bit later for the morning news. and of course, cbs this morning. htre the broadcast center right ♪ it's tuesday, december 6th, 2016. this is the "cbs morning news." bucket by bucket, search teams pull evidence from the oakland warehouse where at least three dozen people died in a massive fire. this morning, authorities are mulling murder charges. >> charges could be murder, all the way to involuntary manslaughter. and a mistrial in the case of a white cop caught on camera shooting and killing an unarmed black man. this morning, the victim's mother says her fight is far from over. >> injustice will not prevail.

captioning funded by cbs good morning from the studio 57 newsroom at cbs news headquarters here in new york. good to be with you. i'm anne-marie green. well, prosecutors say murder charges are possible in the oakland warehouse fire that killed at least 36 people. the cause of friday night's fire during a dance party remains under investigation. recovery efforts at the warehouse have resumed. overnight, a massive piece of machinery moved into place, a crane, now keeps one wall from caving in on search teams. edward lawrence is in oakland. edward, good morning. >> reporter: good morning, anne-marie. at this point, we know that city building inspectors have been to this warehouse five times over the past three years. now at this point right now, we have the large machinery, heavy cranes here. they are trying to remove part of the wall that was leaning to

make sure investigators can get in safely to find the rest of the victims. mourners gathered inside the ghostship warehouse lighting candles and offering hugs of the victims. >> i'm only 15 and i don't know what they're going through but i can feel for them. >> a lot of artists and a lot of people who have been pushing and pushing and pushing were all in the wrong place at exactly the right time. >> reporter: fire officials have gone through roughly three quarters of the building retrieving at least 36 bodies so far. they're also working closely with federal investigators to preserve evidence as part of a criminal investigation. >> the range of charges could be murder all the way to involuntary manslaughter. there may be other charges, if the evidence presents that. >> reporter: authorities say they still don't know what caused the fire that engulfed the illegal lived work space friday night but they say they know where it started. >> the two areas that we need to search here a little more is

this area after they secure a wall. and this back area here where we suspect the origin of the fire. >> reporter: the two story building which had no sprinklers or fire alarms was used as a an electronic dance party that night. shelly mack called it a death trap. >> we don't want people walking down the stairs tripping over the cords. >> reporter: the city reviewing complaints of a possible code violation. the building's owner is likely to face many questions as the investigation unfolds. now, at this point, the owner has not spoken publicly about the situation yet. the district attorney says that investigators have talked with several people connected with this warehouse. but won't say with whom. anne-marie. >> edward lawrence in oakland. thank you so much, edward. well, south carolina prosecutors plan to retry a former charleston police officer charged in the shooting death of an unarmed black motorist.

a mistrial was declared yesterday in the case of former patrolman michael slager in a trial that was dominated by graphic video. don champion has our report. >> i'm not sad. >> reporter: walter scott's mother stood strong monday after a mistrial against the indication of a former north charlton police officer who killed her son. >> god is my friend. he is a just star. and injustice will not prevail. >> reporter: michael slager was fired from the department and charged with murder after the april 2015 shooting. witness video shocked the nation. shows scott getting shot five times as he ran away from slager. during the trial, slager testified he feared for his life. >> i'm on flight on the ground. mr. scott was coming after me. >> reporter: a mistrial after a juror sent the judge a letter saying, quote, in good conscious, he could thought consider a guilty charge.

