the government recommends new guidelines for treating ebola patients, but they're already being put to the test by states opting to enforce stricter policies. lured in. authorities in washington say a school shooter used a text message to gather his victims before he opened fire. a hawaii neighborhood remains on edge as lava from an erupting volcano continues to fall towards homes. and rob ford is out of office as mayor of toronto but the embattled politician's political career is continuing. this is the "cbs morning news" political career is continuing. this is the "cbs morning news" for tuesday october 28th, 2014. captioning funded by cbs good morning. good to be with you. i'm anne-marie green. well, this morning a patient in baltimore is being tested for ebola.

the unidentified patient is in isolation at the university of maryland medical center and flew internationally. maryland is one of the growing lists of states that ignored federal recommendations and imposed stricter guidelines for potential ebola patients. the federal government issued new guidelines yesterday calling for restrictions for people of the highest risk and monitoring those at lower risks. u.s. troops returning from liberia are being quarantined in italy for 21 days. and the nurse who was isolated against her wishes in new jersey after returning from west africa is home in maine. wendy gillette has more. good morning, wendy. >> reporter: good morning, anne-marie. that nurse may be at home in maine but there's a lot of debate as to how long she'll remain in isolation. health officials want her to be in quarantine for 21 days. after her last exposure to

ebola. but her lawyer says she'll only remain home four the next day or so until he can work out some type of agreement with officials. federal officials are only calling for voluntary home quarantine for only those at high risk for contracting ebola. the cdc defines high risk as a someone with known risk for the virus like a family member treating for someone with ebola or someone stuck with a needle from an infected patient. and travel restrictions, airplane, ship, long-distance, bus or train. and avoiding public gatherings. the white house says the mandatory guidelines imposed by some states are more about politics than common sense. >> these kind of politics should be driven by science. >> reporter: nurse kaci hickox is back at home in maine where she'll remain in isolation.

hickox was in mandatory isolation after returning from sierra leone. >> we're thinking of the public health in new jersey. >> reporter: the debate escalated last week after dr. craig spencer was brought here to bellevue hospital where he tested positive for the virus. dr. spencer's condition remains serious as the cdc, white house and a handful of states continue to debate and disagree on ebola quarantine policy. the cdc says an average of 100 people are arriving in the u.s. every day from the affected countries in west africa. about 5% or 6% of them are health care workers. anne-marie. >> wendy gillette here in new york. thank you, wendy. the centers for disease control says there's a delay in shipping flu vaccines. it's about 10 million doses behind where it should be. some areas are running low but officials say the shipments will catch up and there will be enough vaccine for everyone who wants a flu shot this year. well, this morning lava from

hawaii's kill lawkilauea volcano is just yards away from yards in small towns. the lava started its advance back in august. mileka lincoln of our honolulu affiliate kgmb has our report. >> reporter: usga geologists telling that the lava flow is just an estimated 570 yards from pahoa village road. as you can see barricades are up, law enforcement presence is here and they also have crews trying to work to ensure the stability of the electricity grid here so everyone will have service even as the lava passes through. right now, we're told that the leading edge of the flow that's moving anywhere from 10 to 12 yards per hour is inching closer to a home. right now, it's around 70 yards away.

defense officials tell us they have made contact with the residents there and they have a rather positive outlook even given what they're facing. >> they're obviously very sad because they love where they live. but like many other people, life is changing and they're just adapting to it. i'm sure mixed emotions will come out in the community as this continues to unfold because it is a life-changing event for many. >> reporter: officials have identified there are anywhere from 40 to 50 structures directly downflow of the lava flow's path. they say the majority of those are residents however there is one local business. they have reached out to every single one of those individuals, and they tell us that 95% of them, you have a place to relocate to. there are very few who have indicated they may need to seek emergency shelter. at this time, evacuations are not mandatory, but officials are asking everyone to continue to be vigilant and on alert. they may need to move at a moment's notice. for cbs news news reporting from

pa loa, mileka lincoln. 24-year-old nathan cirillo was standing guard at canada's national war memorial. the gunman who killed him michael zehaf-bibeau then opened fire in parliament. zehaf-bibeau made a video before the attack and talked about his canadian policy and religious beliefs. isis released a new video hosted by hostage cantlie. cantlie is talking from the near the town of kobani. the video contains footage isis claims was taken by an islamic state drone. cantlie said the battle is almost over and that the islamic militants are mopping up. he was captured in 2012. this is the latest video he has appeared in. and police say the student gunman who opened fire at a washington state high school last friday sent a text message to his friends telling them to gather at a lunch table. 15-year-old jaylen fryberg shot five students the a cafeteria

table with a handgun, then he took his own life. investigators are searching fryberg's text, phone and social media looking for choose. >> the question that everybody wants is why. i say candidly, i don't know that the why is something that we can provide. >> two of the victims died. two remain in critical condition. one is improving. nate hatch who was shot in the jaw fryberg's cousin has tweeted, i love you and i forgive you, jaylen. rest in peace. pennsylvania police say they're using a large balloon to search for eric frein. frein is charged with opening fire at a police barracks on september 12th. one officer was killed and another wounded. and one week from today, voters will determine which party will control congress for the rest of president obama's term. our cbs news battleground tracker shows republicans are poised to win back the senate. right now, democrats control the

