, seems to get a little attention. and i think it was great that we had him in the first event. it really made the event. now, unfortunately, he's not able to be with us, but i think that, you know, people had really gotten into it and people are following -- >> nacho, you're still there. you're still there and you're still on the horse. listen, the first time i went to a polo game, you were there. i couldn't even tell you what i was looking at. i was busy looking at you going back and forth, back and forth. there's something about the game that i think, the majesty of the horses and the men on top of the horses. it's a tough sport, rough sport

and you like it because why? >> well, i agree with you 100%. it's not that i'm trying to sell, you know, something that's not fantastic. i think polo is a sport that has a lot to offer. it's fast, like you said. a lot of things are going on. my passion is -- main passion are horses. that's what i love the most pand it's really fun. it's a fun thing to do with your family, your friends. >> with your family? >> yeah. >> really? >> i played polo with my son. he's 12, starting to play polo. >> something you can do together. >> something you can take from generation to generation. it's a wonderful sport. not just to play but also for spectator. >> because of your association with ralph lauren, your face of ralph lauren in some ways, you have achieved a popularity. and fame. where does that go for you? >> i absolutely think that the relationship with ralph lauren has been the platform for me to

get a little recognition to be able to talk about the sport that i love and the thing that i am trying to do with -- and absolutely having that opportunity to work with that man has given me all the recognition the magazine ads -- >> it's exposed you to a whole different audience. you're the face of polo, you play polo, how cool is that, number one. did ralph lauren find you or did you find ralph lauren? how did this happen? >> no, he found me. but, you know, i think that now after 12 years it's -- i wanted to stay -- to be on the team. he's a fantastic person. someone i respect a lot as a person. just his company. i like him as a family man, a leader and he's a real inspiration for me. >> that's what i like about you, too. you're a family man, happily married, your wife is a knockout, just as gorgeous as

you are. you have three children. i wonder, do you ever get tired of people saying, oh, you're so good looking. when you walked in today, someone said, i don't know what he looks like. they said, when he walks in, you'll know who he is. how do you handle this mantle of people thinking you're good looking. your heart is bigger than that, is the point i'm trying to make. >> i'm happily married to the most gorgeous woman in the world. i don't think about it. and i try to use whatever this thing happening to me to promote polo and also this coming saturday the polo match to benefit the work to ride program, this amazing program my friend -- >> exposing kids who don't normally get a chance? >> yes. use polo as a vehicle to stay out of trouble and to learn and to do great things. >> it's always good to see you. >> wonderful to see you.

>> nacho figueras. if you did any line dancing about 20 years ago, i bet you you were listening to books and dunn. they two-stepped away from each other and now ronnie dunn is here to talk about his life as a solo act. how's he doing? we'll find out.,,,,,,,,,,,,,,

♪ she lives in l.a. new york city been around the world ♪ brooks & dunn wore more awards and sold more records than any other duo in country music history. after more than two decades together, they split up in 2009. >> so ronnie dunn is now out with his solo album called "special edition" and he joins us in studio 57. hello, ronnie dunn. >> hey. >> hey. so, how does it feel all by your lonesome? >> it's kind of wild. the other guy did all the talking most of the time, i just sat back and would screw with my

hair every now and then and sing a song. >> i heard you say you waited your whole life to produce and work on this album. >> well, yeah. kicks and i both came to down looking for solo gigs years ago. he was working with someone at aristar records when i first moved there, only there for a couple months. and the label head introduced us. we thought we were going to be songwriters together. i thought he was being brought in to songwrite for me and he thought i was being brought in to songwrite for him. after we went in and wrote three or four, went in the studio, recorded them, came back and played them for the guy and he says, you want a job as a duo? >> wow. >> well, we looked at one another and thought -- >> why not? >> that's one way to go. >> and you continued to write. >> we did. >> how is it now to write alone? >> it's -- the process is the same. i mean, i bring a guy sometimes

