good morning. it's thursday, august 16, 2012. welcome to studio 57 at the cbs broadcast center. president obama and mitt romney trade shots over jobs, joe biden and the politics of anger versus hope. gas prices go through the roof. rebecca jarvis shows us a surprising reason why, plus john and johnson announces plans to remove some chemicals from its product. we begin with today's eye-opener. your world in 90 seconds. i know i am sometimes criticizing for saying exactly what i mean. [ laughter ] >> it's not going to change. >> the presidential campaign gets bogged down in controversy. >> the country is not as obsessed with gas or some stray

remark as washington is. >> republicans are still fuming about joe biden's comments about romney policies, putting people supposedly back in chains. >> bozo the vp is out there engaging in the most shamess kind of race clownery. >> the killer west nile virus zeroing in on texas. the dallas area has been plagued with more than 200 cases and at least ten fatalities. >> they're gearing up to begin aerial spraying. >> we have people dying, okay? we have to have a sense of urgency to get this down now. >> winning ticket in michigan matched all of the numbers. $337 million. >> dozens of wildfires continue to burn across the west. fueled by searing heat, dry weather and strong winds. >> in china, a huge effort to rescue a little boy in one peculiar predicament. i know that hurts. just when you thought it was

safe to go back in the water, some fishermen shot this video of a shark in cape cod bay. >> all that -- >> a perfect game by the king. felix hernandez. >> and all that matters -- >> this president cannot run on his record. i think john sununu summed it up. >> i like that, john. >> i was watching cavuto yesterday. somebody forced me. >> on "cbs this morning." >> the president said the home brewed beer on pennsylvania avenue. >> he drinks it when he goes out campaigning and even more when >> he drinks it when he goes out campaigning and even more when joe biden goes out campaigning. captioning funded by cbs welcome to "cbs this morning." charlie rose is off. there's no sign that the presidential race is ready to quiet down. after governor mitt romney told us that the obama campaign is trying to create jealousy and

anger, president obama is responding this morning. >> jan crawford is following the debate in washington. jan, good morning to you. >> reporter: good morning gayle and anthony. the selection of paul ryan, that was supposed to focus the race on substance much in the last week, we've gotten the opposite. the attacks from both sides have been vicious, but it's joe biden who is taking it to a whole new level. >> romney wants to let -- he said in the first 100 days he's going to let the big banks write their own rules once again. unchain wall street. they're going to put y'all back in chains. >> those remarks had the vice president wednesday on the defensive. >> i know i am sometimes criticizing for saying exactly what i mean. [ laughter ] >> it's not going to change. >> but it was no laughing matter to governor romney. appearing on "cbs this morning," he said biden's remarks were characteristic of the recent

tone of the obama campaign. >> the president's campaign is all about division and attack and hatred. my campaign is about getting america back to work and creating greater unity in this country. >> later in the day, president obama and the first lady spoke to entertainment tonight's nancy o'dell. >> romney accused you of running a campaign of hate and anger. >> well, nancy, you've been on the campaign trail with me for a day and a half. this is pretty tip caypical of we do. we've been going around the country talking about how do we put people back to work, improve our schools. governor romney has had sharp critiques of me and my policies. that's how it should be. that's the nature of the democracy. >> but the firestorm over biden wouldn't go away. archer davis an obama coach in 2008 and now supports romney says it was no gaffe but deliberate. >> i know what joe biden was doing yesterday and every black person in that room knew who

they all was, they knew what the chains were about, they knew what the metaphor was. >> biden's misstep played into romney's new campaign message. >> yes, we can. >> that the barack obama from four years ago advocating hope and change has become the president of anger and division. >> we're now in attack and blame, smear and fear. the president doesn't have a record to run on. it's a terrible record. failed leadership, broken promises. so he can't run on that. he will have to divide, distract, distort in order to try to win this election. >> both parties are saying that biden should go. including senator john mccain and doug wilder, the former governor who chastised biden for joking about slavery. both side that hillary clinton would have been a better choice but they didn't think that would happen. anthony and gayle. >> jan, thanks.

howard dean is with us. he ran for president in 2004 and later was the democratic national chairman. good morning, governor. >> good morning. how are you. >> governor, even former virginia governor doug wilder, the first african-american governor in this country said yesterday that joe biden's remarks were divisive. we've got 82 days to go until the election here. is the restraint already gone from this presidential race and should president obama be doing more about it? >> look, i don't -- the republicans are going to do these things. the democrats do it too. when somebody says something that's modestly controversial, the other people feign great indignation. this is not good for romney in my view. he has to start talking about the economy. he picked a vice presidential nominee who wanted to turn medicare into a voucher program.

he won't show his tax returns. he's got to talk about the chicag economy. they have to start focusing on the economy and they haven't done that yet. they have no chance in this election until they do. >> this is an inside the beltway huff and puff and it will be gone the next week. it would be nice if they started talking about the issues. >> i hear you, governor, saying it's huff and puff. i've heard some people call it hit for tat. do you recall it being this nasty when you were running? >> no. this is a very nasty campaign. the reason is you have a president who is weakened by a bad economy and you have a nominee who is out of touch on the republican side. i think romney is probably a pretty good guy. the problem is, if you don't play by the same rules the rest america does, you can't expect to be president. that's his big problem.