majority of seats but we are estimating the gop will win six seats and grab a 51-49 majority. susan mcginnis is in washington with latest tactic democrats are employing to maintain control of the senate. susan, good morning. >> anne-marie, good morning. with one week to go, democrats are going on the attack and they're hoping to convince a very important bloc of voters. now on monday, the democratic senatorial campaign released a series in battleground states. they're going after two big issues, senior citizens, social security and medicare. the ads accuse republican candidates of wanting to cut funding for these two programs, very popular entitlement programs for senior citizens. republican opttives slam these commercials, one calling them

predictable and one calling them a farce. wire seniors so important? if you remember in 2010, the big midterms with republicans in control of the house, 21% of the ballots were cast by americans 65 and older. of those, 59% voted in favor of republican candidates. meanwhile, early votes are already coming in, they're already being counted 8.5 million have been counted already. anne-marie, the majority so far have been cast for democrats. >> susan mcginnis in washington. thank you, susan. coming up on the "morning news," the politics of the ebola crisis. how the response to the ebola crisis has turned into a campaign issue. and security scare. main gets close enough to stun britain's prime minister. this is the "cbs morning news." gets close to britain's prime minister. this is the "cbs morning news." sir? (vo) theraflu starts to get to work in your body in just 5 minutes. (vo) theraflu breaks you free from your worst cold and flu symptoms.

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dad!!! ...is coming home. ask if enbrel, the number one biologic medicine prescribed by rheumatologists, can help you stop joint damage. health officials in the u.s. and africa are still trying to work out how to deal with ebola. but it's also an important political issue, especially with battles over quarantines in new jersey, new york and other states. chip reid reports. >> reporter: campaigning for republican candidate chris christie defended his quarantine policy for medical workers returning from west africa. >> the fact is i'm not going to step away for a minute from protecting people of our state and our region. >> reporter: christie, a likely presidential candidate shares a similar position with new york governor andrew cuomo a democrat up for re-election next week who may also have his eye on the white house. >> at the end of the day, i'm the governor of the state of new york. and my number one job is to protect the people of the state of new york and do what i think

is prudent. >> reporter: the white house says those mandatory quarantines are more about politics than good medical sense. spokesman josh earnest. >> these kinds of policies should be driven by science. >> reporter: but republicans say if that's true, why did the president name political lawyer ron klain as his ebola czar instead of a scientist. one week before election day, candidates across the country are trying to use oo ing ting t political advantage in ads and in debate. many republicans including scott brown of new hampshire are calling for a ban from west africa and even for securing the mexican border. >> the clearest pathway to bring anything whether criminal terrorists or diseases is through that southern border. >> reporter: democrats including his opponent jeanne shaheen is firing back. >> what we don't need is fearmongering about this issue.

>> reporter: one independent liberal group released an ad criticizing spending that could have led to ebola vax indication. that ad is titled republican cuts kill that gives them an idea just how tough the political battle over ebola has become. chip reid, cbs news, washington. well, british police are reviewing security measures after prime minister david cameron was stopped by a man on the street. as cameron left a news conference in leeds, north of london, the man ran up and gave him a push. cameron was not injured. the man was arrested and released, police say he was in the wrong place at the wrong time. straight ahead, new leadership for toronto, admitted drug user rob ford ends his time as mayor but he's not done with politics yet. and attention cronut lovers. dunkin' donuts rolls out its croissant doughnuts. croissant doughnuts.

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as toronto elects a new mayor to replace rob ford, voters pose a moderate conservative ending the controversial ford era marked by scandals over his illegal drug use. his brother doug lost the mayoral race to john tory but ford was elected to city council and he hypocriticaled that he may try another run for mayor in four years. on the "cbs moneywatch" a class action lawsuit over potentially defective air bags. and dunkin' donuts gets in on the cronut craze. jill wagner is at the new york stock exchange. with that and more. good morning. good morning, anne-marie. the first class action lawsuit for consumers nationwide has been filed against japanese auto parts maker takata. the company made air bags that could cause metal fragments to fly out and is linked to at

least four deaths. it's led to millions of recalls. the lawsuit claims that takata and automakers toyota and honda defrauded them by concealing information about the faulty air bags. well, the federal reserve starts its two-day meeting today. the fed is expected to announce the completion of its bond-buying program after the meeting wednesday afternoon. but it's also expected to signal a long wait for improvements in the economy before raising interest rates higher. here on wall street today, investors are watching earnings reports on data and durable goods. home prices and consumer confidence. the dow gained 12 points monday. the s&p 500 lost almost 3. the nasdaq rose 2 points. and next week, dunkin' donuts will start selling a croissant doughnut but don't call it a cronut. the new dunkin' donut hybrid will be available nationally for a limited time starting monday.

