field right there where thousands are going to be showing up tonight. good morning to you, our viewers in the west, and welcome to "cbs this morning." i'm gayle king with anthony mason and tony dokoupil. guilty of murder. a dallas jury could send former police officer amber guyger to prison for life. how newly revealed text messages could affect that decision. impeachment intimidation? secretary of state mike pompeo accuses house democrats of bullying while they say he may be part of a cover-up. making a murderer reveal, only on "cbs this morning." an attorney details her n nextar of the hit netflix series. and royal lawsuit. prince harry and meghan challenge a british tabloid, claiming she's a victim of the same, quote,le propaganda that targeted princess diana. >> it's wednesday, october 2nd,

2019. here's today's "eye opener," your world in 90 seconds. we, the jury, unanimously find the defendant, amber guyger, guilty of murder. >> reporter: a former dallas police officer faces life in prison. >> my life has not been the same. it's just been like a roller coaster. i cannot sleep. the state department's independent watchdog is heading to capitol hill today for what's being called an urgent briefing on the ukraine scandal. >> president trump reportedly suggested opening fire on migrants at the border and a trench filled with snakes or alligators. >> if i were sitting in a meeting like that and somebody said something that crazy, i would be looking for a way to get another job. record-breaking heat broils the south and midwest. >> temperatures prompted several ohio schools to cancel classes. >> i want to not feel hot. >> it's hot out here! it's hot. violent clashes escalating in hong kong. >> for the first time, a protester was shot by police with live ammunition.

duchess of sussex announced that she was suing the man on sunday over claims it unlawfully published one of her private letters. >> all that -- the national league wild card game between the brewers and nationals. washington wins it, 4-3. >> ball game! >> and all that matters. the president of ukraine at the center of the impeachment inquiry against president trump is back in the spotlight, this time with tom cruise. >> so, now trump is facing a witch hunt and an ethan hunt on top of that. >> on "cbs this morning." >> there's a viral video of this beverage cart at o'hare airport. it's spinning. it's spinning. it's going to hit the plane. oh! it barely misses the plane. and blam! >> they probably just picked those things up off the ground, put them back on the plane, you know? someone on the plane was just sitting there and was like, whoa, what was that over there?

i don't know, i'll enjoy my complimentary diet pepsi now. >> this eye opener was brought to you by toyota. let's go places. >> you could see that happening. >> yes, we could. >> trevor noah. you could see it. >> i love that video. >> i do, too. welcome to "cbs this morning." we begin with this in dallas. the wife of a former dallas police officer accused of murdering her black neighbor in his own home could spend the rest of her life in prison. the jury deliberated for less than five hours before finding amber guyger guilty of murder yesterday for shooting and killing botham jean last year. >> the case is now in the sentencing phase, and jurors are hearing more evidence, including racially insensitive text messages geiger shared. omar villafranca is at the courthouse in dallas. omar, how will those text messages factor in sentencing, do we think? >> reporter: prosecutors are showing the jury text messages and social media posts to give them a sense of who geiger is. that evidence will be taken into consideration for their sentencing. and after yesterday's hearing, there is a lot for them to take

in. keep in mind, she could face five to 99 years in prison. >> my life has not been the same. it's just been like a roller coaster. >> reporter: botham jean's mother, allison, testified at a sentencing hearing tuesday about how her life has changed since amber guyger shot and killeder son. >> it's just been the most terrible time for me. >> reporter: the jury convicted the former police officer of murder after deliberating for less than seven hours. >> we, the jury, unanimously find the defendant, amber guyger, guilty of murder as charged in the indictment. >> reporter: cheers erupted in the courtroom as the verdict was announced. jean's family embraced. geiger sat crying at the defense table. jean's family attorneys say this outcome is justice for other unarmed, black victims. >> and this verdict is for trayvon martin. it's for michael brown. it's for sandra bland. it's for tamir rice.

it's for eric gardner. >> reporter: today, the jury will review new evidence for sentencing. prosecutors already presented racially incensensitive texts s sent last year while working at a martin luther king day parade. >> message sent to the defendant "when does this end, lol." outgoing message from the defendant "when mlk is dead" dot, dot, dot, "oh, wait." >> reporter: and they showed the jury some social media posts that promoted violence against civilians. >> i wear all black to remind you not to mess with me because i'm already dressed for your funeral. >> reporter: attorneys say this new evidence shows amber guyger's true intent. >> we believe it shows a different picture than the crying, tearful or mournful person who is on the stage. >> reporter: according to studies, since the beginning of 2005, 106 officers have been arrested for shootings while on duty. only 35 had been convicted of a

crime. keep in mind, this case is a little bit different since guyger was off duty. deliberations are scheduled to start at 9:30 this morning, and we have no idea how long they'll last. >> omar, thank you. now to the impeachment inquiry in washington, where house democrats are trading angry charges with secretary of state mike pompeo. democrats say the secretary could be involved in a, quote, blatant cover-up and a clear abuse of power, after pompeo accused them of trying to intimidate state department officials into testifying. sources tell cbs news a former state department official and a former ambassador have agreed to testify. a short time ago, pompeo confirmed he listened in on president trump's july 25th phone call to ukraine's president that triggered the impeachment probe. nancy cordes is on capitol hill. nancy, what else did the secretary have to say? >> reporter: good morning. secretary pompeo said the call was focused on rooting out corruption and graft in ukraine, but we know that that's not what the call summary released by the white house shows.

this comes amidst a huge and escalating clash between congress and secretary pompeo over evidence and witnesses. >> it was about helping the ukrainians to get graft out and corruption outside of their government. >> reporter: secretary pompeo broke his silence about his role in a call between ukraine's president and president trump, and he accused democrats of pressuring state department officials to testify right away. >> we will, of course, do our constitutional duty to cooperate with this co-equal branch, but we are going to do so in a way that is consistent with the fundamental values of the american system. >> reporter: overnight, democrats railed against secretary of state mike pompeo after he said top officials needed more time to prepare for congressional interviews. >> it's essentially saying, don't snitch, and that's just not how we do things in our government. >> reporter: in a blistering letter, pompeo accused democratic leaders of trying to

bully state department officials into sitting for depositions. house democrats fired back that pompeo may now be a fact witness in the impeachment inquiry and that any attempt to prevent witnesses from testifying might indicate that he is trying to cover up illicit activity. >> the state department's people could cooperate. they could come in immediately. >> reporter: state department inspector general steve linick emailed multiple congressional committees, saying he wants to discuss and provide staff with copies of documents related to the state department and ukraine. the briefing comes just two days after cbs news and other outlets confirmed that pompeo was on the call where president trump asked the president of ukraine to investigate his campaign rival, joe biden, and his son. the president's allies slammed the congressional probe as a coup and a trap. >> they're putting them through really an impeachment mockery.

>> reporter: we may not know exactly what the state ig is planning to share with congress today, but we do know that its job is to root out mismanagement and wrongdoing at the department, so that should provide a clue. steve linick has been the inspector general at the state department since 2013. he has a lot of autonomy and does not need the secretary's permission to come here to congress to brief staffers. >> all right, nancy, thank you very much. a new book is shedding light on president trump's battle to push ahead with one of his signature policies -- securing the u.s./mexico border. according to the book, mr. trump suggested shooting migrants in the legs. he reportedly made the suggestion in march during a meeting where he also called for the entire border to be closed. two "the new york times" reporters wrote the book, which is published by simon and schuster, a division of cbs. paula reid's at the white house. paula, why did the president allegedly make these comments?

