a decision of life in prisonor a decision of life in prison or death. a jury in boston begins the penalty phase in the trial of convicted mare gone bomber dzhokhar tsarnaev. total recall. blue bell pulls all of its products from store shelves as more batches of ice cream test positive for listeria. i'll be wearing a suit i'll be more than likely be showered. >> and saying good-bye. jon stewart sets the date for his last turn at the desk on "the daily show." this is the "cbs morning news" for tuesday, april 21st, 2015. captioning funded by cbs good morning, i'm alison harmelin in for anne-marie green. the fight for the life of the

boston marathon bomber starts today. the fate of dzhokhar tsarnaev begins today in boston less than two miles from where he and his brother planted bombs during the 2013 race. and it comes after another day of triumph running the race of the boston marathon when american mcfadden crossed the finish line. bill richards and his wife dennis have come out publicly against executing tsarnaev but that decision will be made by the jurors. >> reporter: prosecutors are expected to remind jurors of dzhokhar tsarnaev's intent when he and his brother laid the bomb near the finish line. the twin explosions killed three people and jurisdiction more than 260 others. three days later the brothers took part in the murder of m.i.t. police officer sean collier. the older brother tamerlan was

killed in a shoot-out with police. and dzhokhar was convicted of all 30 counts against him. meanwhile, tsarnaev's defense team will work to spare his life. expert attorney judy clark is expected to put tsarnaev's friends and family on the stand in order to portray him as a normal teenager. >> how was a normal teenager, how did he become the person who allowed himself to do this terrible act. what we'll hear from judy clark and her colleagues is probably evidence of psychological nature. experts who will talk about who this young man is why his will could have been overwhelmed. why he could have been intimidated. >> reporter: the jury much reach a unanimous decision on whether to execute tsarnaev. a cbs poll out this week showed 60% of americans favor executing turn. ed days was boston's police commissioner on the day of the bombing. >> i'm not a big advocate of the death penalty. i've never been extremely supportive of it. i think it has its place and i

think this is the place. >> reporter: but the victim patrick downs who lost a leg in the attack said he wants tsarnaev to spend the rest of his life in prison. >> i want this to be over. i want this over for the city i want this to be over for the families. >> the penalty phase is expected to last about four weeks. blue bell creamery says it doesn't know how its products were contaminated with a potentially deadly bacteria. but this morning, blue bell is recalling all of its products and instituting company-wide testing. don champion reports. >> reporter: the blue bell recall is rare and sweeping, the company voluntarily recalled all of its products monday after two samples of its cookie dough ice cream tested for for listeria. symptoms include fever, nausea and diarrhea. >> we're heartbroken over the situation.

>> reporter: the ceo of the company issued an apology in a video monday night, while admitting the company did not know how the bacteria got into its facility, it says it's determined to fix the problem. >> ice cream is a joy and pleasure to eat and should never be a concern. >> reporter: the blue bell ice cream products were pulled from major retailers weeks ago after centers for disease control linked the product to two deadly cases of infection in kansas. the illness was traced to the production line in texas and later to a second line in oklahoma. that facility is still closed while they investigate the source of the bacteria. the 108-year-old company says it's now expanding its cleaning and sanitizing tim and will increase training. don champion, cbs news. a highly infectious and deadly bird flu is spreading in iowa. more than 5 million hens will be have to be destroyed at a farm in northwest iowa. it's nearly 10% of iowa's egg-laying hens. this is the first chicken farm

in iowa to be infected. the virus confirmed at a turkey farm in iowa last week. this morning, a batch of potentially severe storms is rolling across the eastern united states. strong thunderstorms including hail and damaging winds are possible from the mid-atlantic to the carolinas. recovery operations are under way in metro atlanta after a powerful storm cell moved through yesterday afternoon. tornado warnings were issued for several counties. trees and power lines were knocked over and there were marble-size hail but no one was injured. baltimore was quiet overnight but tensions are high as investigators try to determine how a black suspect in police custody suffered a fatal spine injury. baltimore's mayor said she's angry six officers have been suspended without pay. the police commissioner ordered a full review. craig boswell reports. >> we will fight for freddie gray! >> reporter: demonstrators went face-to-face with police in baltimore's western district. this is where 25-year-old freddie gray was brought after

his arrest was recorded on video last week. the video was obtained by cbs baltimore station. wjz. gray was carried by police, his feet dragging on the ground. a half hour later, he was in a coma. he died sunday. an autopsy revealed the cause of death was a severe spine injury. >> we know the final outcome of mr. gray, unfortunately, he passed away. what we don't have at this point is how mr. gray sustained those injuries. >> reporter: a handwritten police report by the arresting officer said gray was arrested without force or incident. the city's mayer is calling for calm and promises answers by next friday. billy murphy junior is the attorney for the gray family. he says he doesn't believe the police promise of transparency. >> you've got to initiate the use of police cameras yesterday because it will make everybody be on their best behavior. >> reporter: craig boswell, cbs news, baltimore.

