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

begins today. the fate of dzhokhar tsarnaev begins today in boston less than two miles from where he and his brother planted a bomb. and it comes after another day of running the race of boston marathon when the american cynthia mcfadden crossed the finish line. bill richards and his wife denese have come out publicly against executing tsarnaev but that decision will be made by the juror. >> reporter: prosecutors are expected to remind jurors of dzhokhar tsarnaev's intent when he and his brother laid the bomb near the finish line. three days later the brothers took part in the murder of m.i.t. police officer. and dzhokhar was convicted of all 30 counts against him. meanwhile, tsarnaev's defense

team will work to spare his life. expert attorney judy clark is expected to put friends and family on the stand in order to portray him as a normal teenager. >> how was a normal teenager how did he become the person who allowed himself to do this terrible act. what we'll hear from judy clark and her colleagues is probably of a psychological nature. why his world could have been overwhelmed. why he could have been intimidated. >> reporter: the jury much reach a unanimous decision on whether to execute tsarnaev. le a cbs poll shows 60% of americans favor executing tsarnaev. ed davis. >> i'm not a big advocate of the death penalty. i've never been extremely supportive of it. i think it has its place and i think this is the place.

>> reporter: but the victim patrick downs who lost a leg said he wants tsarnaev to spend the rest of his life in prison. >> i want this to be over. i want this over for the city and the family. >> the penalty phase is expected to last about four weeks. blue bell creamery says it doesn't know how its products were contaminated with a potentially deadly bacteria. >> reporter: the blue bell recall is rare and sweeping the company voluntarily called all of its products after two samples of cookie dough ice cream tested positive for listeria. symptoms include fever, nausea and diarrhea. >> we're heartbroken over the situation. >> reporter: the ceo issued an apology in a video monday night while admitting the company did

not know how the bacteria got into its facility it says it's determined to fix the problem. >> ice cream is jie and pleasure to eat and should never be a concern. >> reporter: some products were recalled weeks ago after centers for disease control linked the product to two deadly cases inning kansas. it was traced to texas and later to a second line in oklahoma. the 108-ever-year-old company says it's now expanding its cleaning and sanitizing tim and will increase training. don champion cbs news. a highly infeck tuesday and deadly bird flu is spreading in iowa. it's nearly 10% of iowa's egg-laying hens. the virus confirmed at a turkey farm in iowa last week. this morning, a batch of

potentially severe storms is rolling across the eastern united states. strong thunderstorms including hail and damaging winds are possible from the mid-atlantic to the carolinas. recovery operations are under way in metro atlanta after a powerful storm cell moved through yesterday afternoon. tornado warnings were issued for several counties. trees and power lines were knocked over and there were mashable-size hail but no one was injured. baltimore was quiet overnight but tension, high for investigators trying to determine how a blass pittsburgh in police custody suffered a fatal spine injury. the police commissioner ordered a full review. craig boswell reports. the. >> we will fight for freddie gray! >> reporter: demonstrators went face-to-face with police in baltimore's district. the video was obtained by cbs

baltimore station. gray was carried by police his feet dragging on the ground. a half hour later, he was in a coma. an autopsy revealed the cause of death was a spinal injury. >> we know the final outcome of mr. gray unfortunately, he passed away. what we don't have at this point is how mr. gray sustained those injuries. >> reporter: a handwritten report by a police officer said mr. gray was arrested without force. >> when you get them out of an investigation when you haven't found anything. >> reporter: he said he doesn't believe the police promise of transparency. >> you've got to initiate the use of police cameras yesterday because it will make everybody be on their best behavior. >> reporter: craig boswell, cbs

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

his gun rather than a taser. harris' attorney said -- >> you can't come up with anything except that mr. bates has a personal relationship with these guys. >> reporter: bates had been a re-election campaign manager for glanz in 2012. the men have known each other for 25 years. sheriffs deputies have been reassigned. and six men may face charges for allegedly trying to join a terror group. all of the suspects in their teens and 20s made a court appearance monday. prosecutors say they were a group of friends in somali-american communities. this morning the u.s.s. theory yotheodore roosevelt is

moving towards iran. to rebels fighting yemen's government. in yemen's capital sanaa at a wednesday cache triggering massive explosions. the blast killed as many as 19 people and buried others under the flattened building. this morning, a captain and members of a ship are facing charges. the search continues for victims. they found the syrian crew member on a rescue boat among survivors. the captain is charged with multi time homicide. fiery rescue. police in texas rescue a driver from his burning car. later bean ball. a major league fan gets knocked down by a foul tip. this is the "cbs morning news." body of proof that i can fight psoriatic arthritis from the inside out... with humira. humira works by targeting and helping

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

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

students. "the los angeles times" reports the program ended up costing $1.3 billion. the school district also got piercing. students use the ipads for nonschool-related activities and the school district says there are technical issues. if you're flying this summer the good news the average airfare is a little lower. the average ticket now stands at $450. that's just down $2 from last year. lower oil prices and more seats are driving the price drop. not everyone saves. flights to new york denver and san francisco cost more. and willie nelson is rolling out his own brand of marijuana. ♪ >> willie's reserve will be grown in colorado and washington. two states where recreational pot is legal. nelson has some well-established