>> reporter: good morning. earlier this year, as border crossing numbers hit record numbers, the "times" reports the president grew increasingly frustrated with the situation along the southern border and intent on delivering on his campaign promise to build a wall and deter illegal immigration. he started throwing out some new ideas. >> we're closing the border. close it. and we'll keep it closed for a long time. i'm not playing games. >> reporter: in late march, president trump publicly threatened to close the u.s./mexico border. but according to the "times" reporters, in a march meeting, the president's advisers tried to turn him away from such a drastic move. he responded "you're making me look like an idiot" and shouted, "i ran on this! it's my issue." >> administration officials were constantly having to kind of walk the president back from the precipice, walk him back from the edge of what could be a crisis. >> reporter: michael shear and julie hirschfeld davis are authors of "border wars: inside

trump's assault on immigration." >> he made all these promises, he talked in grandiose ways about things he wanted to do when he was in office, but then he comes in and confronts the reality of governing. >> reporter: the article also details the president's other suggestions to stem migration. >> they want to throw rocks at our military, our military fights back. we're going to consider it -- and i told them, consider it a rifle. >> reporter: and while he said he didn't mean to shoot migrants if they threw rocks at border patrol agents, "the new york times" reports that the president later suggested they shoot migrants in the legs to slow them down. they write, he also privately talked about fortifying a border wall with a water-filled trench stocked with snakes or alligators, and he wanted the p e humactrifin flesh. the white house has responded to this report in a statement. it did not directly address the allegations but said the president has clearly and publicly stated many times he wants to make american

communities safer by building a wall, closing dangerous loopholes that incentivize child smugglers and drug cartels and implement a merit-based immigration system. >> all right, paula. thank you. this morning, the state department is calling on north korea to, quote, refrain from provocations. north korea fired another ballistic missile yesterday, just hours after agreeing to resume stalled nuclear talks with the u.s. south korean officials confirm the missile was launched from the coast of wonsan, east of the north korean capital of pyongyang. it flew for about 280 miles and reportedly landed in the sea of japan. rami inocencio is following this story from hong kong. ramy, how could this affect the nuclear talks? >> reporter: good morning, gayle. experts say this really is north korea's way of ramping up pressure against the united states ahead of those talks this saturday. they say this is also a calculated show of strength by the rogue nation as it attempts to project its growing military

might. now, u.s. officials tell cbs news that this was a land-based test of a midrange ballistic missile that can be launched from a submarine. this is a significant escalation, of course, from the short-range missiles north korea has tested so far this year, and authorities are especially concerned about this type of weapon because it is much harder to detect in advance. now, this is the ninth time north korea has tested weapons ever since late july. nuclear talks between the u.s. and north korea have so far stalled since the vietnam summit between president trump and north korean leader kim jong-un in february failed to produce a deal. now, the white house says it is monitoring the situation closely and is also discussing with u.s. allies in the region but looking ahead to saturday, not sure yet on how it will impact those negotiations. tony. >> ramy inocencio in hong kong, thank you so much. a heat wave is affecting millions of americans from the deep south to the northeast. it's been a warm end of summer with more than 150 cities across the u.s. having their hottest

september on record. remarkably hot. and girl deli e this is a big heat wave. it's a long-lasting heat wave and this is what we expect du record high for the month of october at 96. not to be outdone, richmond 98 degrees. 73 new records possible in 19 states during the day today. there's some good news tomorrow. look at new york city. we go from 90 today to 59 tomorrow, so literally from shorts to sweaters in less than 24 hours. still hot, though, in richmond and still baking across the southeast. birmingham, 99 degrees tomorrow. september was an unbelievably warm month, and we saw remarkable heat, especially across the east. take a look at this, 21% of the united states had their warmest september on record, and 59% of the nation were in their top five warmest. this is fairly incredible. and because of that, we have

severe drought in parts of the southeast. it's drying out the soils. there is some good news. we're going to get some rain, but it's going to take until monday or tuesday for that rain to move in. in the meantime, air conditioners working overtime across most of the nation. >> all right, jeff, thank you. there is a new twist in the case of a connecticut man charged with killing a worker at a caribbean resort. a revised autopsy raises questions about whether cocaine detected in kenny mitchell's system played a role in his death after a fight with scott hapgood. errol is following this. >> we are working to confirm details, but according to the "the new york times," this revised coroner's report may change the cause of mitchell's death. citing that report, "the new york times" writes that acute cocaine toxicity could have been a potentially independent cause of death. now, it reportedly shows mitchell's levels of more than double what's normally considered deadly. >> wow.

>> although everyone reacts differently. cbs news has reached out to the coroner's office for a copy of this report, but we have not yet heard back. if you remember, scott hapgood said he was acting in self-defense when he got into a fight with mitchell, pinning him to the ground in his hotel bathroom. he claims mitchell was demanding money and threatening him with a knife. now, we spoke with a hotel bellman back in august who was the first in the room when this altercation was taking place, and he said hapgood was on top of mitchell and that mitchell could barely breathe. he also told me that hapgood refused to get off of mitchell until police arrived 30 minutes later. now, it's unclear how this new report could affect the case and manslaughter charges still pending against hapgood. back in september there was a five-day evidentiary hearing, but the results of that have not yet been made public. this case now adjourned until mid-november. >> that does certainly add another twist to the case, for sure. >> it does. >> so many questions. and for the victim and his family, they say he was gentle.

we would never expect for this to happen, but we need to wait for the results of this case to see what the evidence is. >> fascinating new details. errol, thank you very much. health officials in new jersey and virginia have announced the first deaths in those states related to vaping. latest cases bring the total number of confirmed deaths nationwide to at least 15. and according to the cdc, there are now more than 800 confirmed and probable cases of severe lung illness linked to vaping nationwide. a ban on flavored e-cigarettes took effect overnight in michigan, and texas a&m university has now banned all vaping products as well. president trump, of course, has proposed a federal ban on most flavored e-cigarettes and vaping products. we're waiting for more information on that. a federal judge has temporarily blocked georgia's controversial abortion law from going into effect in january. the legislation outlaws the procedure as early as six weeks into pregnancy or when a fetal heartbeat can be detected. the current state law bans abortions at 20 weeks. georgia is one of at least nine states that passed laws to

restrict abortions earlier this year. a federal judge cleared harvard university of discriminating against asian americans in a case with major implications for affirmative action in college admissions across the country. a group opposed to affirmative action accused harvard of deliberately and illegally restricting the number of asian americans on campus. the judge rejected that argument. she said harvard meets the strict constitutional standard for considering race in admissions. she ruled that while its process is not perfect, she found no evidence of any racial animus. an appeal is expected, and it could eventually go to the supreme court. the duchess of sussex is suing a british tabloid with the full support of prince harry. ahead, why harry is comparing press coverage of meghan to what his mother, princess diana, had to endure. but first, good wednesday morning to you. another chilly start to the

day. so definitely bundle up as you head out the door for work and school. a sunny and mild afternoon. mid 70s in concord and for san jose. low 70s in oakland and upper 60s for san francisco. a slight dip in temps for tomorrow and breezy to windy conditions. as we head through the rest of the week high pressure builds in we warm up friday and into the weekend.

⌞>> we have much more news ahead, including what zoo officials are saying after a woman went into a lion's den, putting her life on the line. plus, in medical price roulette, one texas bride told anna werner she had to cancel her wedding and elope after a medical emergency. >> i said, i'm at work. what does that mean for my surgery that i just had? and she said, it's looking like the balance from our facilities is up around $40,000. >> $40,000? >> yes. my heart just dropped. >> as it would. ahead, what you can do now to

avoid massive charges. you're watching "cbs this morning." wo. even a- (ernie) lost rubber duckie? (burke) you mean this one? (ernie) rubber duckie! (cookie) what about a broken cookie jar? (burke) again, cookie? (cookie) yeah. me bad. (grover) yoooooow! oh! what about monsters having accidents? i am okay by the way! (burke) depends. did you cause the accident, grover? (grover) cause an accident? maybe... (bert) how do you know all this stuff? (burke) just comes with experience. (all muppets) yup. ♪ we are farmers. ♪ bum-pa-dum, bum-bum-bum-bum (chis not just hurting you.ng if you can't make up your mind to quit for yourself, do it for those who love you. (announcer) for free help, call 1-800-quit now. (groans) hmph... (food grunting menacingly) when the food you love doesn't love you back, stay smooth and fight heartburn fast with tums smoothies. ♪ tum tum-tum tum tums

with tums smoothies. johnsbut we're also a cancer fighting, hiv controlling, joint replacing, and depression relieving company. from the day you're born we never stop taking care of you. to find out, olay faced the world.better than olay? we tested our vitamin b3 formula and beat japan's top moisturizers. south korea's most innovative. and even the $400 french cream. olay regenerist faced 131 premium products in 12 countries, over 10 years. olay's hydration was unbeaten every time. olay. face anything. if you have moderate to thsevere rheumatoid arthritis, month after month, the clock is ticking on irreversible joint damage. ongoing pain and stiffness are signs of joint erosion. humira can help stop the clock.

prescribed for 15 years, humira targets and blocks a source of inflammation that contributes to joint pain and irreversible damage. humira can lower your ability to fight infections. serious and sometimes fatal infections including tuberculosis, and cancers, including lymphoma, have happened; as have blood, liver, and nervous system problems, serious allergic reactions, and new or worsening heart failure. 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. help stop the clock on further irreversible joint damage. talk to your rheumatologist. right here. right now. humira.