not giving out the tax returns is a huge mistake. then he picks out a nice guy, a controversial guy whose views are extreme on medicare and social security and that's a problem for him too. so it's going to be a really nasty, negative campaign. then, of course, you've got citizens united. the supreme court's contribution to american democracy and yes, i'm being very sarcastic. hundreds of millions of dollars are going to go behind these ads. it will be a negative campaign. not much we're going to do about it. they need to do a better job of focusing on the issues. >> dpof romney is saying he's running on his budget. but paul ryan's budget has come -- >> during the primary romney said he would support ryan's budget and would sign it. this is a vision. there's i lot of that stuff going on. couple of days ago, governor romney said he wasn't for

deregulating wall street. he's been running on that for six months. this is nonsense. there's going to be all kind of stuff, people trying to pretend they didn't say what they said during the primary season. the american people will sort this out. eventually, the american people usually get it right and in this case, re-elect the right person if i may be very partisan. >> paul ryan said he welcomes a debate on medicare. that he's ready for that. do you give him at least any kind of credit for taking on what has been a tough issue for both sides? >> i do give him some credit for that. unfortunately, his solution was totally unnecessary. you don't have to destroy medicare -- what they did with medicare, essentially, is by turning it into a voucher system is transfer the risk of overspending from the federal government where it's doing us some harm, to individual seniors who can't afford it. the average price tag for medicare for an individual senior will go up to $6,000 in the next few years under paul

ryan's plan, privatizing medicare. that's not a good idea. i do give him credit for taking on medicare but not for the solution he chose which is a radical solution that i don't think the american people are going to pie. >> governor howard dean, thanks for being with us this morning. >> thanks for having me on. for continuing coverage for the race for the white house, log on to cbs news.com. you can read about the man in the bubble as some call mitt romney. will americans get to know him before election day? smoke and flames in the west. dozens of fires are burning. hundreds of people are fleeing two small towns near boise, idaho. as large fire threatens more than 400 homes. meanwhile, more evacuations were ordered last night around the taylor bridge fire in central washington. now, that fire burned about 70 homes. it is one of the worst fire seasons on record with nearly 43,000 wildfires reported this year. a russian airliner from new york made an emergency landing this morning after a bomb

threat. flight 103 was going from kennedy airport to moscow with 253 people on board. the jet diverted to iceland where it was searched. a russian news agency reports an anonymous caller told u.s. authorities there were five suitcases filled with explosives on board. investigation into the incident continues this morning. there is growing concern this morning over an outbreak of the west nile virus in texas. the city of dallas has declared a state of emergency. the worst outbreak in years is blamed for at least ten deaths and 200 illnesses. as anna werner reports, the city has turned to aerial spraying. >> this is a sight that dallas, texas hasn't seen since 1966. the aerial assault against mosquitoes carrying the west nile virus in dallas county could start as early as today. it's a controversial move that carries more rewards than risks. >> i want to take out the

politics. i want to say this is my responsibility, i will take the heat for it. >> jordan connor is one of hundreds of west nile victims in the dallas area. the rare strand of the virus affects her brain and at any moment she could lose consciousness or control of her limbs. >> jordan went from being lethargic to when i woke her up to being narcoleptic. >> despite official assurances, the aerial poisons are safe for humans. some worry about the effect on at-risk patients. >> we're going on the assumption that this isn't harmful for the mother or her unborn child. >> texas officials say statewide there have been 400 west nile virus infections and 16 deaths. for "cbs this morning," i'm anna werner. >> we're joined now by professor michael ralph with the university of maryland college of agriculture. good morning, professor. >> good morning, anthony and gayle. how are you guys doing today?

>> we're doing okay. how alarming is this and what exactly is happening now? >> we're ahead of schedule with the west nile virus. this is quite disturbing. several areas around the country, texas, the gulf states, in the center part of the country, as far west as california, we're starting to see an increased incidence of this virus and it's really quite disturbing. >> why is it happening in texas and the tats that you mentioned as opposed to other parts of the country? >> what happens to get west nile off the ground you have to have three things in place. you need birds that are carrying the virus, you have to have good populations of mosquitoes and with the recent rainfall and the elevated temperatures throughout most of the country, we now have high temperatures, this means mosquitoes can basically complete twice the number of life cycles as cooler temperatures. you've got a susceptible

population. in other words, you've got people that are susceptible to the disease. people over the age of 50 are at greatest risk with this one. >> professor, how effective are these insecticide sprayings ultimately in. >> they're really quite effective. and texas is not the only state considering this. they've already done aerial sprays in places like new york and also massachusetts. i think in massachusetts with the mosquito sprays, they were able to reduce the populations by 60%. this is a really big deal. if you can bring down that transmission rate, in other words, kill that mosquito population, you can greatly reduce the chances of transmitting this virus to humans. >> lot of people are afraid about the insecticides. should they be? >> well, you know, this is a matter of concern. i know that the elected officials down in texas labored over this one quite a great deal. but it's a risk benefit analysis

here, gayle. basically, in this casey think the benefits of these sprays far, far outweigh the sk. we've got people dying in texas. we've got 16 people in the state now, we have more than 700 cases nationwide. the risks of being harmed by these pesticides are not at all unreasonable. the materials they are using are the same pesticides you would use to spray the vegetables in the garden or some of the pests that invade your home. these are relatively safe material. >> professor mike route, thanks. >> my pleasure. >> what a difference a couple of months can make. gas prices are surging across the country after falling dramatically in june. americans are spending about $1.5 billion a day to fill up their vehicles. rebecca jarvis is here to show us what's behind the massive increase. rebecca, good morning. >> anthony, good morning to you. this is a dramatic change from a

few months ago when analysts were saying we could see $3 a gallon gas by the fall. now gasoline is on track for its most expensive year ever, averaging ten cents higher a gallon than last. what changed things? here's the breakdown. since july 2nd, prices are up 38 cents. now, the bulk of the run-up occurred in the first days of august. 25 cents of that increase is tied to crude oil prices. they've jumped about $15 this summer. but the big surprise, about three cents is tied to drought in the midwest. and since ethanol is used in making gasoline, the drought has driven up corn and ethanol prices are higher. that drives up gasoline as well. the remaining ten cents has to do with increased production cost. it takes a refinery to turn oil into gasoline and there's been a slew of refinery problems in the midwest and california. most famously, the major blaze in richmond last week. these problems are spilling over

into national pricesment residents in hawaii, california, illinois and michigan and connecticut are paying above or near $4 a gallon. there are some places in the country, however, that are much better off when it comes to gas. can you guess which states get the biggest breaks? arizona and south carolina. each paying about $3.41 a gallon on average, gayle. >> thanks rebecca. rebecca jarvis, thanks rebecca. there's an overwhelming response to the obama administration's program to give temporary legal status to undocumented immigrants. tens of thousands of young people lined up wednesday to apply for the program allowing illegal immigrants to work without the risk much being deported. they must be under the age 31 and they've been in the u.s. for years. >> many got sick after being exposed to concentrated chili pepper. a forklift driver punctured a barrel containing the spice.

