allegedly administering the singer's fatal dose. and blind spot. traffic cameras capture a dramatic pile-up in argentina. hello and good morning. i'm lynn berry. those stories and more are straight ahead. this is "first look" on msnbc. today we begin with in or out? despite repeated denials from new jersey governor chris christie that he's not interested in running for president, republicans have been putting pressure on him to join the race. based on a speech he gave last night, it appears christie is sticking to his word. nbc's tracie potts joins us from washington with more on this. good morning. >> reporter: lynn, good morning. perhaps we keep hearing these questions because christie is acting like a candidate. he's crisscrossing the country,

raising money for republicans, criticizing the president. again last night at the reagan library he repeated that he will not be running for president. it certainly hasn't stopped those questions, though. some analysts question whether chris christie has the restraint, he's pretty outspoken, to run a successful campaign. republicans, it appears, are looking for more. there are concerns about flaws in the frontrunners rick perry and mitt romney. in fact, perry kicked off his washington campaign last night, but there are some concerns that he may not be able to stay this race. meantime, president obama realizes he's in for a tough one on the other side. in fact, david axelrod, his top adviser, has admitted re-election could be a titanic struggle. >> tracie potts for us in washington. thank you. elsewhere, israel has announced it has given the go ahead for building 1100 new jewish housing units in east jerusalem, a move drawing international criticism.

the decision is being condemned by palestinians who demand an end to such construction in order to resume peace talks. also expressing disappointment, the united nations, the european union and the u.s. >> we have long urged both sides to avoid any kind of action which could undermine trust, including, and perhaps most particularly in jerusalem. >> the development comes amid already heightened tensions in the region after last week's request from the palestinians for u.n. recognition of an independent palestinian state. it was a media circus outside a los angeles courthouse yesterday as the involuntary manslaughter trial of michael jackson's doctor got under way. inside, jurors heard a disturbing audio recording of the pop star before his death. nbc's stephanie stanton reports. >> reporter: day one began with the prosecution's charges.

>> it was dr. murray's repeated incompetent and unskilled acts that led to mr. jackson's death on june 25, 2009. >> reporter: prosecutors claim dr. murray violated the standard of care by giving the pop star the surgical anesthetic propofol to help him sleep. then outlined murray actions in the days and weeks leading up to his death, even playing a disturbing audiotape of an incoherent sounding jackson in a conversation with conrad murray six weeks before his death. >> when people leave my show, i want them to say, i've never seen nothing like this in my life. >> reporter: dr. murray wiped away tears as his attorney disputed the prosecution's claims and instead described murray as a caring physician who was trying to wean jackson from propofol, suggesting jackson himself administered the fatal dose.

>> against his orders, he did an act that caused his own death. >> reporter: then the first witness took the stand, kenny ortega, jackson's concert director who said he voiced concerns over jackson's health to dr. murray. >> he said, i should stop trying to be an amateur doctor and psychologist and be the director and allow michael's health to him. >> reporter: six days later, jackson was dead. and now more than two years later, the trial against his personal doctor is under way. stephanie stanton, nbc news, los angeles. the education nation summit in new york city wrapped up yesterday following two days of discussion on improving the nation's school system. it focused on long term solutions such as making changes in education funding and standardized programs. as well as proven strategies educators can put to work in the classroom right away. michelle franzen has more.

>> reporter: on the final day of the summit, panelists tackled the tough subjects of school reform, no child left behind, and the urgent need to make sure u.s. students can compete in a global economy. president bill clinton rounded out the summit and says despite all the hurdles in the education system, there needs to be a call to action. >> all these kids, this is the only life they have. this is the day they have, this is the year they have, this is the future they have. and you have to do the best you can. >> reporter: that sense of urgency was echoed by former first lady laura bush who says schools, teachers and rpt pas need to be active in creating change so every student has the same opportunity to succeed. >> 50% of african-american ands hispanic kids do not graduate in four years. they don't graduate on time. and that's just unacceptable. >> reporter: u.s. education secretary arne duncan estimates