that are buddies, take them out on the road with me on the bus, we write. it's pretty much the same. >> i've listened to it, ronnie. i have to tell you, i have so many favorites. if i had to pick one, knowing me as you know, which one would be my favorite? >> "last love i'm trying". >> big surprise my yeiya angelo loves country music and she wrote about you, you share the love and human condition. >> you step back and take inventory. she'll go deep on you. >> yes, yes. >> there was -- there was a dynamic going on when i was doing the record. and i think my wife, who i've been married to for 22 years, as of last saturday. >> congratulations. >> i was playing a honky tonk in

texas. but when we ended brooks & dunn she thought, hey, we're going to slow down, it will quiet down, come back and be the dad and husband i needed to be. >> how many children do you have? >> three. and i just went crazy working on this record. got into it and i was -- studio guys all over town and different places. she sat me down one night and said, look, i think you might be coming apart. she said it's not working out at all like i envisioned. why don't you take some time off and not push yourself. the label was pushing me to go right -- and kicks, too, to go right into our deals and start rolling. to the point of having a single out while we were still on the brooks & dunn tour. >> so, she sat you down. i love that phrase, my wife sat me down. >> she sat me down. >> all husbands like that. >> and i was in real good husband mode which means i shut up and i listened to everything

she said. she said, i think you need to stop writing and concentrate on how you need to make the music sound, you know. she said i know you're working on your look. >> the whole package. >> yeah, there was a little tattoo issue out in l.a., but we got that taken care of. >> will you come back together? >> what? >> will you come back together and play? >> with brooks? >> yeah. >> are you kidding me? never. >> what is it -- >> yeah, i'll play -- >> you parted on good terms. >> oh, yeah, we did. we're still really good friend. i hear from him on the road. i'll text him and he calls me and says, where are you, i'm in l.a. in a honky tonk, a beer joint. >> audiences will occasionally want you to have a reunion. >> yeah, yeah. i get snippets every now and then, stuff like that. >> you have a tie to johnny cash. >> my wife had been friends with

johnny jr. for years. do you guys remember the car that john sang about, one piece at a time? it's a song where the guy worked in a car factory and they would steal parts and put this car together. >> one piece at a time. >> well, my wife's husband, who passed away, had built this car, one piece at a time and took it to john. so, they obviously struck up a friendship over that. >> all right. >> so, she had known johnny jr. way before i came along. i won a talent contest back in the late '80s. we went into town to nashville to do some work with that. and she took me over to john and june's house. >> there you go. i love your wife said you're working on your look. is this the look you want, before we go? >> i don't know. i'm going to go talk to nacho about that. >> he's a good look. >> most han sodsome guy in the world? >> congratulations,

congratulations. >> his special edition cd is on sale you now

>> good morning. the man accused of kidnapping and killing morgan hill teenager's sierra lamar heads to court this afternoon. antolin garcia-torres will have a public defender during his first court appearance. he's being held without bail. late night bus service might be added as part of a proposed budget. but bart board will hold a meeting and are expecting an 8% increase next year due to an increase in rider ship. president obama visiting the fairmont hotel in san jose right now and then he is off to moffett field to catch air force one >> we're looking at we

conditions developing around the bay area today, mostly clear skies outside right now but as we head through it will be okay until the wind starts picking up. high pressure is trying to get in here but the low pressure will drop in along the coastline. partly cloudy skies and even a chance of a shower on friday. 68 degrees today in san jose. 74 in santa rosa and '60s into santa rosa. in it looks like a holiday weekend will be great, a lot of sunshine coming our way with temperatures warming up throughout the weekend.

>> check out the commute for silicon valley commuters. right now on westbound to 37 we are following an accident approaching zanker road. obviously still pretty backed up heading out of milpitas. on the nimitz we have a stalled big rig approaching high street. now it is stop and go from san leandro down to the oakland exit's. it will be slow heading out of concord towards one the creek and the south bay coming through downtown san jose. have a great day. have a great day.

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