the workers complained of chest pains and breathing problems. all but one were treated on the scene. time to show you some of the headlines from around the globe. the philadelphia enquirer says a pennsylvania judge upheld the state's new voter identification law. the law requires voters to show a valid photo i.d. opponents claim the law is a republican scheme to keep democrats from voting. they plan to appeal. in london, the telegraph is reporting that britain's prince philip is hospitalized with a bladder infection this morning. queen elizabeth's husband is 91 years old. the prince was hospitalized during the jubilee two months ago with a similar infection. the l.a. times says a test flight of the hyper sonic x-51a has failed. the unmanned experimental aircraft is designed to travel up to 3600 miles an hour. about 15 seconds into its test flight off southern california, it couldn't maintain control and dived into the pacific ocean. according to the boston globe, the federal aviation

administration says wind turbines off cape cod will not pose a hazard to the planes. it's the last hurdle to build the nation's first off shore wind farm. the seattle times says mariners pitcher felix hernandez was perfect when wednesday. he pitched the third perfect game in the majors this season. the most ever in one year. hernandez struck out 12 batters and allowed no base runners, leaving tampa bay 1-0.

>> this national weather report sponsored by walmart. save money. live better. the little guy versus big insurance. we'll take you inside a growing customer campaign against one insurance giant. we'll show you what has so many so angry. and one lucky person in michigan holds a $337 million

powerball ticket. for the people who drew those winning numbers, it was just another night at work. >> this is the first shot and for many people it's live. this is when you get to see approximate your $2 just paid off really big. >> we'll show you how the powerball people do it on "cbs this morning." >> this portion of "cbs this morning" sponsored by purina. your pet. our passion. parents this year i'm going to teach your kids

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ouch. this young boy in southeast china somehow got his head stuck in a stone railing. firefighters had to use power tools to get him out. the good news is, he is okay. he's been reunited with his grandmother who said to him, what the heck were you thinking? welcome back to "cbs this morning." i know we shouldn't laugh about it. >> did you ever do anything like that? >> no. because only boys do that. it's a sweeping generalization. >> that's slander. hold on a second. >> i don't know little girls that would do that, an thoi. i just don't. an online firestorm is raging against progressive insurance company. many customers on twitter and facebook are promising to cancel their policies much the

controversy erupted this week after a blogger accused progressive of defending a driver who killed one of its own policyholders. elaine quijano is here with the story. >> good morning, anthony. the blog that sparked all that anger was posted by the brother of caitlin fisher who was killed in a baltimore car crash in 2010. matt fisher was appalled to see a lawyer for progressive stand up in court and try to convince a jury that his sister was to blame. >> this was all that was left of caitlin fisher's honda insight after the accident. a witness at the scene said the driver of the black suv sped past him, ran a red light and crashed into fisher's car killing her almost instantly. she was 24 years old. >> i was awoken by a call from my grandmother. she eventually said call your parents and hung up. i called my dad and he told me my sister had died. >> the driver of the suv was understood for $25,000 but

fisher also had a $100,000 policy with progressive in case she was injured or killed by an underinsured negligent driver. progressive refused to pay because in ms. fisher's case, there were conflicting eyewitness accounts as to who was at fault. >> if you're an insurance company and your obligation to a lot of your people, your stakeholders there. you only pay out claims when you should have. >> fisher's family sued the other driver in court to establish his negligence. but when the trial started, the fishers were stunned when a lawyer for progressive intervened in the case and asked for the company to be included as a defendant. >> the guy who, for better or worse, killed my sister had more than one attorney, he had two attorneys and one of them identified himself at the beginning of the case as an employee of progressive. >> the company disputes that and notes that the other driver was represented by an attorney for

his insurer, nationwide. the trial lasted only three days. the jury sided with fisher's family and a awarded $760,000 in damages. but the experience left them feeling betrayed. if you are insured by progressive and they owed you money, they will defend your killer in court in order to not pay you your policy. he blogged. his post went viral, shared over 11,000 times on tumbler. outraged customers flocked to facebook and twitter pages. the company which prides itself on customer service made matters worse when they responded to the complaint with an auto tweet that was quickly mopped online. >> this is a tragic case and our sympathies go out to mr. fisher and his family. >> progressive told "cbs this morning," a jury determined that the other driver was at fault in ms. fisher's accident. in accordance with that decision, progressive is actively working with the fisher

family and their legal representative to resolve the claim. progressive participated in the trial procedures on our ownby half. while nationwide represented the other driver. but it didn't look that way to matt fisher. >> what did you see when you were at the trial? >> he defended that guy in the case. he argued to the jury in his opening statement that he should not be found negligent. he cross-examined our witnesses, he conducted direct examination of their witnesses and at the end, he made a closing statement. he argued that the other guy had a green light. my sister had a red light. >> a lot of people might be upset about that. say it's not good faith. from a strictly legal point of view, that's what insurance company is allowed to do under those circumstances. >> i've never met siblings as close as we were. i don't think anyone has ever loved me as much as my sister did. >> in a statement sent to "cbs this morning," progressive said

as of last night we understand from our attorney that an agreement has been reached with the fisher family. however, we don't know the details of that agreement. anthony and gayle. >> elaine quijano. thanks. game.ow the powerball waiting - who bought that $337 million ticket? we'll go to the drawing and tell you how they guard against any chance of fraud on "cbs this morning." okay, team! after age 40, we can start losing muscle --