in tuls so, the county sheriff said the voluntary deputy who shot and killed somebody but admits he can't find all of robert bates' training records. >> reporter: tulsa county sheriff stanley glanz said he has no knowledge of anyone falsifying the records of training who shot and killed a man earlier this month. >> we'll try to locate all of those. some of those are administrative in nature. and we will provide those as we find them. >> reporter: bates, a 73-year-old retired insurance executive is charged with second degree manslaughter in the death of eric harris. >> oh, i shot him, i'm sorry. >> reporter: harris was shot after he ran from police during a gun sting operation. bates said he mistakenly fired a handgun instead of his taser. >> in his mind he knows it was

a dangerous situation and he had to have his gun out. >> reporter: harris' family questions whether bates had adequate training. >> i think it is important when you can't come up with training records, when you can't come up with anything except that mr. bates has a personal relationship with these guys. >> reporter: bates had been a re-election campaign manager for glanz in 2012. the men have known each other for 25 years. sheriffs deputies have been reassigned after receiving threats. they could face disciplinary action. omar villafranca, cbs news. six men in minnesota now face charges for allegedly trying to join a terror group. all of the suspects in their teens and 20s made a court appearance monday. they're accused of trying to travel to syria to fight with isis. this morning the u.s.s.

theory theodore roosevelt is moving towards iran. the aircraft carrier was dispatched to the wares off of yemen. in yemen's capital sanaa air strikes targeted a weapons cache triggering massive explosions. the blast killed as many as 19 people and buried others under the flattened building. this morning, a captain and members of a ship are facing charges. as many as 9900 migrants capsized. they found the syrian crew member on a rescue boat among survivors. the captain is charged with multiple homicide. coming up on "morning news" -- fiery rescue. police in texas rescue a driver from his burning car. later bean ball. a major league fan gets knocked down by a foul tip. this is the "cbs morning news." knocked down by a foul tip. this is the "cbs morning news." body of proof that i can fight psoriatic arthritis

from the inside out... with humira. humira works by targeting and helping to block a specific source of inflammation that contributes to both joint and skin symptoms. it's proven to help relieve pain, stop further joint damage and clear skin in many adults. doctors have been prescribing humira for nearly 10 years. >>humira can lower your ability to fight infections, including tuberculosis. serious, sometimes fatal infections and cancers including lymphoma have happened, as have blood, liver and nervous system problems, serious allergic reactions and new or worsening heart failure. before treatment, get tested for tb. tell your doctor if you've been to areas where certain fungal infections are common, and if you've had tb, hepatitis b, are prone to infections, or have flu-like symptoms or sores. don't start humira if you have an infection. >>visit humira.com and talk to your rheumatologist. humira. this is a body of proof!

working on my feet all day gave me pain here. in my lower back but now, i step on this machine and get my number which matches my dr. scholl's custom fit orthotic inserts. now i get immediate relief from my foot pain. my lower back pain. find a machine at drscholls.com

he's still breathing. >> a dashboard camera captures a dramatic police rescue in mesquite, texas. officers arrive at the scene of a wreck sunday to find an suv on fire. the driver is unconscious inside. they yank the door open and drag him to safety. the driver was hospitalized with burns and internal injuries. hillary clinton spends a second day campaigning in new hampshire today. she met with a group of diners in a restaurant on monday. later, she had a round table with employees at a small business that makes sports furniture. today she meets with students and teachers at the concord technical college. on "cbs moneywatch," google changes their had smartphone searches and saving money on your summer get-away. jill wagner's at your new york stock exchange with that and more. good morning, jill. >> good morning. google will favor websites that work well on mobile devices.

mobile friendliness will tell how prominently google will be on a smartphone. google will consider text amount, the amount of space between links and if the content fits across the screen. some better than expected first earning reports including morgan stanley. and hasbro toys. the dow gained 208 points the s&p with 19 points higher and the nasdaq 62. halliburton the expert oil company said it cut 9,000 jobs in six months. that's more than 10% of its workforce. falling oil prices have led to a decline in drilling activities. u.s. activity dropped by half since november. halliburton says there may be more belt tightening to come. the los angeles school district is reportedly considering legal action against apple over a project to outfit students with ipads. apple signed a $30 million deal in 2013 to offer ipads to all students.