this seat? this seat is reserved for the restless. those who need to move. and roar. and ride. up, down, over. powering through. this seat is for those that get down in it. into the fray. the arena. ♪ ) oo the arena. tip i get help to find the best way for you to quit smoking. (announcer) you can quit. for free help, call 1-800-quit-now.

this is a kpix 5 news morning update. >> good morning it's 7:26 i'm kenny choi. investigators say that more than one person was behind the abduction of tooshar autray. yaed investigators discovered a get away vehicle and unidentified body. new details are emerging in the criminal investigation involving the gilroy high school football team. four students have now been cited for sexual battery. and in san jose police are looking for the gunman in a deadly shooting. no word yet on any suspects or a motive. news updates throughout the day on your favorite platforms including your website kpix.com.

welcome back it's 7:27 and your morning drive is in full swing.

you've got busy conditions on most of our bay area bridges that includes the bay bridge where the metering lights are on and you've got a slow ride working your way out of the maze as well as the east shore freeway. noimz frae. 45 minutes to 605. freeway commute a slow drive time from hercules down to the macarthur maze. clear skies and chilly conditions once again. bundle up and grab that jacket or coat if you're heading out the door for work or school. mid 70s concord. upper 70s livermore. low 70s in oakland and upper 60s for san francisco. a slight dip in temperatures. the winds kick up with a dry front on thursday warming up into the weekend.

it's 7:30. here's what's happening on "cbs this morning." >> it's been the most terrible time. >> a jury considers the prison sentence for a former police officer convicted of murdering her neighbor in his apartment. >> although we've got a murder conviction, their lives will never be the same. house democrats and secretary of state pompeo accused each other of intimidating potential impeachment witnesses. >> it's unacceptable. the east coast heats up again after the warmest september on record in much of the u.s. >> it's super hot. >> he has spent almost half his life behind bars. >> plus, only on "cbs this morning," the next move from the lawyer for a central figure in the docuseries "making a murderer."

>> never say never. and with botox and fillers getting more popular, dr. tara narula shows how to be safe. >> finish your salad and i'll treat you to a little mani/pedi/botox. >> you say it like everybody does it. >> more people do. >> welcome back to "cbs this morning." i'm tony dukoupil with gayle king and anthony mason. we have an update in our investigation "medical price roulette." it explores the lack of transparency for health care costs. we teamed up with george ufts at clear health costs and asked viewers to tell us about your bills. molly mckenna from texas owes more than $20,000 after a trip to the emergency room. she's among hundreds of americans who responded with bills showing a wide range of prices for the same procedures. consumer investigative correspondent anna werner is here. how did that unexpected price tag affect poor molly? >> this 32-year-old bride-to-be says this sudden huge bill changed her understanding of her

insurance, her financial picture and even her wedding plans. >> i thought that i was dying. it was really scary. >> reporter: you thought you were dying? >> i did. yes. >> reporter: molly mckenna said her medical and financial trouble began earlier this year with excruciating abdominal pain. >> hands down the most painful thing that i've ever experienced in my life. >> reporter: her fiance took her to this emergency room at baylor scott and white clinic where doctors told her it was an emergency. >> the doctor came in and said, your ovary is a big hemorrhaging mess. we have to take it out. >> reporter: she was transferred to a scott and white hospital where she presented her insurance card. a few weeks later she was told she was out of network. >> i said, what does that mean for my surgery that i just had? she said, it's looking likpe rr:naned more

erich highghts the gamble consumers face with pricing. what does it say to you that so many people had stories to tell us? >> it says that something is very broken. >> reporter: what's broken in mckenna's case, says her insurance broker laura everest is the hospital's pricing system. >> if she had been charged the fair rate, she would be out very little money. >> reporter: so you basically think they're gouging? >> absolutely. >> reporter: that's because everest said mckenna's insurance already paid over $6,000 for the surgery. mckenna negotiated some bills down, but baylorscot & white demanded $20,000 more. what's your understanding why the rate was the price? >> because there is no guideline. there is no transparency. they can charge whatever they want. so, she basically got taken advantage of. >> reporter: with the bill unresolved, mckenna and her

fiancee decided to skip the wedding they hoped for with friends and family. she says they've decided to elope instead. >> i'm not a person, i'm not a human to them. i'm a dollar sign. >> reporter: baylorscott & whit lower than other acute hospitals in the region. but after we asked them about mckenna's charges, the hospital said her case showed an opportunity for improvement. although it did not answer our questions about her case in specific, the amounts she was charged, it now says they will contact molly mckenna to work toward solving her problem. >> they should work in the state department with an answer like that. >> yes. >> this makes my blood boil. if you're in an emergency situation, how do you avoid charges like this? >> it is difficult. but there are a few things that you can do. one, find out which hospitals are close to you in your network in advance before the emergency happens. if it's not a life-threatening emergency, consider a cheaper walk-in or urgent care instead of the regular e.r.

if you do wind up in the e.r., you can ask or have somebody with you ask if the doctors treating you are in your network, if that's even possible in an emergency situation. and remember to please share your prices with us. go to cbsnews.com/healthcosts, and click on the "share and search prices" button and contact us. you can e-mail us at healthcosts@cbsnews.com. >> i'm not sure how you ask if you're in network when you're doubled over in pain. >> honey, check on the insurance prices -- >> it's difficult, but it might help in some situations. >> you're getting a big response from this. people -- lot of people with scary stories. >> we are. we're grateful to people for sharing their information with us. we know that's a little bit of a leap for some people. a lot of people have done it. >> it's very helpful. thank you. prince harry is blasting british tabloids over how they treat his wife, meghan. ahead, how the couple is accusing a newspaper of lying about a letter meghan wrote to her estranged father.

and if you're on the go, subscribe to our podcast, hear the day's top stories in less than 20 minutes. you're watching "cbs this morning." now. so strong. you power through chronic migraine, 15 or more headache or migraine days a month. one tough mother. you're bad enough for botox®. botox® has been preventing headaches and migraines before they even start for almost 10 years, and is the #1 prescribed branded chronic migraine treatment. botox® is for adults with chronic migraine, 15 or more headache days a month, each lasting 4 hours or more. effects of botox® may spread hours to weeks after injection causing serious symptoms. alert your doctor right away, as difficulty swallowing, speaking, breathing, eye problems, or muscle weakness can be signs of a life-threatening condition. side effects may include allergic reactions, neck and injection site pain, fatigue, and headache. don't receive botox® if there's a skin infection. tell your doctor your medical history, muscle or nerve conditions, and medications including botulinum toxins, as these may increase the risk of serious side effects. go on with your bad self.

you may pay as little as zero dollars for botox®. ask your doctor about botox® for chronic migraine. you got this. yof your daily routine.lf so why treat your mouth any differently? listerine® completes the job by preventing plaque, early gum disease, and killing up to 99.9% of germs. try listerine® and for on-the-go, try listerine® ready! tabs™ if ylittle thingsate tcan be a big deal., that's why there's otezla. otezla is not a cream. it's a pill that treats plaque psoriasis differently. with otezla, 75% clearer skin is achievable. don't use if you're allergic to otez mayseevere diarrhea, nausea, or vomiting. otezla is associated with an increased risk of depression.

tell your doctor if you have a history of depression or suicidal thoughts or if these feelings develop. some people taking otezla reported weight loss. your doctor should monitor your weight and may stop treatment. upper respiratory tract infection and headache may occur. tell your doctor about your medicines and if you're pregnant or planning to be. otezla. show more of you. so kim, you going for our big drive safe & save discount? yup, using the app. i've been quite vigilant. sharon says step on it. the meeting's started. ok, write her back 'dear sharon, don't mess with my discount!' faster mommy, i gotta go to the bathroom. i do too honey, but we're gonna hold it for mommy's discount. easy, easy! but you're in labor? don't mess with my discount! uh hem. get a discount up to 30% with drive safe & save from state farm. i actually don't even know what that is! is your body wash gentle on your microbiome? it's your skin's living protective layer. ...like a barrier. so, we do have to protect it.

now dove discovered its moisturizing formula cleanses without stripping skin's microbiome. dove body wash. microbiome gentle. softer, smoother skin.