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♪ luck be a lady tonight ♪ >> that's the perfect song for this story. the odds were 170 million to 1. but a ticket buyer matched all the numbers winning a jackpot estimated at, $337 million with

an m. lottery officials say the one winning ticket was sold in la peer, michigan at a sunoco station. manuel is where the powerball took place. >> do you know anybody there in michigan. >> i do not. i'm hoping i'll get to find somebody there. hey, where in the studio right now where that drawing happened. a lot of excitement here last night. they used lottery balls very similar to these right here. i got to point out, they're letting me hold these because they're from a retired set. there are a lot of strict rules here. the balls which are currently in use cannot be touched by bare hands much it's one of the many things we learned last night as we went behind the scenes. >> get ready everybody. this is powerball. >> this is the moment millions in america waited for last night. hoping to win the third largest

powerball jackpot in history. $337 million. more than 86 million tickets were sold across the country. and while drawing six numbers might look simple, you may be surprised by how much work goes into pulling it off. >> a lot of people when they find out what i do, they think oh, with a lottery job, what you do is come inside minutes before a drawing, pull some equipment out, do the number and you're done. >> we asked sue dooley of the multistate lottery to take us behind the scenes of the powerball drawings which happen in tallahassee, florida. the preparation starts two hours before the live drawing and while many last minute ticket are still being bought. >> every player, when they put down their $2 for a powerball ticket, has an equal chance of winning just as much as anyone else. >> it starts here. four people must be present to even unlock this hall where the machines and multiple sets of lottery balls are stored. the ones used for any given

drawing are chosen randomly. >> no one really knows what equipment is going to be used on any given night. >> exactly. less than two hours before a drawing -- >> at 9:30 the equipment is moved into the studio and the load-in begins. >> would i be able to hold one? >> not one of these. >> the red and white balls are made of rubber. each cost $60. has a life span of two to three years and weighs around 80 grams. they must be in close in weight as possible. the average difference a mere .3 of a gram. the machine which cost $55,000 each are then tested. but officials here are not the only ones keeping a close eye on things. there are cameras everywhere which are monitored outside des moines, iowa, at the multistate lottery corporation head kworsers. there's a lot at stake. tickets are sold in 42 of the 50

states, washington, d.c. and the virgin islands. since 1992, powerball awarded $20 billion in money. an hour before the 11:00 p.m. eastern time drawing, the final rehearsals are getting under way. >> while officials in iowa count the latest returns so the most accurate jackpot total can be announced. >> $337 million. >> at 10:30, the final load-in. then it's time to wait. counting down the minutes, then the seconds before the big moment. the host told us before the drawing on a night like this, he feels the pressure >> it's the first opportunity everyone in america gets to see the winning numbers. i think that's one of the coolest things about what i get to do. it's not the next day in the paper. it's mo not on the nightly news. for many people it's live. you get to see if your $2 paid off really big. >> and they did.

>> it is the number 21. >> michigan is a winner. >> within an hour of the drawing, the folks in iowa got word there's a winning ticket. >> as you mentioned earlier, we do know a little bit more about that winning ticket this morning sold in la peer michigan at a gas station north of detroit. we still do not know who holds the ticket this morning. whether it's an individual or a group. if they come forward today, we could find out later or it could be weeks. >> thank you, manuel

apple reportedly has a new plan to capture your cable service. it could change the way you watch tv. they're hoping. that's coming up next on "cbs this morning." wider awake. only the beautyrest recharge sleep system combines the comfort of aircool memory foam layered on top of beautyrest pocketed coils to promote proper sleeping posture all night long. the revolutionary recharge sleep system from beautyrest... it's you, fully charged. receive up to a $300 beautyrest visa prepaid card when you buy select beautyrest mattress sets. ♪ spread a little love my way ♪ ♪ spread a little something to remember ♪

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apple tv 2.0. the wall street journal reports apple is negotiating with major cable tv companies to let consumers use an apple device in place of their cable box. c-net editor brian cooley is with us this morning. brian, good morning. >> good morning. >> what exactly is apple trying to do here? is it really a game changer? >> it could be. now, here's the minimum idea. take the current apple tchlt box which is basically an internet streaming box and also let you download internet video of major shows and then add a cable box to it. kind of a mash-up if you will. that to me, is the minimum of this vision. i think the bigger idea is for them to take their box and turn it into one that gets everything via the internet. so it would be streaming all those channels you get on cable right now, which includes several holy grails, local news, live sports and all those things that you currently don't or

can't legally get as an internet stream or download. >> does it mean, though, brian that we have to buy another box for hundreds of dollars? >> yeah, gayle. this would definitely be another device. the current apple tchlt box just doesn't go there. not into this new vision. the idea is to change pricing on a couple of levels. first, as you mentioned, you have to buy a new box, who knows how much it would be. the current one is 100 bucks. the a la carte pricing of channels would be a big part of this vision. we buy a big bundle of cable. consumers grouse that they don't want some of the channels. the ones subsidize. -- you would have more control over buying the champs you want and not have to buy this huge array of them the way we do today. that may take a few years to iterate into. >> is apple following the same playbook that it did with the mobile phone industry, convincing others to marry their

apps with apple formats? >> this is about talking to the cable companies and also the rights holders, the big studios and broadcast networks and cable networks who produce and own the shows that people care about the most. they hold the keys to the kingdom. the cable guys hold the keys to current distribution. those are both key parts at this point that apple has to go talk to both of them. this is really more about deals in my mind than it is about the technology and the new box. they could do that today. cutting a new deal that allows all that broadcast content to be distributed in different on-demand, a la carte choice ways, that's the real revolution here. >> does the cable industry appear to be receptive? >> well, we noah cording to the reports that apple has been talking to the usual suspects, the big cable guys. realize, gayle, how much is at stake here. billions of dollars literally in current revenue is at stake in the current model. that's not going to be tipped very easily. i expect when and if the box

arrives -- it should be a technology built into the new apple television, not just an add-on box that i think it will be coming in some degree of stages. but the ultimate goal is totally streaming. >> brian cooley thanks. stay with us. we'll be right back on "cbs this morning." >> this portion of "cbs this morning" sponsored by hershey's kisses. delightfully delicious one of a kind kisses. ♪ [ male announcer ] aggressive styling. a more fuel-efficient turbocharged engine. and a completely redesigned interior. the 2012 c-class with over 2,000 refinements. it's amazing...inside and out.

