york. that's the "overnight news" captioning funded by cbs it's monday, october 23rd, 2017. this is the "cbs morning news." the fate of army sergeant bowe bergdahl is in the hands of the judge. today the sentencing hearing begins and is expected to be dramatic. searching for a killer. three people are gunned down in the same florida neighborhood just days apart. now police are concerned they might be dealing with a serial killer. >> just what is that? do you hear that? what is that? >> that's mark twain rolling over in his grave. >> and funny man david letterman is honored with the mark twain

prize for american humor. 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. a sentencing hearing begins today for sergeant bowe bergdahl. last week he pleaded guilty to desertion and misbehavior for walking away from his post in afghanistan in 2009. bergdahl was held captive for five years by taliban allies before being brought home in a controversial prisoner swap. the defense will argue that president trump tainted the case. nikki battiste is here in new york with the details. nikki, good morning. >> good morning, anne-marie. like you said the sentencing today is expected to feature dramatic details about soldiers and searching for bowe bergdahl who they believed to be missing at the time.

bergdahl is expected to offer what's called a naked plea in hopes of calling for leniency from the judge. president trump made clear several times during his campaign what he thought should happen to army sergeant bowe bergdahl whose sentencing hearing begins today. last week he pleaded guilty to charges he deserted his army base in afghanistan in 2009 and endangering fell low soldiers. bergdahl claims he walk off his post to report problems with his leading commanders. shortly after leaving, he got lost and was kidnapped by the taliban. he was freed in exchange for five taliban terrorists being held at guantanamo bay. it was an arrangement brokered by the obama administration, criticized regularly by the trump campaign. >> trying to kill everybody in front of you and we get bergdahl, a traitor.

>> reporter: as part of the sentencing process, both sides present witnesses to the judge who will ultimately make the decision. >> i expect the government to put on several witnesses, a cup of soldiers who were actually wounded when they were trying to locate where sergeant bergdahl was. >> reporter: the defense is expected to call bergdahl himself as well as character witnesses. the entire sentencing process could take anywhere from one day to seven days. bergdahl faces up to life in prison. legal experts say a naked plea allowed him to agree to thinks. one former army prosecutor says it's a risky decision. anne-marie? >> nikki battiste here in new york. thank you, nikki. president trump is defending his chief of staff john kelly after kelly defended mr. trump's condolence call to a family in

the death of a soldier. errol barnett reports. >> these are very, very hard calls. >> reporter: president trump said how challenging it is to call grieving family members of fallen soldier. the president rejected the accusation by florida congresswoman frederica wilson that chief of staff john kelly defended mr. trump to keep his position in the white house. >> he doesn't need this job. in fact, he didn't really want this job. >> reporter: the past week's controversy between the gold stash family and the white house comes amid the latest win. >> reporter: fueling his confidence the republican controlled senate passed a budget this week which the house is expected the take up in the coming days. the president's budget director mick mulvaney says that is crucial. >> it was a big step forward to keeping that step as promised. >> reporter: in addition to tax reform president trump remains focused on health care.

>> we're going to repeal and replace obamacare, and i think we actually have the votes. >> reporter: but the only health care legislation supported by democrats like chuck schumer is the alexander murray bill, which keeps the government subsidies intact. >> look. it's a good compromise. it took months to work out. it has the majority 60 reporting it. i would urge senator mcconnell to put it on the floor immediately. >> reporter: senator majority leader mitch mcconnell said he would bring any health care legislation up for a vote if it were clear the president supported it, but president trump has not fully endorsed the alexander murray bill. errol barnett, cbs news, the white house. well ahead on "cbs this morning," khizr khan, who became an advocate for gold star families, we'll talk about the

condolence call controversy. a manhunt is under way in the tampa bay area where police believe a suspect is responsible for three murderers in two weeks. a vigil was held last night for the victims. all three were killed within a mile of each other. the last happened thursday. despite heavy police presence in seminole heights, the perpetrator got away. >> they were on sight within minutes and the perpetrator vanished. that doesn't make any sense at all. i don't understand where he could have gone. >> the first victim was killed october 9th. police are searching for this suspect seen in this surveillance video. they believe the murders are related, but they don't believe the victims are otherwise corrected. an author and writer james toback has reportedly been accused of sexual harassment by

38 women. he said he never did it or has no recollection. toback's first produced screenplay "the gambler" was based on his life. his oscar nomination came for writing the film "bugsy" starring warren beatty. a majority in catalonia voted yes on an independence referendum earlier this month. over the weekend an estimated 450,000 protested madrid's plan to take over their government. the prime minister wants to remove the top catalonian officials, take control of the police force and the public broadcaster. independence leaders say the move is a coup de tat and are calling for resistance. at least five people were killed when a storm slammed into central japan. the storm hit this morning cause

with 100-mile-per-hour winds, causing flooding and mudslides. one man stranded in the river in tokyo was rescued by helicopter. domestic air flights were canceled as well as the high-speed bullet train. and in this country mississippi is cleaning up after torrential rain and widespread flooding. some families got caught in the rising water yesterday and had to be pulled from their homes. in gulfport lightning struck a gas line causing a fire. in oklahoma saturday a tornado blew the roof off of a casino in norman during a beach boys concert. officials didn't know what was happening until the storm hit, but no one was injured. coming up on the "morning news" now, new revelations about bill o'reilly. there's a report out about an undisclosed sexual harassment claim against the former fox news show host.