a british newspaper's defending itself after prince harry and his wife meghan announced legal action against the tabloid. it published a letter that meghan wrote to her estranged father. harry also lashed out at the british press for its treatment of meghan. this comes as the duke and duchess of sussex wrap up their africa tour. debora patta is in johannesburg with more. >> reporter: the couple here at this house meeting the wife of former south african president nelson mandela. all that could take a back seat with the filing of this lawsuit. the timing of the legal action comes as a surprise after a ten-day african tour generated a lot of positive publicity. according to royal correspondent roya nika. >> it throws a cloud over the last day of what was a really

successful trip for the couple here in africa. >> reporter: in a stinging reproach to the media, prince harry said that they are suing the tabloid "mail on sunday" for publishing private correspondence from the duchess of sussex. there is a human cost to this relentless propaganda. i cannot begin to describe how painful it has been. earlier this year, the tabloid newspaper published an article about a handwritten letter that meghan had sent to her estranged father, thomas markle. harry has accused the paper of editing the letter selectively in an intentionally misleading and destructive way. indicating the anger and turmoil he suffered when his mother, princess diana, died in a car crash after being pursued by the paparazzi, harry stated, my deepest fear is history repeating itself. i've seen what happens when someone i love is commoditized to the point that they are no longer treated or seen as a real person. i lost my mother, and now i

watch my wife falling victim to the same powerful forces. >> we have guidance from the palace that the statement itself is all harry's own words. >> reporter: even before they were married, harry accused some newspapers and social media commentators of racist and sexist reporting of his relationship with then-girlfriend meghan. and just yesterday, relationships with the press grew tense shortly after harry was asked a seemingly harmless question by a journalist while leaving an official engagement. prince harry's biographer says she understands why he wants to protect his wife but added this seems like an overly emotional and somewhat ill-advised outburst. it's up to a london court to decide if that is, indeed, the case. tony? >> remarkable statement from prince harry. thank you so much. >> it will be interesting to see the response in britain because i've heard that they've had it up to here with how she's relentlessly attacked. the last line says a lot.

they're thanking the public for their continued support. it's hugely appreciated. although it may not seem like it, we really need it. they both feel under attack. as you said, he's worried about what happened to his mom happening to meghan. that really weighs on him. >> clearly writing from the heart. >> exactly. vladimir duthiers is looking at the stories you'll be talking about today. vlad, what have you got? >> check this out. a woman apparently wanted to show a lion who was king. ahead, what she did while inside the lion's den and what got her to leave. >> do lions eat nuts that was that was the headline in "the new york

>> announcer: this portion of "cbs this morning" sponsored by edward jones. it's time for investing to feel individual. this is the age of expression. everyone has something to say. but in a world full of talking, shouldn't somebody be listening? so. let's talk. we are edward jones. with one financial advisor per office, we're built for hearing what's important to you. one to one. edward jones. it's time for investing to feel individual. (sharon) smoking caused my throat cancer. but, walking every day makes me feel like myself again. well, well, almost. (announcer) you can quit. for free help, call 1-800-quit-now.

we're proving the new keurig k-duo brewer makes any occasion the perfect coffee occasion. breakfast in bed! just add ground coffee for a carafe, or pop in a pod for a freshly brewed cup. exactly how i like my coffee. you've got your carafe. i've got my light roast. we're brewing the love. fact! coffee stains teeth. unlike ordinary whitening toothpaste, colgate optic white has hydrogen peroxide that goes below the tooth's surface for a smile that's 4 shades visibly whiter. colgate optic white. whitening that works. tremfya® is fors caadults with moderate to severe plaque psoriasis. tremfya® is the first fda-approved medication of its kind. with tremfya®, you can get clearer. and stay clearer. most patients who saw 90% clearer skin at 28 weeks stayed clearer through 48 weeks. in another study, the majority of tremfya® patients saw 90% clearer skin at 3 years. don't use if you're allergic to tremfya®. tremfya® may lower your ability to fight infections and may increase your risk of infections. before treatment, your doctor should check you

for infections and tb. tell your doctor if you have an infection or symptoms or if you had a vaccine or plan to. serious allergic reactions may occur. tremfya®. stay clearer. janssen can help you explore cost support options. pampers is here to help every parent love the changes a baby brings. [baby cries] pampers is the first and only diaper with air dry channels. they stay up to 3 times drier, so babies can sleep soundly...all night. pampers. performance comes in lots of flavors. ♪ (dramatic orchestra) there's the amped-up, over-tuned,

feeding-frenzy-of sheet-metal-kind. and then there's performance that just leaves you feeling better as a result. that's the kind lincoln's about. ♪ friends & family sale!.... take an extra 20% off! save on tek-gear hoodies... athletic shoes - just $39.99... and pick up a new fitbit. plus - take an extra $20 off your $100 purchase!... plus - everyone gets kohl's cash! right now... at kohl's. smell those pancakes, pass the syrup, but don't forget a side of "what to watch" with vladimir duthiers. >> i love pancakes.

>> i do, too. i think i'm having a stroke, i smell pan kicks. >> i love sticky sweet. sticky sweet. >> you are sticky sweet. >> good morning. you' be talking about today. it has been a year since journalist jamal khashoggi was killed inside the saudi arabian consulate in istanbul. this morning, activists and friends of khashoggi held a ceremony outside the consulate. it started the exact time he walked into the building on october 2nd, a year ago. his fiancee was there to take part in the ceremony. last year at the very same time. she waited outside the consulate as khashoggi went in to get some documents he needed to marry her and never came out. >> it is eerie to see that video of him walking in knowing how it ended. >> still no body. >> still no body. >> long-term repercussions for her and his family. where are the repercussions for saudi arabia? unclear at the moment. >> very much so. the fiancee says she still wants answers from the saudi government. >> of course she does. johnson & johnson is the latest company to settle

lawsuits over responsibility for the nation's opioid crisis. the drug company announced a more than $20 million settlement with two ohio counties, it includes $10 million in cash and $5 million reimbursements for legal fees.johnsojohnsoll pay m than $5 million to nonprofits for opioid-related programs. in august they were ordered to pay $572 million for fueling that state's opioid epidemic. johnson & johnson said it, quote, acted responsibly with its products and the settlement is not an admission of liability. you have to wonder what a woman in new york city was thinking when she did this on saturday. the woman jumped a safety barrier at the lion's den at the bronx zoo. that's a video she posted herself to instagram. check this out. she's getting around the barrier, just a few feet from the lion. that wasn't enough for her. she also did this little brief dance. waving her arms and shaking her hips. the lion is like, should i eat, should i jump, should i -- yes,

yes. a witness said she left after % the lion unleashed a menacing roar. she was not hurt. the zoo issued a statement saying this action was a serious violation and unlawful trespass that could have resulted in serious injury or death. >> she's doing that for the instagram --? >> that's crazy. >> i mean, tony, you nailed it when you quoted the new york post with a big headline that says, oh, no, do lions eat nuts? i don't know if that's crazy but that seems ill-advised and bad to do to the animals. it's taunting that animal. >> if something were to happen, that lion would be in serious jeopardy. >> she had to work to get there, too. annoying. >> well said. here's a really heartwarming story that we're going to leave you with. the defending nhl st. louis blues received their first-ever championship rings this week. and there was also one very some fan who got one. you might remember 11-year-old laila anderson. while battling a rare immune disorder she became an inspiration to the blues during their playoff run. she was on the ice helping the team celebrate their game seven win in boston.

yesterday, two blues players went to her missouri home to deliver the ring. take lk ts. >> you know how much you mean to us, right? >> y. >> at ion u've been tomany people. have someg d like y to op rigo. >> that box looks familiar. oh, my! oh, my -- >> i can't not cry when i see that. i cried when i first watched it. the tribute didn't stop there. her name is inscribed on the inside of all of the rings of the blues players. >> wow. >> look at that. >> i need a tissue. >> very nicely done. >> 300 diamonds and sapphires. >> a lot of ice. a lot of ice. >> that is an incredible tribute. it really is. >> i love them saying, you know

what you mean to us, right, and she goes, "yeah." >> she was their rallying cry. >> she was very enthusiastic -- it was fun watching her watching them. >> indeed. >> they apologized to her future husband for giving her the ring. >> he's never going to measure up. >> you can't live up to that. all right. thanks, vlad. you can watch vlad on our 24-hour streaming service, cbsn, find it on cbsnews.com. coming up, only on "cbs this morning," the attorney for one of the convicted killers in "making a murderer." ♪