"the los angeles times" reports the program ended up costing about $1.3 billion. the school district also piercing, the company who created the app. students use the ipads for nonschool-related activities and the school district says there are technical issues. if you're flying this summer the good news, the average airfare is a little lower. the average round trip domestic ticket now stands at $454. that's down just over $2 from last year. lower oil prices and more seats are driving the price drop. not everyone saves. flights to new york, denver and san francisco cost more. and willie nelson is rolling out his own brand of marijuana. ♪ >> willie's reserve will be grown in colorado and washington. two states where recreational pot is legal. nelson has some well-established

connections for pot. he's advocated for decriminalization and he's been busted for possession several times. alison. >> well, you know, i like his music so we'll leave it like that. jill wagger at the new york stock exchange. jill, thanks. straight ahead, foul ball injury, a baseball fan in the front row is hit in the head by a foul bull that sends her falling to the ground. military families are thankful for many things. the legacy of usaa auto insurance could be one of them. our world-class service earned usaa the top spot in a study of the most recommended large companies in america. if you're current or former military or their family, see if you're eligible to get an auto insurance quote. nervous whitening will damage your teeth? introducing listerine® healthy white™. it not only safely whitens teeth... ...but also restores enamel.

lose the nerves and get a healthier whiter smile that you'll love. listerine® healthy white™. power to your mouth™! shopping online... ...is as easy as it gets. wouldn't it be great if hiring plumbers carpenters and even piano tuners... were just as simple? thanks to angie's list now it is. start shopping online... ...from a list of top rated providers. visit angieslist.com today. i want regularity. of course i do, it's a big part of good digestive health. can't i just have regularity without having to think about it, let alone talk about it? benefiber conveniently helps support good digestive health and maintain that word. benefiber is all natural, clear, taste-free and dissolves completely. you know what benefiber tastes exactly like when you put it in water? water! the only way you'll know you're taking fiber is by how great you feel. and by how little you're thinking about that word. benefiber. now available in stick packs. here's a look at today's

forecast in some cities around the country. a frightening moment in pittsburgh during a pirates game against the cubs. >> that's a good swing. oh, my, hit that -- >> yeah, a fan right behind home plate. >> a fan standing behind home plate was struck in the back of the head with a foul ball during the second inning. the ball hit the protective mat but was hit with such force and the woman was so close she got hit. she was conscious and alert as she was taken to the hospital. in the nba playoffs. the pelicans came out smoking but the warriors prevailed. new orleans was up by 13 points in the first half thanks to strong play by anthony davis who

ended up with 26 points. klay thompson led the warriors with 26 points. golden state hung on for an 97-87 win. game three is in new orleans. chicago also has a two-game to none lead in the series in milwaukee. jimmy walker scored a career 31 points for the bulls. derrick rose scored all of his in the second half. game three is thursday night in milwaukee. and in hockey, the new york rangers regained control of their playoff series with the penguins. henrik lundqvist stopped shots as the blues dominated for two periods and held on to a 2-1 win. game four tomorrow in pittsburgh. when we return, summer sendoff. jon stewart reveals which episode will be his last as host of "the daily show". ♪

73% of americans try... ...to cook healthy meals. yet up to 90% fall short in getting key nutrients from food alone. let's do more... ...add one a day 50+. complete with key nutrients we may need. plus it supports physical energy with b vitamins. one a day 50+ i guess i never really gave much thought to the acidity in any foods. never thought about the coffee i was drinking having acids. it never dawned on me that it could hurt your teeth. my dentist has told me your enamel is wearing away, and that sounded really scary to me and i was like well can you fix it can you paint it back on and he explained that it was not something that grows back, it's kind of a one-time shot and you have to care for it. he told me to use pronamel. it's gonna help protect the enamel in your teeth. it allows me to continue to drink my coffee and to eat healthier and it was a real easy switch to make.

here's a look at today's forecast in some cities around the country.