>> i'm not angry with the juror. i'm disappointed in the juror that he was sworn and took an oath that he would make a decision. >> reporter: the jury deliberated for almost 22 hours. the county prosecutor said that she will try the case again and slager faces a federal civil rights trial next year. justin bamberg represents walter scott's family. >> i don't think questions of fact were issues with this jury. i think there were issues with their interpretation of the law. >> reporter: slager's defense attorney has not commented on the mistrial. don champion, cbs news, charleston, south carolina. a north carolina man arrested as he attempted to investigate a conspiracy theory known as pizza gate is due back in court. he was arrested after firing one round inside of a washington, d.c. pizza parlor. pizza gate a fake news story alleges that the restaurant was the center of a child sex trafficking ring involving

hillary clinton. yesterday, dozens showed up. to voice their rage over the spread of the false information. >> we just want to show that there's a human face to see and that lives were actually impacted by that being out there. >> pizza gate had been pushed by the son of donald trump's national security adviser. after welsh's arrest sunday michael g. flynn tweeted in part until pizza gate is proven to be false, it will remain a story. president-elect donald trump's joyce of ben carson to be head of housing and ush development have democrats questioning his qualifications. carson has no experience in running a government. house speaker nancy pelosi called carson disturbingly unqualified. mr. trump had a surprising guest yesterday. former vice president al gore. they talked about climate change, something mr. trump has called a hoax. gore said they had a very productive conversation. the trump transition team said it was glad gore stopped by.

>> a very small group of people in this country have been president or vice president of the united states. so, obviously, it would be a conversation, you know, of folks who really breathe the verified air. >> today, mr. trump continues his thank you tour with a stop in fayetteville, north carolina. biden in 2020. well, it's not clear if he was serious, but when asked about his plans for the future, vice president joe biden said with only a slight smile, i'm going to run for 2020 for president. asked if he was joking, biden replied i'm not committing not to run. biden will be 78 shortly after the 2020 election. well, nearly four weeks after the election, north carolina's republican governor pat mccrory conceded to democrat

roy. a law he signed for transgender restrooms and restaurants cost the state millions of dollars in spending. in north dakota after a surprise to delay the dakota access pipeline demonstrators say they are staying put. >> what happens next, we wait and stand our ground. we'll keep fighting for the water and keep fighting for mother earth. >> hundreds are battling harsh conditions, heavy snow, freezing temperatures and icy winds. the new trump administration said it will review the decision to reroute the pipeline. and demonstrators say they'll wait until they get an answer. >> the fact that our future is being put at risk with a president who wants to continue to frac and open up coal mines. and the fact that enough people stand up and say that, no, this isn't what we want, that you can stop it. >> protesters say the pipeline poses a threat to drinking water and sacred sites.

an off-duty sheriff's deputy died and two people were hurt when a pair of vehicles plunged into a sinkhole filled with water. the 20-foot wide hole cracked open sunday night in san antonio. the deputy's car went into 12 feet of water. a passer by rescued a stranded man. utility workers say a sewer line ruptured during a heavy storm. and a little snow caused a slow motion pileup yesterday in montreal. when the skidding stopped, five cars, two buses, a pickup a plow and a police car had all crashed. police say no one was hurt, though. coming up on the "morning news," bill cosby suffers a legal setback. cosby loses a pretrial decision in his sexual assault case. and emotional moment. we show you what caused canada's prime minister to cry. this is the "cbs morning news." caused canada's prime minister to cry. this is the "cbs morning news."

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when i met mr. prime minister that woman he said welcome home. >> canadian prime mnister justin trudeau was moved to tears when he met face-to-face with syrian refugees. a year ago this week, the prime minister welcomed a wave of syrians to canada. greeting them with hugs, supplies and the government promise of assistance for one year. >> watching you and your girls walking towards me was a moment in which i understood just the kinds of things that we can do as a country. and that i get to help this country do. >> canada has welcomed more than 25,000 syrian refugees in the last year. well, bill cosby loses a pretrial decision. and the first lady of missouri is a victim of a crime. those are some the headlines on the morning news stand. the st. louis post dispatch reports that the wife of eric greitens was robbed at gunpoint.