♪ ♪ good lunch? amazing! toyota, let's go places. emreplenished,d, fortified. emerge everyday with emergen-c. packed with b vitamins, electrolytes, antioxidants, plus more vitamin c than 10 oranges. why not feel this good every day? emerge and see. i work hard and i want my money to work hard too. so i use my freedom unlimited card.

even when i'm spending, i'm earning 1.5% cash back on everything i buy. (shouting) earning on headphones! huh? earning. earning. still earning. always earning. i don't know where you're pointing. not that one! the big one. you can't sneak a good earning opportunity past me. in fact... i've got a hand modeling gig that starts right now. earn 1.5% cash back on everything you buy with freedom unlimited. oooh. my hand looks good. chase. make more of what's yours. why fingerstick when you can scan? with the freestyle libre 14 day system just scan the sensor with your reader, iphone or android and manage your diabetes. with the freestyle libre 14 day system, a continuous glucose monitor, you can check your glucose levels any time, without fingersticks. ask your doctor to write a prescription for the freestyle libre 14 day system. you can do it without fingersticks. learn more at freestylelibre.us you can do it without fingersticks. frustrated that everyday activities cause wrinkles and there's nothing you can do about it?

downy wrinkleguard is a fabric conditioner that helps protect you from wrinkles all day. pants washed with downy wrinkleguard and detergent are virtually wrinkle free. try downy wrinkleguard. full of tasty, good for you ingredients. fresh and filling. so that you too will be full of good. try our new warm grain bowls today. order now on ubereats.

this is a kpix 5 news morning update. >> good morning it's 7:56 i'm kenny choi. santa clara county workers are on strike today they're complaining about wages that don't rise with housing cost in the bay area and the management of key positions in county departments. fans in oakland are buzzing about the athletic's wild card game tonight against the tampa bay rays. the first post season game there in six years. and a hay ward man accused of being a spy set to face a judge today. edward pong was delivering classified documents to china for years while he posed as a tour guide in san francisco. news updates throughout the day on your favorite platforms including your website kpix.com.

i don't care where you're from, we're all just people. we want people to feel like they spent time with family. we want to create a place for more than just ourselves. we create the things that we want to exist in the world. ♪ my doors are always open. ♪ good morning. we're in the traffic center

we're dealing with some mass transit delays affecting your bart and capital corridor commute. bart out of sfo area in the east bay direction. do plan for that. also capital corridor 522 approaching martinez is delayed about 25 minutes and the sfa fer rooe oakland departures to south san francisco are delayed up to 10 minutes this morning. do plan for that. checking the freeways this morning. a couple things you've got a lane blocked north 880 and 580 look out for a crash there. clear skies and chilly conditions once again. grab that jacket and coat as you head out the door and bundle up. beautiful day with that sunshine. mild temps. mid 70s for concord. upper 60s for san francisco. a slight dip in temps for tomorrow. the winds are going to kick up with a dry front pushing through. we're going to warm up friday and into the weekend.

good morning to you our viewers in the west. it's wednesday, october 2nd, 2019. welcome back to "cbs this morning". i'm gayle king with tony dokoupil and anthony mason. the next step in amber guyger's trial after the jury convicted the former police officer of murder. and exclusive details of a new move to help a man featured in the netflix series making a murderer. but first here's today's eye opener. the dallas police officer convicted of murdering her black neighbor in his home could spend the rest of hear life in prison. >> after yesterday's hearing, there is a lot for them to take in. keep in mind she could face 5 to 99 years in prison. >> secretary pompeo said the call was focused on rooting out

corruption in ukraine, but that's not what the call summary shows. >> the times reports the president grew increasingly frustrated with the situation along the southern border and started throwing out some new ideas. experts say this is north korea's way of ramping up pressure ahead of those talks this saturday. big heat wave. d.c. could challenge an all-time record high for the month of october. "the new york times" writes, quote acute cocaine toxicity could have been an independent cause of death. if you remember scott said he was acting in self-defense. the impeachment inquiry is expanding with house democrats firing off subpoenas to trump's personal lawyer rudy giuliani and trump's secretary of state mike pompeo. basically the way to look at it is like this. the democrats are oprah and the subpoenas are free cards. you get a subpoena, you get a subpoena, you get a subpoena.

>> this is presented by toyota, let's go places. welcome back to "cbs this morning". we're going to get right to breaking news from campaign 2020 where bernie sanders has put his presidential campaign on hold after a heart procedure. the sanders complain released a statement saying the vermont senator felt chest discomfort at an event last night. according to his senior adviser, quote, following medical evaluation and testing, he was found to have a blockage in one artery and two stents were successfully inserted. senator sanders is conversing and in good spirits. he will be resting up over the next few days. this is just a pause they say. sanders had scheduled a series of campaign stops in las vegas today. those have been canceled for the time being. secretary of state mike pompeo is firing back at democrats who say he may be -- may have been involved in a coverup and an abuse of power in connection with the impeachment inquiry into the president. speaking in italy this morning,

pompeo said the state department will not be bullied are intimidated by democrats. he also admitted he was on the july phone call between president trump and the ukrainian president. pompeo defended it saying the call was all about getting corruption out of ukraine and battling the threat russia poses. >> as for was i on the phone call, i was on the phone call. the phone call was in the context of now i've been secretary of state for coming on a year and a half. i know precisely what the american policy is with respect to ukraine. >> nancy cordes is on capitol hill. what else did the secretary say? >> lawyewell, he said the presi is focused on getting corruption and graft out of ukraine, but frankly the transcript of the president's phone call with the president of ukraine from july just does not back that up. it shows that president trump asked president zelenskiy to

look into a debunked theory about a dnc server in ukraine and to investigate vice president biden's son hunter biden who has not been accused of corruption or anything else in ukraine. state department inspector the- general is headed to capitol hill today to talk to house staffers about ukraine and apparently it's urgent. what can we expect from that meeting? >> all that staffers have been told is they are going to be shown documents related to the state department and ukraine. so as you can imagine, everyone is quite curious. what we can say is that the state department inspector general's job is to root out mismanagement and wrongdoing at the state department, so the likelihood that he's coming here to say that he's found documents showing that everything is just great, that's probably pretty slim. and that has led a lot of staffers who have been invited from multiple congressional committees to want to know exactly what he has and whether they will be able to take

possession of it after they're shown the documents. >> very interesting new details. thank you very much. a new planned parenthood facility built in secret just about 15 minutes from a state from some of the nation's toughest abortion laws. kate smith visited the clinic while it was under

mornahead, and only on "cbs this

ahead, a big announcement for the legal term for the man at the center of the netflix hit "making a murderer". you're watching "cbs this morning". >> woman: what?! >> vo: ...i searched for someone who really knew my car. i found the experts at safelite autoglass. >> woman: hi! >> vo: with their exclusive technology, they fixed my windshield... then recalibrated the camera attached to my glass so my safety systems still work. who knew that was a thing?! >> woman: safelite has service i can trust. >> singers: ♪ safelite repair, safelite replace. ♪ ♪ work so hard ♪ give it everything you got ♪ strength of a lioness ♪ tough as a knot ♪ rocking the stage ♪ and we never gonna stop ♪ all strength, no sweat. ♪ just in case you forgot ♪ all strength.