ac/dc drummer phil rudd faces a possible seven years in prison this morning. in new zealand today, rudd pleaded guilty to threatening to kill a man who used to work for him. he also pleaded guilty to possession of methamphetamine and marijuana. the band has replaced rudd for its upcoming u.s. tour. a small south carolina newspaper is among those celebrating a major journalism honor this morning. "the post and courier of charleston" is among this year's winners of the pulitzer prize for a series on domestic abuse. "the seattle times" is recognized for its coverage of a deadly landslide. bloomberg news won its first pulitzer for corporate tax dodging. and the st. louis post was honored for the arrest in missouri following the deadly

shooting of michael brown. scientists are equipped with lasers to shoot down space young. >> nasa says more than 500,000 pieces of debris orbit the earth and could put the space station in danger. it travels at 17,000 miles an hour making over small pieces dangerous. and take a look at this, italian astronaut samantha cristoforetti tweets a picture of herself wearing a "star trek" uniform inside the space. she's celebrating a special delivery. inside the capsule, floating outside of the window is the first ever machine designed for astronauts. this morning we know when the jon stewart era ends on "the daily show." >> my last "daily show" program will be august 6th. i'll be wearing a suit. i'll be more than likely be showered. [ laughter ] i'm sorry, i'll be wearing overalls and i won't shower. >> stewart made the announcement last night. fans have just over three months to get their fill of stewart.

he's handing the reigns over to south african comic trevor noah. coming up on "cbs this morning," champion skier lindsey vonn. i'm alison harmelin. this is the "cbs morning news." are you so congested... it feels like that brick's on your face? try zyrtec®-d to powerfully clear your blocked nose and relieve your other allergy symptoms. so you can breathe easier all day. zyrtec®-d. find it at the pharmacy counter.

a survivor of the boston marathon bombing two years ago returned to the iconic race monday. this time as a runner. don dahler reports on her inspiring journey. >> reporter: long distance running has been called the loneliest sport. not for rebecca gregory. she took her thousands of social media followers along with me. >> i can be mad that this happened to me or i can be blessed that i have a daily reminder that life is short. >> reporter: gregory and her then 5-year-old noah were first injured when the first bomb went off. she decided last november to have her damaged leg amputated

but not before a tongue in cheek good-bye to her limb on facebook. go get one last pedicure on me she wrote, and enjoy it because tomorrow i'll be cutting you out of my life for good. >> i made the decision to amp of tate my leg purely based on the fact that i was on pain medicine every four hours. i was in a wheelchair the majority of the time. >> reporter: the 27-year-old mother has been training to run on her new prosthetic leg at her home in texas. >> it's the best decision i ever made. i'm doing more and more things. i took my son to the movies the other day. i walked through the airport and i don't have to use a wheelchair. if i'm in jeans nobody can tell i have a prosthetic leg. >> reporter: gregory was determined to run the whole marathon. last week, her doctors told her she wasn't ready. >> my doctors told me i would

basically be doing more damage to myself and i would end up back in surgery. so i have a compromise which i'm not very good at doing sometimes. >> reporter: that compromise was to run only the last three miles. but the nature of a marathon is not just the distance run. it's the defeat of an enormous personal challenge. >> this is the hardest thing i think i've ever had to do. to cross the finish line. i took my life back today. >> reporter: for rebecca gregory, it's a finish line that's given her a new beginning. don dahler, cbs news, boston. another runner at the boston marathon had a memorable finish, danny coe got down on his knee and proposed to his girlfriend amy stennet when the two crossed the finish line. walsh handed coe the ring at the end of the race. coming up after the local news on "cbs this morning." more on google what turns up in

your mobile searches. nicholas thompson contributor has details. and how pets can make you sick. and a doctor looks at it and lindsey vonn is in the studio. that's all for "cbs morning news." thanks for watching. i'm alison harmelin. have a great day. n harmelin. have a great day.

your realtime captioner is linda marie macdonald. good morning, everyone. taking a live look out at the golden gate bridge right now,

don't know if it's the camera or it's a little foggy out there. we'll find out soon. >> yeah. >> it's tuesday, april 21. i'm michelle griego. >> that's what we do. [ laughter ] >> hi, everyone. i'm frank mallicoat. happy tuesday. it's 4:30. let's tell you about that fog or that whatever that is on the golden gate bridge. hi, guys. >> i think it's a combination of both. we definitely have some fog out there and some dew all associated with a very deep marine layer. temperatures right now into the 40s and in the 50s and today, our numbers will be slightly below average in many of our locations turning partly cloudy and we'll have your full details but first let's say good morning to liz. >> good morning, roberta. yeah. we do have a couple of overturn accidents already this morning including one coming into pittsburg-bay point at bailey and there's debris on the road. it's early, not much delay. but it's already busy out