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are awake? it's 8:00. welcome back to "cbs this morning." i'm gayle king. charlie rose is off today. >> i'm anthony mason. back with us with james brown, j.b. >> everything is rhetorical, right? >> good to see you guys as well. >> a new york man is out on bail this morning. charged with faking his own death to cash in on hundreds of thousands of dollars in insurance money. as erin moriarty reports, his son has also been charged and now they're blaming each other. >> for a man who supposedly drown last month, this man looked pretty healthy in new york wednesday. he was released on $100,000 bail after pleading not guilty to

fraud charges. >> he was going to florida, absolutely. but he didn't intend to commit insurance fraud. >> authorities say the 47-year-old and his son jonathan hatched a plan to collect more than $400,000 in life insurance. jonathan ross told park police his father was missing. sparking a massive search costing more than $30,000. days later, the missing man's brother told authorities roth was staying at his orlando timeshare. >> there was an enormous effort here with helicopters and boats and divers going out looking for this man when he was driving on his way to florida. >> his wife believed her husband was dead until she discovered e-mails between him and her stepson. >> i was planning a funeral for him. and then to find out he's alive, it's anger, it's sadness. >> in one e-mail ross tells his son, there need to be a way for me to find out how things are going. call me sunday night at the resort.

that's the day after he vanished. >> ross' lawyer says the plot was all the son's doing and that raymond ross only wanted to get away after being fired from his job. fired after threatening co-workers. >> he was getting out of here to avoid the prsh urs that he felt were coming down on him from loss of employment, from the bills. >> his son's lawyer, though, says his client was abused by his father for years and was forced into filing the claim. >> this case, in and of itself, is about three things in my mind. it's about coercion, it's about the abuse we talked about and it's about manipulation. >> if convicted, both men face up to 15 years in prison. erin moriarty is here along with jack ford. hello, you two. >> with both sides blaming each other, will it be tough for the prosecution to prove the case? >> i think there's more evidence against the son. because the father took off and

the son told the police his dad was missing. he allegedly also said they came in one car when in fact, they came in two cars. and he's the one who filed the claim. but i think what may help the son is the fact his -- how does a 22-year-old know what insurance company to call when the wife didn't know what the insurance was. it was a corporate policy for met life. and the son knew where to make the claim. i think that had to come from the dad. >> the defense, though, is saying that the father knew nothing about insurance fraud and was actually mentally ill. how doif is that to prove? >> it's a combination of things. as gayle said, part of the defense is this. not me, this guy over here. >> from the father's perspective setting the stage right now, we've seen the fact that he was having a problem, claimed that he was bipolar, that he was in for treatment. that can be a mitigating factor for things.

you won't get a minimum -- not guilty by reason of insanity. there are a couple of different types of charges. in terms of faking your death, there is no question that he did that. they're going to try to suggest a why answer that might diminish what the punishment could be or his responsibility. but the prosecution is going to walk in as erin said and be the summation will be really? is that really what they want you to believe as the jurors? that the father didn't know aout the money? >> let me play off gayle's question about them blaming each other. will they be tried together or separately? >> that's a good question. that inside baseball in terms of the law. generally, speaking if you have two guys charged with a crime, you try them separately because the constitution requires that one defendant has an ability not to be forced to testify and if the other guy's statement is going to be used that they both

did it, it forces them to get on the stand. if there's a conspiracy count as there is in here, the law allows co-conspirators to be tried together and it's one of the exceptions where the law says the statement of one of the co-conspirators can be used against the other. so if i'm the prosecutor, i want them both in here. at the same time, i want to throw everything in front of the jury and then say, come on, really. you didn't think they didn't know what was going on? >> i think they're going to try to flip the son and have the son testify against father. i think that makes the most sense in this kind of case. also, the father let him sit in jail for a week. >> i know. >> i'm finding it's incredibly sad. at first you chuckle about the case. but it's so sad to throw his son under the bus. but i assume he thinks that the young man wouldn't get the same kind of penalties. >> if i'm the defense attorney for the son, i'm in the prosecutor's office saying let's work something out. you need his testimony. i get something back from you.

let's work this thi are the chemicals in your beauty products really harmful to your health? one major company decided to pull them. we'll tell you why. that's coming up next on "cbs this morning." hey parents, it's a big year. i'm not just teaching music.

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they might be the best ones to date. speaking of which, i don't have my pen. jay, jay the intern, could someone bring me my pen please?

>> can you gets this to stephen? [ applause ] >> that's just great. darn, this is a blue pen. i wanted a black one. oh, well. >> that's good. >> i wish we could get that service around here. how many times do you think they had to practice that? >> one. those girls are that good. >> how many times would we have to practice that, right? >> i'm not even going to try that. a big change is coming to the $60 billion a year personal care industry. on wednesday, under pressure from health and environmental groups, johnson & johnson announced it will remove potentially dangerous chemicals from nearly all its toiletries and cosmetics by 2015. >> the company is already on track to do that with baby products by next year.