♪ no sweat secret. all strength. no sweat. (chis not just hurting you.ng if you can't make up your mind to quit for yourself, do it for those who love you. (announcer) for free help, call 1-800-quit now. liberty mutual customizes your car insurance, hmm. exactly. so you only pay for what you need. nice. but, uh... what's up with your... partner? not again. limu that's your reflection. only pay for what you need. ♪ liberty, liberty, liberty, liberty ♪ enough with mouthwash that burns. in fact, most mouthwashes contain more alcohol than you think. but colgate mouthwash is alcohol-free, and kills 99% of germs, without the burn. colgate total, mouthwash with no burn. if ylittle thingsate tcan be a big deal., that's why there's otezla. otezla is not a cream. it's a pill that treats plaque psoriasis differently.

with otezla, 75% clearer skin is achievable. don't use if you're allergic to otezla. it may cause severe diarrhea, nausea, or vomiting. otezla is associated with an increased risk of depression. tell your doctor if you have a history of depression or suicidal thoughts or if these feelings develop. some people taking otezla reported weight loss. your doctor should monitor your weight and may stop treatment. upper respiratory tract infection and headache may occur. tell your doctor about your medicines and if you're pregnant or planning to be. otezla. show more of you.

first on cbs, first on cbs, planned parenthood first on kcbs, planned parenthood is announcing the opening of a mega facility where abortion access is restricted. missouri has some of the strictest abortion laws in the country. cbs news reporter kate smith visited the facility as it was being built. she's been reporting on abortion issues since last year. kate, welcome to the table. >> thank you. >> start us off. what's the significance of this new clinic? i keep hearing it's big. >> exactly. in recent months states across the south and midwest have been implementing stricter laws but this is inllinois where t state is moving in the opposite

direction. >> this is the site of our brand new building in illinois. >> we first visited the new clinic in august. the sensitive project was being built in secret under the code name alaska. the doctor showed us around. >> our colleagues at independent abortion clinics across the country have had difficulty opening new clinics. things as simple as getting the phone company to come in and put phone and data lines. things like the cabinet makers not showing up to deliver once they knew that facility was going to be an abortion facility. >> the 18,000 square foot building cost nearly $7 million to build. planned parenthood estimates it can handle up to 11,000 patients a year. it is only miles from the m missouri border. its position to accommodate near my states with stricter abortion laws. the number of women crossing the border has more than doubled. >> on a personal level, i have it in my heart to serve women. >> mary-kate is the director of illinois right to life.

>> the purpose of a law is to set a moral standard for society. >> she said she's disgusted illinois has become what she calls the abortion capital of the midwest. >> it's a travesty that women come here to get an abortion. >> she says planned parenthood is committed to giving their parents the access they need. >> the truth is our patients want easier access and for some the 13 mile drive from our st. louis clinic to this illinois clinic is an opportunity for them to get that care with less judgment, with less restriction, and with far fewer hoops to jump through. >> cbs news has learned the sole planned parenthood left in missouri is planning to double its clinic escort starting today. this is in case of preparation and backlash to that new illinois facility. >> it was a secret. it's not a secret anymore. bravo on the reporting. i'm curious, is planned parenthood concerned about security? >> they are concerned about security. i should mention not just security here but security all over the nation.

we've seen a record high number in violent acts against abortion providers, so it's a real threat. >> are they getting a lot of business? >> they are getting a lot of business. the number of women crossing the border into illinois to seek an abortion has more than doubled. the existing facilities can't handle it. it was in a little strip mall. you had to back up in order for someone to come by. we're going to see the capacity more than double with this new facility. >> nationally abortion is at an all-time low. >> that's exactly right. >> thank you very much. we appreciate it. cbs news got access to the only abortion clinic in missouri. tonight a look at what it's like for women who want to have an abortion in that state. plus see extended coverage of our reports on our website cbsnews.com. the legal team for one of

the defendants in "making a murderer". >> is this your last option? >> i'll never say never, but this is our best option. >> brandan dacy's lawyer will reveal what it is and how it could impact his life. it's an interview you'll only see on "cbs this morning". is your body wash gentle on your microbiome? i actually don't even know what that is! it's your skin's living protective layer. ...like a barrier. so, we do have to protect it. now dove discovered its moisturizing formula cleanses without stripping skin's microbiome. dove body wash. microbiome gentle. softer, smoother skin.

noall dogs descend from wolves size... or the age... and for thousands of years they've shared a love for meat. grain-free blue wilderness is made to satisfy that desire. feed the wolf that lives inside your dog with blue wilderness.

aaddiction. how juuline hooked kids and ignited an public health crisis." other news outlets report- juul took $12.8 billion from big tobacco. markets e-cigarettes with kid friendly flavors and uses nicotine to addict them. 5 million kids use e-cigarettes. juul is "following big tobacco's

playbook." and now, juul is pushing prop c to overturn e-cigarette protections. vote no on juul. no on big tobacco. no on prop c. one of the convicted killers at the center of the popular netflix docuseries "making a murderer" is asking for his life sentence to be reduced. brendan dassey's legal team is announcing today they're petitioning the governor of wisconsin to grant him clemency. when dassey was 16 years old he confessed to helping his uncle kill photographer teresa halbach. critics and his lawyers claim dassey was coerced into a false confession. he served more than 12 years in prison. in an episode of the popular wrongful conviction podcast released today, dassey spoke from prison to host jason flam. only on "cbs this morning," we

spoke to flam and dassey's attorney, laura nirider. >> he has spent almost half his life behind bars. >> reporter: convicted murderer brendan dassey's legal options have been exhausted. is this your last option? >> you know, i'll never say never. this is our best option. >> reporter: now his attorney, laura nirider, is turning to wisconsin's new democratic governor. >> we're filing a petition for executive clemency with governor tony evers of wisconsin. >> reporter: in 2007, dassey and his uncle, steven avery, were sentenced to life in prison for the murder of teresa halbach. the burned remains of the 25-year-old photographer were found on the avery family property along with her key and car. avery, whose blood was found in that car, has claimed he was framed. >> i didn't do it. >> reporter: at the time of the murder, avery was suing the county and its former sheriff.

he'd been released from prison in 2003 after dna evidence exonerated him of a rape charge for which he'd served 18 years. the case became a sensation when netflix released the docu series "making a murderer." amid the murder investigation, dassey who is intellectual ly limited, was interviewed by police four times in 48 hours without a lawyer or parent present. the 16-year-old eventually confessed to helping his uncle rape and kill halbach. laura nirider says dassey was fed information by investigators. >> i'm just going to come out and ask you, who shot her in the head? >> he did. >> why didn't you tell us that? >> because i didn't think of it. >> reporter: dassey quickly recanted. first to his mother, while still in the interrogation room.

>> did you, huh? >> not really. >> what do you mean not really? >> they got to my head. >> you're convinced he's innocent? >> absolutely certain that he's innocent. >> reporter: music industry executive jason flam is behind the careers of stars like katy perry and lorde. as a member of the board of the innocence project, he fights for criminal justice reform. flam spoke to dassey for his podcast, "wrongful conviction." it's dassey's first interview since going to prison. >> i just wanted it all over with. so i said whatever they wanted to hear, you know. >> most people grow up as i did believing that the law enforcement are out to help us, right. people you call when you need help. did you have that same idea when you went in there? >> yes. i thought maybe -- anything i can do to help them, you know, i would. >> reporter: what do you hope the podcast does? >> false confessions are a problem that i want to bring as much attention to as i can.

>> reporter: according to the innocence project, in about a quarter of wrongful convictions later overturned with dna evidence, defendants made false confessions, admissions, or statements to law enforcement. admissions, or statements to law enforcement. among the reasons people falsely confess -- real or perceived intimidation by law enforcement, exhaustion, stress, and in some cases mental limitations or limited education. >> when best friendson -- brendan dassey was in special education, he was in tenth grade, he required an aide to sit next to him in the classroom to help him understand the teacher's spoken sentences. shen thirst him into the interrogation -- then shift him into the interrogation where he was barraged with 1,500 questions over 3.5 hours. you don't have to be a lawyer to understand how an interrogation like that would overwhelm someone like brendan dassey. >> reporter: what gives you hope that this governor will grant clemency? >> governor evers comes to this office from the wisconsin board

of education. he's an educator. he's been around special education students like brendan. >> reporter: as for clemency, dassey does not fit the criteria for a pardon, and the wisconsin governor has said he won't consider commutations which reduce the length of a sentence. cbs news legal analyst rikki klieman -- >> why file for clemency now? you have a new governor, and you have a new governor who has expressed himself unekwirvegly about being -- unequivocally about being interested in social justice and criminal justice reform. so they believe as his lawyers that they may get a receptive audience here. >> reporter: that's nirider's hope. >> the moment is now and the moment is for brendan to come home. >> reporter: dassey. turn -- dassey will turn 30 this month. he's not eligible for parole for another nearly 30 years.

in the past, the former prosecutor has said the same. it's worth telling people in 2016 it was ruled that the confession was coerced. he was hours away from being released when a federal appeals court blocked it. >> it's interesting, his lawyer makes a compelling case when she said when he was in tenth grade he had to have someone sit by him to translate what the teacher was saying. >> this confession is extremely controversial. it is worth pointing out that there was no physical evidence actually linking dassey to the crime. >> and big picture,

this is a kpix 5 news morning update. >> good morning everyone. it's 8:25 i'm michelle griego. this just in the campaign of presidential candidate bernie sanders just announced sanders had heart surgery for artery blockage. all up coming events and appearances will be cancelled until further notice. a live look at sfo where crews are preparing for the annual full scale emergency exercise. a chemical weapons attack will be simulated on board a plane to test emergency response. and bart general manager robert powers is coming to a bart platform near you. . news updates throughout the day on your favorite platforms including our website kpix.com. ["white rabbit" by jefferson airplane]

♪ one pill makes you larger ♪ and one pill makes you smaller ♪ ♪ and the ones that mother gives you ♪ ♪ don't do anything at all ♪ remember what the dormouse said ♪ welcome aboard. ♪ feed your head

welcome combak. back welcome back. it's 8 twenlt 7:00. an earlier trouble spot near that 92 connector. you've got brake lights making that trek out of hay ward over towards foster city. 22 minutes is your drive time on the san mateo bridge this morning. bay bridge still very busy. those metering lights remain on. you're backed up in the maze. brake lights as well 580. the east shore freeway. stop and go conditions there. it looks like you're slow and go out of richmond.