and a rare gathering. the presidents rally for hurricane donations. this is the "cbs morning news." put your phones down t and talk to each other. [laughing] nature's bounty lutein blue. because you're better off healthy. it's those familiar scents that bring the spirit and joy of the holidays to life. this season, bring that same spirit and joy into your home with air wick seasonal scents. when i walked through a snowthat's when i knewtte, i had to quit. for real this time. that's why i'm using nicorette. only nicorette gum has patented dual-coated technology for great taste plus intense craving relief. every great why needs a great how. right. in. your. stomach! watch this!... >>yikes, that ice cream was messing with you, wasn't it? try lactaid, it's real ice cream, without that annoying lactose. lactaid. it's the milk that doesn't mess with you.

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please welcome our recipient david letterman. >> the kennedy center in washington, d.c., was packed last night as television's david letterman received the mark twain prize for humor. he spent 30 years on late night tv hosting on nbc and then cbs. he was joined by his longtime stage manager biff henderson. >> you know, biff, because of this award, i'm now the most humorous person in the world. >> right. >> letterman retired from late night tv in 2015 all the ex-presidents came together to help hurricane victims, and new harassment revelations about bill o'reilly. those are some of the news

headlines on the "morning newmo newssta newsstand. fox news knew of bill o'reilly's sexual harassment lawsuit when they renewed his contract. the company sign him to a new four-year deal in february. o'reilly lost his job in april and denies any wrongdoing. the "washington post" reports on a virginia middle school student where they appear to pretend to rape black classmates. football players at short pump middle school outside richmond made the video and it was post officed on snapchat. it shows white players simulated sex on play players along with racially sensitive captions. the dallas news reports on all five living presidents reuniting at texas a&m university for a benefit concert for hurricane victims. >> all of us on stage tonight

could not be prouder of the response of americans when they see their neighbors and they see their friends. they see strangers in need, americans step up. >> former president barack obama was joined by jimmy carter, bill george h.w. bush, george caroli w. bush, and bill clinton. lady gaga made a surprise appearance. and three years ago "sports illustrated" ran a cover story predicting the houston astros could win or rather would win the 2017 world series. jell, the june 2014 cover looked how the astros were building a team that would become champions this year. could that prediction come true? the astros are close. they take on the los angeles

dodgers in the world series beginning tomorrow night. still to come, what goes around comes around. singer justin timberlake returns to the super bowl halftime show. comes around. singer justin timberlake returns to the super bowl halftime show. the lg sidekick washer. for small loads that can't wait. an epic flavor... it's cranberry. it's pineapple. and there's no. sugar. added. cranberry pineapple 100% juice. the next big thing to hit the juice aisle. cranberry pineapple 100% juice. pepsoriasis does that. it was tough getting out there on stage. i wanted to be clear. i wanted it to last. so i kept on fighting. i found something that worked. and keeps on working. now? they see me. see me. see if cosentyx could make a difference for you-

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on the "cbs moneywatch" tesla reportedly strikes a deal in china, and the super bowl brings back justin timberlake. diane king hall is at the new york stock exchange with that and more. good morning, diane. >> good morning, anne-marie. let's start with this. yesterday president trump warned house republicans that next year would be a political failure if they do not overhaul the tax code. the president's proposal has been a boost to the market and to that end for the week. the dow gained 154 points, the s&p 500 added 21. that and the dow ended the week logging a fifth record close in a week, and the nasdaq finished the week 22 points higher. tesla has reportedly reached a deal to build a factory in china. the agreement would allow the electric car company to build a plant in china.

it would cut production costs. tesla's production market is already the highest. tyler perry's "boo 2!" with madea was a box office winner. boo 2! took in $22 million. the movie "geostorm" finished a disappointing second followed by "happy death day." and justin timberlake is playing the super bowl halftime show again. ♪ >> this will be his third halftime show since the now infamous wardrobe malfunction with janet jackson 14 years ago. anne-marie? >> i'm sure all items of clothing will check and triple

checked before he takes the stage. diane king hall at the new york stock exchange. thanks a lot, diane. >> all right. still ahead, the jfk files. secret documents on president kennedy's assassination are due to be released this week, but will they put to rest the conspiracy theories. rest the conspiracy theories. whoo! i got my money! hard to contain yourself, isn't it? uh huh! let it go! whoo! get a dollar-for-dollar match at the end of your first year. only from discover. bob jimmy dean day breakfast sandwich. the real eggs, sausage, and cheese fill him up with goodness, so he gives his umbrella to nancy, which makes hank smile, which makes everyone's ride better. with jimmy dean, good mornings lead to great days. i'm and i'm an emt.erer when i get a migraine at work, it's debilitating.