0 80% of schools will not meet standards next year. >> actually get the federal government out of the way of innovation. >> reporter: teachers say they feel empowered to return to the classroom with new tools and a renewed sense of purpose. >> it's not the tools that i have or technology, it's my ability to connect with them. >> that's days when you go up and down. this has been an inspirational few days. >> reporter: inspired and driven to help students make the grade. michelle franzen, nbc news, new york. now here's your first look at some of the other news going on. a michigan man is relying on surveillance video in his suit against two police officers who escorted him out of a casino. the video shows one cop punched the man in the face, knocking him to the ground where he continues punching him. assault charges initially filed by the officers were later

dropped after the prosecutor viewed the tape. in texas firefighters believe a bolt of lightning may be to blame for a brush fire on the site where the 2004 movie "the alamo" was shot. it's scorched some 200 acres. an underground gas leak set a road on fire in northern california last night. firefighters were called to the scene after a four-inch gas line set a major intersection ablaze, forcing traffic to be redirected and several nearby businesses to evacuate. fortunately, no injuries have been reported. and finally, a controversial costume has stirred up hard feelings in florida. the ice cream cone costume was meant to draw customers to a newly opened store, but from a distance, some locals thought the cone looked like a klu klux klan hood. the young shop owner had never heard of the kkk.

they have since retired the costume and they hope the community will be understanding. just enjoy some ice cream. now for a look at your national weather, let's turn to todd santos. good morning, todd. >> it's just a pbad looking mascot. >> go with a strawberry. >> or a swirl. >> exactly. it just made things a little complicated. they're like we neff even heard of these guys. we're just trying to sell ice cream. >> well, speaking of the swirl thing, let's take a quick look at the atlantic. oel for a i can't has madeophels a tropical depression. i mention it primarily for our friends in the windward islands. it's slowly moving off towards the northwest. bermuda may be one of the areas

that could see impacts there and potentiallies canadian maritimes, but that's another system expected to recur before getting to the east coast of the u.s. the big reason, this. again, we still have that upper level low and a trough that will be set to help move that out of the area especially as we approach this weekend, but that will also block anything from actually moving in from the atlantic sight. we still have a moist atmosphere across much of the east coast. that will help us get showers going. yesterday northeast pennsylvania, scranton, some of those areas dealt with flash flooding. so not out of the question to see some of those same areas today. chicago may still be dealing with spotty showers. coverage this morning not that bad, though. so keep it in mind travel wise.

taking a closer look out towards new york city, a few showers over i-80, i # 0, as well. so travel may be dealing with wind shield wipers on and headlights and then switching to sun glasses and then back to windshield wipers. of course you can see the front outlined. 54 in chicago, heading it to 64. we'll take a closer look at the finish of the week coming up. stocks roll higher, commodities follow. and which of the sexes is more likely to update their status or send you a tweet? your first look at this morning's business headlines is straight ahead. coming up. three home runs, a home plate and wild card races are fit to be tied. you're watching "first look" on msnbc. [ fema

le announcer ] introducing crest complete whitening plus deep clean. you feel it working, so you know it's working. and that means you're good to go, for whatever the day brings. new crest complete. unlike ordinary toothpaste, you feel a deeper clean. it's a signal that tells you your whole mouth is clean. you're also protected. because most of life happens outside the bathroom. feel it working, know you're covered. with new crest complete, life opens up when you do. hey, jessica, jerry neumann with a policy question. jerry, how are you doing? fine, i just got a little fender bender. oh, jerry, i'm so sorry. i would love to help but remember, you dropped us last month. yeah, you know it's funny. it only took 15 minutes

to sign up for that new auto insurance company but it's taken a lot longer to hear back. is your car up a pole again? [ crying ] i miss you, jessica! jerry, are you crying? no, i just, i bit my tongue. [ male announcer ] get to a better state. state farm. delivering mail, medicine and packages. yet they're closing thousands of offices, slashing service, and want to lay off over 100,000 workers. the postal service is recording financial losses, but not for reasons you might think. the problem ? a burden no other agency or company bears. a 2006 law that drains 5 billion a year from post-office revenue while the postal service is forced to overpay billions more into federal accounts. congress created this problem, and congress can fix it.