last year, the cronut started a sensation which prompted a number of similar products. anne-marie. >> i may have to try one or four or six. but nothing like a cronut. don't call it a cronut. completely different thing. jill wagner is at the new york stock exchange. thanks. when we return, costume controversy. walmarts sparked outrage on its website over how it labels certain halloween costumes. ♪ make dinner pop. [coughing] dave, i'm sorry to interrupt... i gotta take a sick day tomorrow. dads don't take sick days, dads take nyquil. the nighttime, sniffling, sneezing, coughing, aching, fever, best sleep with a cold, medicine. [coughing] hey amanda, sorry to bother you, but i gotta take a sick day. moms don't take sick days,

moms take dayquil. the non drowsy, coughing, aching, fever, sore throat, stuffy head, could have grabbed it. the y area woman who found the cash. a san jose state student is behind bars this morning.. accused of driving drunk, a killing a classmate. where police found him. the giants just need one mo win to take the world serie the team plays tonight in ks city at 5. join us for kpix 5 news this morning... beginning at 4:3 go,,

here's a look at today's forecast in some cities around the country. in sports, colt mccoy started the season as the washington redskins third quarterback, but he's a starter, at least for now. mccoy gives washington the lead in the fourth quarter with a seven-yard touchdown run. earlier in the game, cowboys quarterback tony romo goes down with a back injury.

his backup brandon weeden ties the game up late with a touchdown pass to jason waiten. romo would return to the game but after a redskins field goal in overtime, he's unable to get the cowboys in position to tie up the game. mccoy and the redskins win their second straight game. 20-17. mccoy could be replaced next week if robert griffin iii is healthy enough to play. and the san francisco giants are on the brink of a championship. the team left kansas city where they will face the royals. with a win, the giants will claim their third world series since 2010. finally, walmart is being offending shoppers with its website. the retailer drew criticism online with some label called fat girl costumes. walmart changed the listing and said it never should have been on the site and called it unacceptable. this is the "cbs morning news." is is the "cbs morning news."

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a new recovery program for the bp gulf oil spill was announced this morning. $40 million will go to conservation projects to landowners in states affected by the 2010 spill. in the meantime, a new study says the spill left an oily bathtub ring on the seafloor the size of rhode island. three people remain missing in the waters off of miami, florida. they're an 13 people believed to be cuban migrants on a raft that broke apart sunday. ten were rescued monday. peter o'dench of our affiliate wfor reports. >> reporter: these are striking images from a rescue helicopter. a cuban migrant is hoisted up from sea. a life is saved. lieutenant eric lowd is on board.

sand trained for this rescue. >> we've been going through the training before. we're just going through the motions of the training we were prepared to do. coordinating with dispatch units on the scene. everything went well. >> reporter: other images from chopper 4 show the rescue of two cuban migrants at sea. >> they looked pretty good from somebody that was floating, i believe, five days. long and hot and thirsty and cold. >> reporter: it was eight miles east of black point of elliott key, a basket is dropped and one migrant is rescued up into the miami-dade helicopter. >> the first person we pulled up in the helicopter was able to tell us 13 people originally departed. >> we found maybe eight or nine people in the water. some holding on to life tubes. >> reporter: two people were taken to the hospital. and a third to kendall research center. >> they're being evaluated by medical personnel.

we're not sure the type of exposure. >> reporter: two others swam to elliott key. they may have been in the water for more than five days. >> somewhere between five and dans. >> reporter: it's not known how the raft broke apart sunday night. >> it's a very dangerous journey that they face. they put their lives at risk. we sure hope they decide not to do that because too often they don't make it. >> that was wfor peter o'dench reporting. a denver bronco fan is still missing. relatives of 53-year-old paul kiterman said he vanished from the broncos game last thursday at sports authority field. they searched for him and reported his disappearance. and checked hospitals. his stepson said he just disappeared. >> he had left his phone at home and he's like, okay, we'll be all right, we'll just stick together because you've got your phone. there's no way he would have taken off like that. >> he wants stadium security to check surveillance video to see what happened to kiterman.

police do not expect foul play. coming up after your local news on "cbs this morning," the federal response to the ebola crisis. we'll get the latest from white house. plus the latest from tesla motors and the state of michigan and the way the automaker tests its vehicles. and we'll sit down with the allman brothers band as it plays here in new york city. that's all for "cbs morning news." for this tuesday. i'm anne-marie green. have a great day. have a great day.

linda macdonald is captioning for you in real time. good morning, it is tuesday, october 28. i'm michelle griego. >> hi, everyone. i'm frank mallicoat. it is nearly 5:00. and we're going to get you out the door with a little traffic

and weather and i think it's your turn first. >> the weather looking good. it's a little chilly out the door this morning. turn on the heater today. it's getting close to that time but these temperatures are going to warm up nicely. the storm track actually going to be lifting the next couple of days. unfortunately, it could be headed our way toward the weekend. we'll talk about that coming up. >> and just about every part of the bay area has roadwork. there are a few cars coming across the richmond/san rafael bridge. >> no there are not. >> yes, there are a few. they have a couple of lanes blocked overnight. >> news director. [overlapping speakers [ laughter ] >> we have more coming up. >> don't let them trip you up. >> there are some slow spots because of the lanes blocked. >> thank you. >> what?! $120,000? >> it was all there on the street $120,000. anyone couldav