if i call out with a migraine, that's one less ambulance to serve a community. i just don't want to let these people down. excedrin migraine. relief that works as hard as you do. wine country wildfires -- we're hearing some amazing stories of neighbors banding together to battle the flames... cameras are rolling as a sideshow shuts down a south bay freeway... we'll show you how police managed to bring it to a screeching halt... and 49ers legend dwight clark makes an emotional address to the fans and former teammates... join us for kpix 5 news this morning... beginning at 4:30. good morning. it's monday, october 23rd. ♪ do you want to do a monster check? yes. no monsters. ♪ how about the drawer? ♪

no monsters. nightly monster checks are how grant makes home his. and homegoods is what makes it all possible. amazing finds. always great prices. make home yours. here's today's forecast in some cities around the country. an embarrassing moment for french president emmanuel macron. during a meeting with several junior ministers at his office yesterday, macron's dog nemo could be seen in the background relieving himself near an ornate fireplace.

they all laughed at the incident but no word on who's going have the clean that up. this week the archives will release thousands of files on the assassination of john f. kennedy. tony dokoupil takes a look at what the documents might tell us. >> reporter: president kennedy's final moments gliding through dallas in 1963 are all too clear, but the story of his assassination remains tantalizingly incomplete, at least to the 61% of americans who do not believe shooter lee harvey oswald acted alone. >> november 22nd, 1963, was a line of demarcation between an american that basically trusted its government to an america that began not to trust its government. >> reporter: university of virginia professor larry sabato is the author of a book about kennedy's enduring mystery. >> the conspiracy history is

about having disclose euro. >> reporter: under a 1992 law to quiet con spercy theories, they have until tuesday to disclose a final batch. more than 3,000 never before published documents and potentially 30 thousand previously released with redactions. congressman joe kennedy is the president's great nephew. >> they happen to be personal as well. it would have been nice if there was some engagement. >> reporter: still others doubt even these new documents will be a complete record. >> if the agencies did not uncover a certain of their documents regarding the assassination, therefore, never got to the archives and won't be in the revelations we might see on thursday. >> reporter: tony dokoupil, cbs news, new york. coming up on "cbs this morning," gayle talks with best selling author jason reynolds about his new book "long way down." i'm anne-marie green. this is the "cbs morning news."

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our top stories this morning. a sentencing hearing begins today for sergeant bowe bergdahl. last week he pleaded guilty to desertion and misbehavior for walking off his post in afghanistan in 2009. bergdahl was held by taliban allies for five years and brought home in a prisoner swap. a military judge will decide his fate and he could get prison. a candlelight vigil was held last night in tampa, florida. all three were gunned down, the within a mile of each other. the police believe the murders are relating. the fbi is assisting in the search for the suspect wearing a hoodie walking in this surveillance video.

>> reporter: president trump continues to defend his conversation with the widow of a u.s. soldier killed in niger. >> these are very, very hard calls. >> reporter: in an interview on fox news, the president denied being anything less than respectful. mr. trump also said his chief of staff john kelly had every right to be upset with congresswoman frederica wilson who said she overheard the call and complained about his tone. >> he was so offended that someone would be listening to that call. >> reporter: the president took another shot at wilson on sunday. in a tweet he said a gift that keeps on giving to the republican party. >> not only does he owe me an apology, but he owes an apology to the american people. >> reporter: khizr khan is the father of a u.s. army captain killed in iraq in 2004.

>> they deserve the utmost dignity and respect. >> reporter: he said the families of fallen soldiers should be allowed to grieve in private. >> but that had not been done. it had been made a political football. >> reporter: senator graham wanted to know what went wrong in niger. >> i would urge president trump to talk a little bit more about the four soldiers. >> reporter: graham said they'll brief congress this week. roxana saberi, cbs news, new york. coming up on "cbs this morning" -- >> reporter: we're here in one of the most pristine places on earth, but there's a growing threat. plastic. researchers believe more than 300 billion pieces of it are polluting the arctic. that story ahead. plus, we'll show you how the oakland a's helped a 9-year-old boy after his home was destroyed by the california wildfires. and gayle talks with author jason reynolds about his new book "long way down." that's the "cbs morning news"

for this monday. thanks for watching. i'm anne-marie green. have a great day. thanks for watching. -- captions by vitac -- www.vitac.com

do you want to do a monster check? yes. no monsters. ♪ how about the drawer? ♪ no monsters. nightly monster checks are how grant makes home his. and homegoods is what makes it all possible. amazing finds. always great prices. make home yours. i'm kenny choi. live from the cbs bay area studios, this is kpix5 news. you are looking live at the bold and beautiful bay bridge in the city of san francisco. it is the cool before the warm

up today. good morning. it's october 23rd and i'm kenny choi. michelle hates the calm before the storm. [laughter] >> it's monday. happy monday. >> you are right, my kids are going to school right now. it's going to get hot, get ready. it will be a toasty day with temperatures near record- breaking. 15-20 degrees above average today and tomorrow. not just hot, but dry. tomorrow will be the hottest day but don't let that fool you. it will be pretty uncomfortable out there. sunblock and short sleeves. we are tracking the usual slow downs. to the altamont pass, it's a 20 minute ride to 680. we have a car blocking one lane of self bun 101 on the connector, to 280.