welcome back to "first look." here are some of the top stories. federal health officials say listeria food poisoning tied to colorado cantaloupes has now

killed at least 13 people in eight states. many of them elderly. at least 72 people have fallen ill since july. it is the deadliest u.s. food outbreak in more than a decade. a new report by a foundation which advocates health care reform says major health insurance companies have been charging sharply higher premiums this year, outpacing workers' wage increases. family coverage now averages more than $15,000 a year, that's a 9% jump from 2010 and triple the rate of the previous year's increase. according to iran's news agency, top naval commander says he plans to send military ships into the atlantic near u.s. borders in response to the u.s. naval presence in the persian gulf. no details were given on when such a deployment would happen. this is unbelievable. a fast lane fender-bender in argentina took a turn for the worse when another car plowed into the wreck.

the jolt, as you can see there, sent the two men flying. unbelievably, the both of them escaped with just minor injuries. now a first look at how wall street will kick off the dau. the dow opens at 11,190 after rising 146 points yesterday. the s&p added 12 points. the nasdaq gained 30. taking a look at overseas trading this morning, tokyo the nikkei was up 5 points but in hong kong the hang seng fell 119. stocks rose for a third straight day tuesday on continued optimism europe is finally dealing with its debt problem. rising hope has pushed the s&p 500 up more than 4% since last thursday's close. the biggest three-day gain since mid-august. over the last two days the dow has made up more than half of last week's 737-point plunge. this week wall street's volatility index has dropped more than 10%. euro optimism also sent commodities higher.

gold rose tuesday for the first time in a week. copper jumped almost 5%. not surprisingly, freeport copper and gold was up 4%. specialty metals company allegheny technologies led the s&p up over 7%. oil spiked more than $4 tuesday in new york. but fell overnight in asia to just over $83 a barrel. research in motion led the nasdaq surging on speculation investor carl icon has taken a stake in the blackberry maker. walgreen fell 6% after ending its relationship with express scripts. home prices rose for a fourth straight month in july. consumer confidence improved slightly in september after plummeting in august. after the bell, tech services company accenture was up on quarterly earnings. higher after the bell, payroll processor paychex posting stronger than expected earnings.

finally when it comes to social networking, women lead the way. a new survey shows they're more likely to keep in touch with friends and family via social networking. with men preferring phone and voice mail. i have yet to meet a guy that likes to chat on the phone, so i'm a little suspicious of this one. coming up, a rookie comes to the red box rescue. the braves feel the heat. and prince hits like a king. plus, fighting for a wild card playoff spot. tampa's rays pull off a triple play against the yankees. your first look at sports is straight ahead. you're watching "first look" on msnbc. all these give safe drivers a discount.

but only allstate gives safe drivers more. a bonus check every six months they drive accident-free. so what's it going to be? eenie, meanie, miney... or more. shop less. get more. make one call to an allstate agent. shop less. get more. ♪ ♪ ♪ when your chain of supply ♪ goes from here to shanghai, that's logistics. ♪

♪ chips from here, boards from there ♪ ♪ track it all through the air, that's logistics. ♪ ♪ clearing customs like that ♪ hurry up no time flat that's logistics. ♪ ♪ all new technology ups brings to me, ♪ ♪ that's logistics. ♪ oh, there's a prize, all right. [ male announcer ] inside every box of cheerios are those great-tasting little o's made from carefully selected oats that can help lower cholesterol. is it a superhero? kinda. ♪ today i own 165 wendy's restaurants. and i get my financing from ge capital. but i also get stuff that goes way beyond banking. we not only lend people money, we help them save it. [ junior ] ge engineers found ways to cut my energy use. [ cheryl ] more efficient lighting helps junior stay open later... [ junior ] and serve more customers. so you're not just getting financial capital... [ cheryl ] you're also getting human capital. not just money. knowledge.