dr. philip landry began of mount sinai medicine studies chemical exposure. >> good morning. great to be here. >> glad to have you. do you think this is a good thing or more of a pr move? >> i think it's absolutely a good thing. i think johnson & johnson has taken a proactive step that's necessary and very important. >> we want to look at the statement that was put out. they say we're doing this because we're listening to the people who rely on our products and if they have concerns, we're committed to address them as long as we can do so safely and effectively. >> how do we know in fact products are safe? who tests them sm. >> i think that's the bigger story here. it's good that j and j is taking out the toxic chemicals. why were they in there in the first place and why were they allowed to stay so long? i think the answer to the questions is the legal system is supposed to protect americans

against -- it's fundamentally broken. it's been broken for decades. >> disturbing that a lot of the products and chemicals are in baby products. talk about personal care products first. which are of the most concern to you sm. >> looking at the list of chemicals they're about to remove, let's start with formaldehyde. it's a proven human carcinogen. causes cancer. the next one on the list is thalates. when they get into the human body, they interfere and scramble between the cells. that's especially important in early development. if a baby in the womb is exposed to thalates, that the mom puts on her skin while pregnant, travel into her bloodstream, get to the baby, they can cause brain damage to the baby, loss of iq, alteration of behavior, even some behaviors that resemble autism. this is not good. yet, we allow these chemicals in

products. >> do you think we now need to start reading our bottles? most people may read for food. but i don't know too many that read beauty product labels. >> i think absolutely people stat to need -- they need to start reading the labels on beauty products, on soaps and shampoos. there are websites they can go to, to learn which of are the safe products. individual responsibility is always employed. we also need new laws in the country. we have a broken legal structure here. the congress needs to fix that. we need to pass safe chemical legislation. >> how common is it doctor that these are in the beauty products? is this an anomaly at j and j? >> it's common -- there are safe products out there. if you can go to some of the websites like ewg.org, people can get lists of the cosmetics that contain thalates and those that are free of them.

people have to do that. absolutely. >> why is overseeing part of this broken? >> the problem is that we're dealing with a law called the toxic substances control act, which was passed way back in 1977. and it's based on outdated science or based on outdated assumptions. that's when that legislation was passed. nobody understood how exquisitely vulnerable fetuses, infants are to toxic chemicals. >> how serious is this problem sm. >> the problem of chemicals and consumer products is very serious. there are thousands of consumer -- there are thousands synthetic chemicals in consumer products today that have never ever undergone safety testing. i consider that to be a national scandal. >> so your number one beauty product is? i want to use whatyou're using.

>> i don't take brand names. i'm sorry. >> i'll talk to you off camera. thank you. >> has his own concoction. >> thank you for joining us. very important stuff. airlines have something new to fight turbulence. the biggest advance in weather radar in 40 years. captain sully sullenberger will show us how the new technology is making travel safer too. you're watching "cbs this morning." okay, team! after age 40, we can start losing muscle -- 8% every 10 years. wow. wow. but you can help fight muscle loss with exercise and ensure muscle health. i've got revigor. what's revigor? it's the amino acid metabolite, hmb to help rebuild muscle and strength naturally lost over time. [ female announcer ] ensure muscle health has revigor and protein to help protect, preserve, and promote muscle health. keeps you from getting soft.

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every so often when you fly the captain announces there's turbulence ahead and tells you to buckle up. i hate when that happens. but this morning, new radar systems are letting pilots see

farther and wider to steer clear of storms coming your way. let's talk about that with captain chesley sullenberger. safety expert. hello to you, captain. >> hi, gayle. good morning. >> as president of the nervous nellie's flyers club i was excited to be talking to you today. you know my issues. >> yeah. we all do, gayle. in fact, be assured that the entire aviation industry knows that you're a nervous flier. that there are thousands of people working very hard every day to make sure you don't need to worry when you fly. >> i thank you for that. tell us about this new radar. how does it differ from what we already have? >> it makes the pilot's job much easier and more inthu teu tiff to figure out what the weather is ahead of you the pilots have to carefully manually adjust the tilt, the vertical angle that the antenna makes looking at

vertical slices or horizontal slices of the weather ahead. these new technologies and products automate that and look ahead automatically and complete a 3d picture of the weather ahead. it doesn't require as much individual pilot skill and it's easier to interpret. >> so captain, that leads me to the obvious next question. you say the radar reading is a dark art, if you will. what do you mean by that? >> the credit to learning to playing a violin. there are some pilots who have skills and well-learned. there are some pilots who aren't quite as perfect in them. interestingly, traditionally, most airlines have given their pilots very little formal training in the use and interpretation of weather radar. it's something expected to have when they get to the airline or pick up as they go along and get better at over the years of flying. so this is sort of an equalizer.

it makes it easier with less workload. the proper interpretation of it. it doesn't require this same manual antenna tilt adjustment to be able to accurately see the vertical tilt of the storm. it makes it more likely that you'll be able to correctly interpret whether the weather ahead is a threat or not. >> do you think, sully, relying on more technology can be a liability? sometimes technology can fail. >> i think in this case, i think it's going to be a plus. you know, obviously there are always unintended consequences and one of the surprising things about this particular product is it removes from the pilot's ability to change the manual setting of the tilt. that technology, that capability to manually set the tilt would no longer exist in this particular product. other products ducts that are similar, that's still possible. the computer algorithm accurately gauge where the characteristic things are there to be able to interpret the

radar more intuitively. >> thank cñhx89888

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♪ ♪ [ banjos playing ] >> never forget that song. welcome back to "cbs this morning." it was 40 years ago this summer, a movie called deliverance made a big star out of burt reynolds and showcased the beauty of a little known part of the south while scaring the heck out of the people with the terrifying depiction about some of locals who lived there. mark strassmann visited the area where the movie was filmed and found it has had a deep and lasting impact. >> where are you going, city boy? >> we'll find it. >> in the 1972 release

"deliverance" four atlanta businessmen test themselves. navigating an untamed river in sout appalachia. >> they end up lost in a depraved back woods culture. >> audiences saw brutality and beauty. especially in north georgia's chattooga river where the movie was shot. people wanted to experience the river themselves. isolated mountain communities like raven county, georgia, suddenly had tourists >> the release of the movie launched rafting in the southeast. >> jack wise is the ceo of wild water. the first of three major rafting companies that opened here after the movie's release. >> the movie was a great thing for the river x it was a great thing for rafting and adventure seekers all over the country as far as getting out and developing the area. >> 30,000 people a year raft these waters.