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

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>> i frightening moment in pittsburgh during a pirates game against the cubs. >> that's a good swing. oh, my hit that -- >> yeah a fan right behind home plate. >> a fan standing behind home plate was struck in the back of the head with a foul ball during the second inning. the ball hit the protective mat but was hit the with such force and the woman was so close she got hit. she was conscious and alert as she was taken to the hospital. in the nba playoffs. new orleans prevailed. new orleans came out in the first half thanks to strong play by anthony davis playing it up with 26 points. klay thompson led the warriors with 28 points. golden state hung on for an

97-87 win. chicago also has a two-game to none lead in the series in milwaukee. jimmy walkered scored a career 31 points for the bulls. derrick rose scored all of his in the second half. game three is thursday night in milwaukee. and in hockey the new york rangers regained control of their playoff series with the penguins. hendrick lung kwift as the blues dominated for two periods and held ton a 2-1 win. game four tomorrow in pittsburgh. when we return summer sendoff. jon stewart reveals which episode will be his last as host of the "the daily show." ice for frequent heartburn- and get nexium level protection. ♪ 73% of americans try... ...to cook healthy meals. yet up to 90% fall short in getting key nutrients

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

ac/dc drummer phil rudd faces a possible seven years in prison this morning. in new zealand today, rudd pleaded guilty to threatening to kill a man who used to work for him. he also pleaded guilty to possession of methamphetamine and marijuana. a small south carolina newspaper is among those celebrating a major journalism honor this morning. the post and courier of charleston is among this year's winner of the pulitzer prize for series on domestic abuse. the seattle times is recognized for its coverage of a deadly landslide. the bloomberg news and the st. louis post zach on michael brown. nasa says more than 500,000

pieces of debris orbit the earth and could put the space station in danger. it travels at 17,000 miles an hour making over small pieces dangerous. and take a look at this italian astronaut christina reddy tweets a picture of herself. it's the first ever machine designed for astronauts. this morning we know when the jon stewart era ends on "the daily show." >> my last "daily show" program will be august 6th. i'll be wearing a suit. i'll be more than likely showered -- [ laughter ] i'm sorry, i'll be wearing overalls and i won't shower. >> stewart made the announcement last night. fans have just three months to get their fill of stewart. he's handing the reigns over to south african ka trevor noah.

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

a survivor of the boston marathon bombing two years ago returned to the iconic race monday. this time as a runner. don dahler reportings on her inspiring running. long distance has been not for rebecca gregory. she took her followers along with me. >> i have a daily reminder that life is short. >> reporter: gregory and her then 5-year-old noah were first injured when the first bomb went off. she decided last november to have her damaged leg amp tuted but not good a tongue in cheat

comment on facebook. go get one last pedicure on me and enjoy it because tomorrow i'll be cutting you out of my life for good. >> i made the decision to amputate my leg on the fact that i was on pain mets every four years. i was in a wheelchair the majority of the time. >> reporter: the 27-year-old mother has been training to run on her prosthetic leg in texas. >> it's the best decision i ever made. i'm doing more and more things. i took my son to the movies the other day. i walk through an airport. i don't have to use a wheelchair. if i'm in jeans nobody can tell i have a prosthetic leg. >> reporter: gregory was determined to run the whole marathon. last week, her doctors told her she wasn't ready. >> my doctors said i would do damage to myself and i'd end up back in surgery.

so i have a compromise which i'm not very good at doing sometimes. >> reporter: that compromise was to run only the last three miles. but the nature of a marathon is not just the distance run. it's the defeat of an enormous personal challenge. >> this is the hardest thing i think i've ever had to do. cross the finish line. i took my life back today. >> reporter: for rebecca gregory, it's a finish line that's given her a new beginning. don dahler cbs news boston. another runner at the boston marathon had a memorable finish dannyco got down on his knee she said yes andco is a chief of staff at boston. coming up after the local news on "cbs this morning." more on google what turns up in your mobile searches.

nicholas thompson has details. and a doctor looks at it and lindsey vonn is in the studio. that's all for "cbs morning news." thanks for watching. i'm alison harmelin. have a great day.

. >> this is cbs-3 "eyewitness news". heavy rain came down over night. i know it woke ukee up, woke me up, some dogs, as women looking at flooding along delaware eve this morning. the good news, that rain is leaving. at least we have. that will katie has check on the rest of the week's forecast? just one moment. >> also, the and accused of abandoning her son in the woods in cobbs creek park is expected to appear in court today. more on her maryland court appearance and when she could be brought back to philadelphia to face charges. >> good morning everyone, i'm ukee washington. >> i'm erika von tiehl. the rain is headed out. let's check in with katie and let's see how soon. >> it will be a quick turn around for us out there my friends, we start things off with a look down the shore definitely low-lying haze that