[ junior ] ge capital. they're not just bankers... we're builders. [ junior ] ...and they've helped build my business. welcome back to "first look." in sports heading into baseball season's last day, the wild card races in both leagues are as close as they possibly could be. here's nbc's fred roggin. good morning. after 161 games, both the a.l. and n.l. wild card races will come down to the final day of the season. we'll start in baltimore, the red sox needed a change and they turn to rookie ryan lavarnway. three-run blast. sox up 5-3 after four. to the eighth, and guess who? lavarnway again, a solo shot. third string catcher did it all and the red sox held on to beat the orioles. boston did well and so did tampa. sacks full and martin grounded into a 5-4-3 triple play.

that was big because in the seventh matt joyce put tampa on top with a home run. rays won 5-3 and remain tied with boston. n.l. wild card race, braves had a one game lead but couldn't help their cause. jumped over derek lowe and utley with a solo home run. braves lost it 7-1. cards pulled even with a huge comeback over the astros. ryan theriot gave st. louis a lead in the seventh. cards rally to win it 13-6. no playoff race here but brewers prince fielder hit three home runs against the pirates. milwaukee won it 6-4. finally, funny moment in the twins/royals game. first base coach jerry white took a ball off the leg and went down like a ton of bricks. it's never nice to laugh at someone else's expense and ben got what was coming to him. hit past the center fielder in the fifth, ball rolled all the way to the wall. thinking in the park home run.

unfortunately, he was only thinking that. he ran through the stop sign at third and was out by a mile, landing right on his face. there's that laugh again. but this time the joke was on him. that's your first look at sports. i'm fred roggin. >> and now another quick look at the weather. >> want to mention a few areas dealing with still a chance for showers very similar to yesterday. closer towards the gulf coast, portions of alabama, some of these storms west of montgomery will likely see some of the areas filling in this afternoon. a number of areas with chances for showers and thunderstorms. same story across the east coast. a number of areas through eastern pennsylvania back through southern new jersey, flash flood watches in effect. fog will start to burn off earlier this morning. 81 and sunshine in kansas city, beautiful in denver, 86. chicago, i know you've been

hurting under the clouds. there's a look at the extended forecast. late last week, it still looked like we'd be clearing up, but keeping some of the chances in the forecast just in time for the weekend, the upper level low will be gone. so looking in to thursday, a number of other area cooling off. billings 71. dallas 98. so still a few area hanging on to summer-like temperatures. hawaii, sunshine, hilo, a fews passi passing showers. is a big name celebrity couple headed for a break up? your first look at entertainment is straight ahead.

welcome back to first look. it's time for entertainment news. singer rihanna has learned the hard way when it comes to farmers in northern ireland, not everything goes. apparently she was shooting a video for her latest single in a wheat field when she went through various wardrobe changes but when farmer alan saw her going topless, he got down off his tractor and put a stop to it. he withdrew permission for filming on his land but he said he and rihanna parted on good terms, shaking hands. elsewhere, web and tabloid speculation is rampant there's trouble between ashton kutcher and demi moore. some reports say they've been secretly separated for months while others say a permanent split is imminent.

finally, proving the old adage all good things must eventually come to an end. andy rooney, a fixture on cbs's "60 minutes" for more than 30 years will end his run as a regular commentator this sunday, the 92-year-old started his cbs career as a writer back in 1949. those will be two minutes that will be very difficult to film. but he will be returning for guest appearances here and there. >> of course. thankfully they don't do a birthday segment. he always had that messy office that said he read a lot of stuff. >> he know what is he's talking about when it comes to things that annoy you. i'm lynn berry and this is "first look" on msnbc. but stay tuned. "way too early" starts right now. with the political world hanging on his every world, new jersey governor chris christie delivered a speech last night on

american exceptionalism at the ronald reagan presidential library taking shots at president obama in the process. the question is, can it christie offer any hints in this game of will he/won't he? we'll talk live to someone who was there for the speech. meanwhiles as the u.n. takes up the palestinian bid if statehood, israel announces plans for new settlement in the west bank, a move hillary clinton called counterproductive. the question is does this end all hope that came out of last week's u.n. session for renewed negotiations? and it all comes down to the 162nd game of the season tonight in both the american and national leagues. the red sox get a huge win when they need it and the braves continue their collapse. the question is will the sox slip into the playoffs and put their historically bad september behind them? it's way too early for this.