a $20 million local industry. but the movie's impact went well beyond the river's banks. >> in deliverance, north georgia was discovered. the state's movie industry took off. so many tourists came, the chattooga river became federally protected. it can never be dammed or developed. to this day, some locals hate deliverance. >> i find "deliverance" less -- that means not at all. >> barbara wood all is an author, a grandmother and self-described plain old mountain gal. she says deliverance put mortgage georgia on the map for all the wrong reasons. >> it was repulsive. stereotyping. >> what in particular? >> what stereotyping? that we're all ignorant, stupid hillbillies strayed from the land of nine-fingered people. >> talk about genetic deficiencies. >> god forbid you come face to face with an inbred hillbilly.

it's a wrongful depiction of a humble happy people. that didn't deserve to be assaulted on the silver screen like that. >> ♪ ♪ >> in "deliverance" this banjo playing boy became the face of the movie's back woods ster stereoty stereotype. the actor was billy redden. he's now a maintenance man at the local walmart. >> to this day do people say are you the banjo guy? i say yeah. >> when he was 15, a casting director came to his school and picked him on looks alone. he had never acted before and could not play the banjo. >> did you have any idea what the part was? >> i did not. i had people come to me, how did you ever get that part?

i guess it just come natural. >> redden likes the movie and doesn't see the controversy. >> to you it's just a movie in. >> just a movie. >> nothing more? >> i just wish that somebody would stop and realize that it's just a movie. if you don't want to watch it, don't watch it. >> but barbara wood all is still spitting mad. >> it's not just a movie when a culture has been assaulted. >> she says hollywood came to her mountains, laughed and left. >> i wish the movie scars would disappear like the movie stars, but they don't. they're still around. there's still people that parade t-shirts up and down. if you hear banjos, pedal faster. >> when deliverance first came out, no one imagined it would become a pop culture icon. >> don't come back up here. >> you don't have to worry about that, sheriff. >> its lasting influence for

better and for worse became another unexpected bend along the river. >> for "cbs this morning," mark strassmann in raven county, georgia. >> i could see why people who live there would be upset. i see his point too, it's just a movie. i remember that movie being traumatizing when i first saw it years ago. i'd like to see it again. >> i think if you live in a remote place like that, hollywood comes in, it's incredibly intrusive. >> i think the woman is a very effective spokeswoman. >> yes, she is. >> sign her up. jennifer garner says she does not want to be type cast as a mom but that's exactly what she is both on and off the screen. this morning she's talking about her new film and about life with her husband. that would be ben affleck and their three children. before we talk to her,

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♪ ♪ in her new movie, the aught life of timothy green, jennifer garner plays a small town wife who has given up her dream to have a chied. when an unusual boy shows up unexpectedly, she and her husband do their best to be good parents. >> what did you nut there? he's about to fall over. >> anything he might need. notebooks, pencils. there's a box of tissues on the bottom. ths a whole first raid kit actually. healthy snacks and treats and graham crackers. flashlights and batteries. >> mom, i think i can handle it from here. >> there's an extra -- >> have a great day. >> that's too much pressure. >> have a day you have. >> he's like mom, chill. jennifer garner is here in studio 57. good morning to you, jennifer garner. >> good morning. >> i sew related to the movie in terms of a young mother who wants to do everything right with her child. >> it's so right. the first-time parenting thing. you can't get around it. the first time you're a parent,

you are a first-time parent. the harder you try, the more you get in your kids' way. that happens to cindy green. >> her son was -- timothy would say mom, it's okay. it's all right. just relax. >> this movie is a rather -- it's a lot about how much your kids teach you. this little boy, in real life c.j. adams but in the film, timothy green is kind of a oi owe. >> for me jennifer, i am thinking i've seen you in many roles. i've been smitten with you for a long time. >> felicity, alias. i was there. >> it's one of the rare times we see you playing a mom on screen. >> it's the first time i played a mom for a whole movie. >> how did you feel about that? you really know this mom stuff. >> yeah. you can't help it. i was picky about the first time i was going to play a mom. it feels like i'm exposing something that's very intimate to me. but there was no -- i absolutely was dying to play this role

because i think peter, who wrote and directed the film, got so much right about parenting. anyone can relate to the relationships in this film, whether you're a parent or brother or sister or father. this is a very relationship-rich movie. >> of all the stuff that comes to you, the scripts that come, why did you say i want to be cindy green sm. >> i wanted it because i loved the realism of the relationships wrapped up in this magical music box. i felt like it would be -- >> magical music box. >> like it would be a movie that parents would love and that kids would love. that has turned out to be true. kids think the movie is for them. parents think the movie is for them. you see what you see in the film. >> it really does cover the gamut. but i got such a kick out of you because, can i just say i was so happy when you had a little baby boy. >> thank you, me too. >> you have two girls and there's nothing wrong with having another girl. girls a great. i wanted a little brother or --

did you want a boy as much as i wanted you to have a boy? >> i don't know. i come from three sisters. i couldn't help but imagine my kids being three sisters. i'm so nuts about my husband. >> having a little baby boy, what's the difference between girls and boys? there is a difference. i read that people say you're different with your son than your daughter. do you think that's true? >> there he is. hi honey. he thinks it's true. >> hi honey. >> he thinks that i'm different. i don't think so. he's five months old. i just feel like i love the baby stage. he thinks i'm even more en no, ma'am ar orred. i don't know. >> the baby stage flies by. >> it goes. >> >> i just turned 40. >> you're older than ben. >> by four months. i'm cougar. >> cougar looks good on you. >> continued success to you, jennifer. are you nervous about the opening of the odd life of

timothy green? >> i get nervous. but it's so out of my hands. i've felt this evangelical need to tell people about this movie. so that makes press a lot easier because i do love it so much. i feel like it's a life affirming movie at the end of a summer. summers are full of action and special effects and blockbustery feel. this isn't that. you walk out of this and you feel lucky to have your life. it's been a pleasure, a pleasure to talk about. >> it is true. you walk out of there and you feel good. you're happy for you, you're happy for him. you're happy for the movie. it has a nice tie at the end that i won't giveaway. >> thank you. >> you're welcome. >> i know you want to. >> i really do. but i won't. jennifer garner, thank you. >> thank you so much. >> the odd life of timothy green is in theaters right now. some people get all their news from jon stewart. jon stewart hates that he says. we'll show you what else he told charlie rose about the daily

show. we'll be right back.