44 minutes on 80. 580 westbound give yourself 35 minutes to make that trek. it's getting a little bit better there. improving. still seeing some slow and go conditions out of the south bay. 90 minutes. northbound 101 to san jose to sfo. >> a clear and crisp fall morning with chilly conditions as you start off the day. as we head through the afternoon enjoy the sunshine and mild daytime highs. mid 70s and concord san jose. and upper 60s for san francisco. so we are cheering on our a.'s taking on the tampa bay rays for that wild card game. first pitch at 5:09. sunny and mild at 70 degrees. go a's. slightly cooler tomorrow. few more clouds and also looking at breezy to windy conditions with a weak, dry front pushing through tomorrow. we warm up friday into the weekend with highs topping out above average by the end of the week. have a great day.

it is time. ♪ listen to that music. what is that -- >> what are we ready to do here, tap dance? ♪ >> i don't know what music. welcome back to "cbs this morning." if i like that music for this. >> gayle's thrown off. >> i'm thrown. time to bring you some of the stories that we are calling "talk of the table." why? because we've got a table and we're talking. we each pick a story to share. tony, you're first. >> i'm thinking about the origins of the teen vaping epidemic. the food and drug administration, turns out, had tried to ban flavored e-cigarettes four years ago because of concerns about youth addiction. that's according to documents reviewed by the "los angeles times." this is a blockbusterer report. the "times" found that senior obama administration officials rejected the fda's proposed ban.

the officials told the "times" that they did a big cost benefit analysis, and that the economic burden on small businesses, particularly vape shops, appeared to outweigh the potential health benefits of a flavor ban. and the context here is important. between 2011 and 2014, vaping in middle and high school students increased nearly 800%. this is before juul was even on the market. didn't come until 2015. way before the crisis there was an attempt to ban it. it broke down over business concerns. what's interesting now is the trump administration is saying their fda may ban flavors, and others are pointing out that could have major political implications because there are a lot of small vape shops out there. they do vote. there's also people who use vaping products, could swing some swing states. yeah. and the fda says they didn't want to comment on it. an official quoted in the story who we spoke to said the premise is wrong, and it was a collaborative process. they didn't fold because of

business, according to the office of management and budget. >> in the meantime, the vaping deaths are continuing. >> continuing. >> don't forget that. here's a question -- how long did it take for you, men out there, to know your partner was the men -- men at the table. the average time for an american men -- i have two right here -- is seven months. the surveys done for the jeweler's insurance group questioned 2,000 engaged and married men. 30% said they hid the engagement ring in a shoebox. more than a quarter gave the ring to their parents for safekeeping. they said they also were able to pop the question, too, when they got hints from their partner like watching tv movies that involve weddings, discussing other people's engagements or marriages, or she just happened to leave a wedding magazine just laying around. oh, there's a wedding magazine. or partner forwarding emails from jewelers and websites. listen, i love a good love story. i'm fascinated by the process of it. does seven months sound reasonable to you? >> i knew in about seven minutes. >> did you? >> i knew really early. i pretended as though i didn't

know. and i act the aloof as one has to do to play the games. i knew really early. yeah. >> all right, katy tur. how about you? >> seven months from the time you meet until you pop the question? is what that -- >> that you know. >> the question came a lot later than that. >> one guy told plea it took him 40 -- told me it took him 40 years. what did it take for you? >> i'm going to say i knew pretty quickly, too. we met at a dinner, and i was like -- i was totally smitten. right away. >> but then the question popping really is the question. that -- they're long duration -- >> the question took a lot longer. >> finding a ring, too. >> something to think about, women out there, if you're dating someone wondering, hey, i'm ready. seven months. all right. anthony? here's mine, a photo of a little girl visiting harvard turned out to be a glimpse into the future. crystal wang was only 3 years old when she posed with harvard university police officer charles marin during a campus visit with her dad. wang has returned to harvard.

she got in as a member of harvard's class of 2023, in a dual degree program with berkeley college of music. the two met again last week during a move-in to pose for a new photo. obviously crystal looks a lot different. the amazing thing is, officer marin looks just about the same. >> the same motorcycle there. >> they found each other -- crystal didn't even know the original picture had been taken until she got into harvard and her dad showed it to her. they found the officer. as you see, the officer still working for the harvard university police department. he's a former marine. he still looks it. >> can you go back to officer marin's picture -- control room? i'm thinking officer marin is still working out. look at those arms. >> no wrinkles. maybe the case of botox -- >> he told crystal, anything he can to help -- >> bonds bonded -- bonded for life. in "morning rounds," more than 16 million minimally cosmetic procedures took place

last year in this country. that includes nearly 7.5 million botox and other neurotoxin injections to reduce wrinkles. nobody likes wrinkles. more than 2.5 million filler injections to shape the face. these enhancements traditionally require a visit to a doctor's office. dr. tara narula shows how new salons are offering injections in a measure casual setting, but there are risks we think you should know about. what are the drawbacks of the salons? >> these spas called the dry bars of botox focus on anti-aging injectables. they're designed to be more convenient and less clinical than a doctor's office. while it's legal for nonphysicians like nurses to administer these products, professionals say these procedures carry risk that's are more serious -- risks that are more serious than a bad hair blowout. kaitlyn doyle is ready for her closeup. >> right center, center on the left -- >> reporter: at her regular botox injection at alchemy 43 -- >> this is your before, there is your after. >> reporter: the nationwide chain offers only

microtreatments, not surgical procedures like botox and fillers in a casual setting similar to a hair or nail salon. >> i'm going to be doing a little bit of botox around the crow's feet. >> i don't think that we should feel like we're in a clinical, cold environment. it's self-care, and it should almost be something enjoyable and fun. >> reporter: while social media inspires many to seek out cosmetic procedures, it's also filled with customer reviews of various companies showing the damage that can be done. >> fortunately the vast majority of the time in any setting, these are safe, and they're done properly. but the public needs to realize that this is medical care, and things can happen with medical care. >> the president of the american society of plastic surgeons -- >> within intersections, you can lose skin. you can get gangrene. you can get blindness that require in a moment treat. >> reporter: by law, injectables must be ordered by doctors. many states require facilities

to have medical directors. but those doctors aren't necessarily plastic surgeons or dermatologists, and they aren't always on site. >> i just wanted a little -- little lift, little tweaking. >> reporter: it's a risk that sheri, who asked us not to use her last name, didn't know about when she got botox and filler last year. sheri has never been to alchemy 43 or any other storefront botox bar. she got her botox and filler at a private nurse's office. within minutes she knew something was wrong. >> i'm looking in the mirror, and i think i'm turning purple. >> reporter: the filler had been injected into a blood vessel. sheri says the clinic's medical director was 40 minutes away and giving instructions to the nurse practitioner on the phone. >> she's taking pictures and texting them to him. >> reporter: hours later, the doctor arrived with the medicine that could unblock blood flow to the area around her nose. >> the only thing i remember him saying is, you're lucky you didn't lose your nose. which was quite alarming.