police say sheena greitens was sitting in her car last night when her cell phone and labtop were taken. she was not hurt. and three teenage boys are in custody. "the washington post" reports that damaging statements bill cosby made ten years ago may be used during his sexual assault trial. when he was deposed in his civil case in 2005 cosby admitted giving young women drugs before having sex. he was asked, when you got the quaaludes was it in your mind that you were going to use these quaaludes for young women with which you wanted to have sex with? cosby said yes. his trial is expected to start in june. the los angeles times reports that shinzo abe will be the first japanese leader to visit pearl harbor. the prime minister will meet president obama at the base after christmas. they will remember the victims at the attack in hawaii.

the nobel prize ceremony no word who will read it. dylan has said he can't make it to stockholm to pick up his literature prize. still to come, taking the headache out of grocery shopping. amazon opens a real store where customers can skip the wait at the check-out line. coming up on "look! famous people!" we catch flo, the progressive girl, at the supermarket buying cheese. scandal alert! flo likes dairy?! woman: busted! [ laughter ] right afterwards we caught her riding shotgun with a mystery man. oh, yeah! [ indistinct shouting ] is this your chauffeur? what?! no, i was just showing him how easy it is to save with snapshot from progressive. you just plug it in and it gives you a rate based on your driving. does she have insurance for being boring? [ light laughter ] laugh bigger. [ laughter ]

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the san francisco homemade famous by "full house" now belongs to the creator of the show. and neighbors are not happy about it. they fear jeff franklin will rent it to tourists. franklin bought the tanner house for 4 million bucks. on the "cbs moneywatch" amazon opens a grocery store and questions about uber tracking riders. hena daniels is at the new york stock exchange with that and more. good morni >> good morning, ar. stocks on wall street and dow closed at a record high. oil reached its highest level since july 201516. the dow jones rose 45 points. the s&p 500 finished 12 points higher. and the nasdaq added 53 points. uber is taking heat for the latest update on its app. the updated app allows uber to

track riders location even they've been dropped off. so uber is watching even after you've been dropped off. uber said the site location data will only be collected for five minutes after the end of the trip. uber says this will improve customer service. facebook is investing $20 million to help create affordable house. in silicon valley. facebook is partnering with a coalition of local community groups. the silicon valley tech boom has driven up housing costs making it difficult for many working class families to live. the medin price was over $950,000 last year. and at a new amazon grocery store there's no checkout. customers just grab and go. the test store is in downtown seattle. the survey is called amazon go. customers tap their cell phone at a turnstile when they enter the store which connects them to their amazon prime account.

sensors then track the items customers pick up and charges them to their account. right now, only amazon employees have access during this testing phase. >> that's a game-changer. there's nothing more than than going to the grocery store to pick up one item and spending 15 minutes in line trying to pay for it. >> now that i have amazon prime, i don't even go to the grocery store. i love it. >> hena daniels. at the new york stock exchange, thank you so much, hena. still ahead, the dangers of driving tired. the look at how sleep deprivation can increase your chance chances of being in a crash. deprivation can increase your chance chances of being in a crash. see me to know that... ...i won't stop until i find what works. discover cosentyx, a different kind of medicine for moderate to severe plaque psoriasis. proven to help the majority of people find clear or almost clear skin. 8 out of 10 people saw 75% skin clearance at 3 months. while the majority saw 90% clearance. do not use if you are allergic to cosentyx.

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,$8drw here's a look at today's forecast in some cities around the country. ♪ ♪ i've got the magic in me the first pictures are out from a photo shoot of a toddler model with down syndrome.

asher nash is modeling outfits from oshkosh b'gosh. his mother landed the contract while campaigning on social media for diversity in the company's ad. so cute, too. well, this probably is not the time of day you want to hear me nagging you about how you need to get more sleep but for drivers, safety experts say it's a life or death issue. weijia jiang reports. >> reporter: a tired driver can doze off quickly as seen in dashboard videos like this. in this one, the driver drifts and rear ends another car. for karen roberts, falling asleep at the wheel ended much worse. >> all it takes is a second and you just nod off. >> reporter: in 1988, roberts was a 21-year-old nurse working a double shift on christmas night. on the way home, she dozed off and smashed into another vehicle. the other driver had minor injuries but roberts was in the hospital for two months with a traumatic brain injury.