two major political party conventions are upon us. in tampa, the live act shut their eyes and nominate romney and democrats get together in charlotte the week after and scheduling surprise guests. democratic convention planners are seeking a guy soldier and a fellow straight soldier who served together in iraq and afghanistan and ideally the straight soldier was helped by the guy soldier. it's complicated. probably easier than their final guest, a cop who rescues a construction worker. with an inyand chief who are friends with a motorcycle guy. >> it all ties together, doesn't it? >> it does. this morning we have jon stewart

in a classic charlie rose conversation in 2004. the host of comedy central's daily show spoke with charlie about taking a serious view of politics then making it funny. >> how do you see your role in terms of what the daily show is? is it pure entertainment or is it more? >> i don't see it as -- i don't see it for anything outside of our goal, which is to do the funniest, smartest show about things we care about that we can do. so in essence, it's ultimately a pretty selfish pursuit. i know that sounds sad. but it is i mean, it's true. >> these are things you care about. >> yes. we care about politics and world events and things like that. that's the most interesting thing to us. in the way that -- here's what we would like to be, honestly. i look at seinfeld, the show seinfeld as truly just one of the most incredibly well-created

and executed shows of all-time. each episode was so well-crafted. >> a play on urban life in their time. >> the observations and the characters, we would love to be that successful in terms of -- obviously, look, we do it every day. some days we do well and other days we don't. on a consistent basis, we would love to be that good, that competent. at attacking our world. that's really what we try and do. >> i have never -- you know what, just watch it, just watch it. >> you i wish we lived in the day where you could challenge a person's idea. >> that's democratic, georgia senator bill miller building that wrij to the 18th century. >> where do you get your information? >> on the top of -- most of my information is sports scores.

as it goes by, toronto beat tampa bay. >> that's probably exactly right. i always love that, that literally cabs now have sports scores because god forbid that you get home and you don't know the score. between the time you left your office and gotten into your car a game may have ended and the score gone unreported. it's wild. >> but do you watch other television programs? do you watch the evening news? >> i don't watch the evening news. that's typically when we're taping our shows. i have the 24 hours on all the time, which is -- >> cnn, fox? >> absolutely. >> if i can get one message across to the viewers right now. don't do that. it's not helpful. and if anything, it just makes you upset. >> get any political news -- i'll come back to this. those who get their political news from you. >> again a mistake. although, again, that's something that is postulated and

not proven. i would very much doubt that anyone could -- we take so much knowledge for granted on the show that if you were looking to us for information and news, you would be sorely lost. i don't know that you could do it. our show would appear to be like charlie brown's teachers. it would be me going like this. it wouldn't make any sense. >> all of the brilliant takes that you do in terms of being able to stop and all of the action that you do, is that just intuitive? >> i believe it's called mugging. >> mugging. something i learned. it's an arc type of my people. my people want to be liked. >> these are ancient -- >> the arc a types of years past. >> it's an ode -- >> it's inherent or when you -- when your people are chased by pagrams.

you find it might be better to be more likeable. >> you can mug better than everybody else. >> we would like you to let us stay. whenever we see people looking at us in a funny way -- >> did you do it and somebody said, god, that's great? >> no. i think that -- you do -- the best thing comes what's natural to you. i think that's what's natural to me. you're always trying to find the perfect face. obviously, i'm sure there are times when it is overused as a crutch in lieu of a sharp joke. you know, it is -- we only have so many ingredients to make tacos with. it's either going to be -- this one will be a bean one and that one a chicken one. to a certain extent, you're always going to the different -- >> one of the things he did well. >> he was, though, the master of the dead space. he just -- where i think my facial expressions are slightly

meatier than his -- >> meatier? meaning what? >> meaning more active. his were i think more passive and more jack benny sort of living in the silence. i think he enjoyed living in the silence. >> like punctuation. >> when i live in the silence, then the voice goes, you failed everyone that ever loved you and i have to make a face to get it out there. >> the voices talking to you. >> exactly. >> his was, i think, the protestant version of what i do. >> the nebraskan version? the refined version that was far more dignified. >> have you built the show with all the people that contributed that is perfect for you? >> in that i haven't been fired yet, i would say yes. >> no. but you don't -- >> i mean, the way you've cast it, the time of it, the way you do it, having a guest that you can do, are you sometimes having

fun? >> i love it and recognize how fortunate i am to be in that place at that time with the people i'm working with. with the writers, producers and correspondents that are around me. because they are not only, i think, talented people, but kind people. and reasonable people and like-minded people and very much the workday is at times relentless and somewhat excruciating. but somebody is always stepping up to bring some inspiration to the table. >> he said he wanted to be that good and that competent as seinfeld. i would say mission accomplished for jon stewart. >> you know, he also said he doesn't want people to try to get their news from his show. i think there are a lot of people who actually do. >> i know that that's true. >> on a lighter note, are either of you honest enough to acknowledge that there are voices in your head? >> there were early this morning. >> not today. >> we'd like to stay but we have to go. that does it for us. up next, your local news.

we'll see you tomorrow on "cbs this morning." we'll see you tomorrow on "cbs this morning." thanks for being with us. in the people, businesses, and organizations that call greater washington home. whether it's funding an organization that provides new citizens with job training, working with an anacostia school that promotes academic excellence, or supporting an organization that serves 5,000 meals a day across d.c., what's important to the people of greater washington is important to us, and we're proud to work with all those who are making our communities stronger.

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