>> reporter: even after oxygen therapy, sheri was left with damaged blood vessels, skin discoloration, and severe headaches. >> every morning i look at myself and see it. it's also a constant reminders of what i went through. >> it's not getting any blood supply or having trouble pro-fusing. >> reporter: the doctor treated sheri after her filler complication. >> injecting in the face could be dangerous because if you get into any of the blood vessels, it can end in the eye it can end in the forehead, it can end in the nose. >> reporter: while even the most experienced doctor can hit a blood vessel, dr. kasir says it's critical to have filler-dissolving medicine at arm's reach. >> we preload it into these syringes. i don't even have to stop and draw it out. >> reporter: you are getting a needle in your face. there is some risk attached to that. and we certainly don't take that light low -- >> reporter: alchemy 43's founder says her staff is prepared for emergencies. >> we've been diligent about training on that. we keep all the materials here that are needed in case we did need to address something

immediately. >> reporter: >> do you have any questions, give us a call in between. >> reporter: you had your procedure done, how do you feel? >> i feel fantastic. i cannot wait for the next week to see the full results. but it was quick. it was painless. goes to show beauty isn't always pain. >> reporter: procedures at these retail outlets typically cost several hundred dollars apiece. they can be slightly less expensive than a doctor's office. some even offer discounts for frequent visits. >> well, we see the pros and the cons. sheri's story, i have to say, freaked me out a little bit. what questions should people ask before they go to a facility like that? >> yeah. there's several things to look at. first of all, who's doing your injectables. what's their training? did they get trained in a weekend course? how many did they do? >> how do you know that? we should ask what's the training? >> you have to ask. there's no real certifying bodies that does this for nurses or nurse practitioners or s. vt terms of oversight which is the second question. who is looking over what you're doing? is there a medical director?

how far away are they? are they an anesthesiologist or an ob-gyn or sometimes it's just an m.d. do they have the filler dissolving medicine at arm's reach? who's going to answer the phone after hours? if you have a problem that night or the next day after, what's going to happen if you can't reach somebody? these are importance to ask. >> as -- important to ask. >> as the man said, things can happen with medical care. >> that's why it's good to ask the doctor, can i have your cell number? see how that goes over. >> thank you. a study says the youngest kids in class have the greatest chance of being diagnosed with emotional and behavioral issues. psychologist lisa demother nature is in our toyota green o

in "school matters," new research shows a child's age compared to their classmates could impact their mental and behavior held. a study in jama pediatrics looked at data from more than a million kids age 14 to 15. researchers in britain found the youngest children in the class have a roughly 30% higher chance of developing depression compared to their oldest peers in the same class. apart from depression, they also have an increased chance of being diagnosed with adhd and learning disabilities. psychologist and cbs news contributor lisa damour is here. good morning. >> good morning. >> as you said, everyone has an

opinion about there because we all fall somewhere on the calendar. >> yes. >> why might younger students be more likely to have symptoms of depression and adhd? >> so what we have to remember is development unfolds on its own time. you can't force development forward. so that means that if a child is relatively immature in the class, maybe because of age, they will not necessarily have the skills for attention that the older kids will have. they may be more likely to show up with questions about whether or not theyadhd. >> the thielke thing is this -- tricky thing is this may develop in the sixth, century seventh, grade but the decision is made in kindergarten. >> it tricky. if we push kids ahead or they're very young in class, they can feel a step behind intellectually and also socially. you know, social cueing among kids have pretty subtle. so for kids who are young, there can be an awareness that they're missing out or don't really understand the social landscape. but they don't know what they're missing or don't know how to fit

in. and it can be really hard on their self-esteem. we think that can open the door to questions about sadness, depression. >> parents have to -- if they have to make the decision should i hold you back or not, what factors go into making a decision like that? >> there's a lot -- >> the option -- >> there's a lot we can to get this right. first of all, we have to remember development is multifaceted. there is absolutely development, social development, there's emotional development, there's physical development. you don't want one of those driving the decision. so someone might say, my 4-year-old reads, put him ahead. if the 4-year-old can't share, we should reconsider. similarly, you can have a kid who's terrifically skilled socially but lacking academically. look at the whole picture. the other thing i will say is, ask the teachers. if you're child's a preschooler, you have preschool teachers who have watched your child all year. you know your preschooler, they are comparing your children to hundreds of preschoolers. we also cannot be neutral about our own children. >> right. >> it's not a possibility. >> you can't --

>> we cannot -- >> mine on objectively cute. >> exactly. teachers have seen your child in the classroom setting. so if you're unsure, i would say to a teacher, you know my kid, if she were your kid, what would you do in these situations? and take that very seriously. teachers are experts in child development. >> i think there's a natural reluctance as a parent to acknowledge your child may need to be held back. but the consequences down the road if you don't do it when you -- when you find out you have to make them skype -- hold back a grade can be serious. >> it can. when parents and i are thinking about this, i always say err on the side of caution. give your child another year of childhood. if you're wrong, we can offer enrichment later. if they're bored in school, we can offer enrichment later. if you push a child ahead and it's the bad call, you're looking at the possibility of your child playing catchup for the rest of education or, worse, having to repeat a grade. >> right. which is humiliating for a kid. >> it is. >> then you're labeled the rest of the time at the school. >> can be devastating for kids. i want to avoid that at all

costs. >> is there a -- a connection between physical development and emotional and behavioral development in kids? and is there a difference between girls and boys? >> there is interesting. so obviously older kids are more likely to be ahead physically in their development which means better coordination. and especially for boys, it can down the line have to do with size and strength. for boys who are big and strong in hay class, there's often a lot of social currency caught up with that. especially if they're good athletes. >> yep. >> so sometimes nobody really notices the distinction and then puberty hits. and all of a sudden the kids on the front edge of that have a lot more social currency, boys in particular, and so it can be a very weighty decision at age 5 when we think about the implications down the line. >> yeah. physical and emotional development definitely are in tandem. like with -- with 12-year-olds, it can be like an airport is taking off but they've never had traffic control. >> very good analogy.

thank you, lisa. good to see you. >> you're welcome. how a 9-year-old boy ended up winning a 10k race by mistake. a good explanation. we'll be right back.

a 9-year-old boy accidentally won a 10k race after making a wrong turn. he meant to run a 5k month, but he says he somehow ended up on the 10k route by mistake. >> at the end, when i turned around there was a 10k sign. i said this is not a 5k. once i turned around, i was, like, my mom's going to yell at me. >> his mom said she was frantic when she could not find him at the 5k finish line, then she heard there was a young boy on the 10k route and he was doing really well. he ended up in first place.

the average age of other top ten

ichlts this is a kpix 5 news morning update. >> good morning it presidential candidate bernie sanders just announced he had heart surgery for an artery blockage. all up coming events and appearances will be cancelled until further notice. and the investigation involving the gilroy high school football team. four students have now been cited for sexual battery. in san jose police are looking for the gunman in a deadly shooting. no word yet on any suspects or a motive. news updates throughout the day on your favorite platforms including our website kpix.com.

welcome back. well if you are making that trek out of san francisco and you're headed towards the east bay this morning via the bay bridge it's going to be tough. due to an accident involving a couple of vehicles. it's eastbound right around treasure island. it is blocking at least two possibly three lanes at this point. chp is headed out to the scene. injuries reported in this crash as well. just a heads up this is an area that there was a construction closure in effect. they're going to have to have caltrans come out. east bay bridge expect delays. we've got a traffic alert in

effect there. i do know at least three lanes are blocked. i was trying to pull up a life shot but coming out of san francisco it is really slow and go as you make your way through there. into the city it's business as usual. okay. well looking at clear and chilly conditions once again as we kick off our wednesday. as we head through the afternoon enjoy it the plenty of sunshine. mild temps in the mid 70s in concord. upper 70s livermore. mid 70s san jose. low 70s oakland and upper 60s for san francisco. we are cheering on our a's for that first wild card today. go a's. temps a little bit cooler for tomorrow. a few more clouds and we'll see the winds pick up with a dry, weak cold front pushing through. the rest of the workweek and especially into the weekend. have a great day.

wayne: ta-da! tiffany: whoo! jonathan: more deals?! wayne: tiffany, what's behind curtain number one? jonathan: it's a new mercedes benz! wayne: beep beep. - give it to me, tiffany! jonathan: it's a trip to fiji! - i am amazing! wayne: who wants some cash? - i need that! wayne: you've got the big deal! jonathan: it's time for "let's make a deal." now here's tv's big dealer, wayne brady! wayne: hey, america, welcome to "let's make a deal," wayne brady here. thank you so much for tuning in. here is a question: who wants to make a deal? i need a couple. you guys are a couple? come with me. graduate and bathrobe dude, let's go, let's go. everodelsea seat for me, please. everybody else have a seat. mr. ernest, nice to meet you. miss yolanda, pleasure to meet you. welcome to the show, welcome to the show. now how long have you guys been a couple?