>> i had to learn to walk and talk and feed myself and dress myself and everything. >> reporter: a new report from aaa show drivers who miss between one to two hours of the recommended seven hours of sleep a night nearly double their risk for a crash. aaa's jake nelson say 1 in 3 americans admit to driving when they've had a hard time keeping their eyes open. >> we've learned only four to five hours a sleep a night, the odds of getting into a car crash are the same as driving legally drunk with alcohol. >> the less you get, the higher the risk? >> absolutely. that's the first time we understand that risk to now. >> that's why i want to be here today so you can hear my story so you guys can learn. >> reporter: roberts still suffers from double vision and headaches but considers herself lucky because her mistake could have been ugly.

weijia jiang, cbs news, washington. coming up on "cbs this morning" -- singer meghan trainor announces the grammy award nominations. i'm anne-marie green. this is the "cbs morning news." nominationses. i'm anne-marie green. every great why needs a great how. when are they leaving? grilled cheese and campbell's tomato soup go together like grandchildren and chaos. made for real, real life. with advil, you'll ask what sinus headache? what stiff joints? what time of the month cramps? what nighttime pain? make all your pains a distant memory with advil

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here's another look at this morning's top stories. prosecutors say murder charges are possible in the oakland warehouse fire that killed at least 36 people. investigators say they think they figured out where the fire started but they don't know why. there have been repeated complaints about the building. and a mistrial was declared in the case of michael slager a former south carolina police officer accused in the shooting death of an unarmed black man. video shows slager shooting walter scott as he fled a traffic stop. the jury said they were unable to reach a verdict. prosecutors say they will retry the case. and authorities in united states and europe have broken up a network of criminals who

helped others hijack computers all over the world. jeff pegues has our report. >> reporter: police in ukraine raided an apartment and arrested this man believed to be connected to the cybertheft ring that investigators have dubbed the avalanche network. authorities say the network had computers in at least four countries and stole hundreds of millions of dollars. sue song is the acting attorney for the western district of pennsylvania. >> we successfully identified 275 affected computers in 189 countries throughout the world. we calculated 20,000 of those malware-imeffected computers are here in the united states. >> reporter: in allegheny county, pennsylvania, investigators accused the cyberthieves of taking over and freezing some government computers until a ransom was paid. and criminal attack, two unnamed pennsylvania companies attempted wire transfers totaling more than $600,000. the theft used so-called goznym malware.

which infects computers after victims click on a phony link. investigators say those behind avalanche were providing servers for other criminaling to use in cyber attacks. often, stolen money was then laundered through money mules unsuspecting people who were tricked in participating. the big break in the operation game when german police reversed engineered the code that operation avalanche was using. then german investigators brought in the fbi to help trace the servers some of which were in the u.s. and canada. jeff pegues, cbs news, washington. well, coming up after your local news on "cbs this morning," we will go to louisiana for more into the investigation into the shooting death of former nfl star joe mcknight. plus, new allegations of overspending in the construction of american embassies abroad. and singing meghan trainor will announce the 59th grammy award nominations.

that's the "cbs morning news" for this tuesday. thanks for watching. i'm anne-marie green. have a great day. ,$8drw ,,,,

i'm kenny choi. and i'm michelle griego. ales with a ch you're looking live at the pyramid this december 6th. get ready for cold temperatures this week.

>> i'm already cold. it's cold in the studio. >> we already got cold temperatures. >> we are all split on this. >> we are not. you and maria had it all the way to the low yesterday. >> you complain when it's in the middle too. >> sometimes. there are times. >> good morning, everybody. rise and shine. we have some areas of fog and some cold temperatures, 33 degrees in santa rosa. it's the comest we have coolest we have seen going back to january of this year. notice we'll have sunshine but temperatures still under 60 degrees everywhere. the most notable feature, the wind increases and the rain moves in. 4:30 now.