>> and plus, child sex and a college football coach, a well known one, accused. >> they all but come out to say that this charity was a point for him to get access to kids. >> and it is not just jerry sandusky, two college big wigs have explaining to do. and super nanny is fired up. >> he didn't apologize, he justified what he did. >> jill frost goes off on the judge caught on tape beating his daughter. it is all right here, right now, on cnn. good evening, everybody. i'm don lemon, thank you for joining us in the "cnn newsroom." one year from now, it is election night, and the voting results will be pouring in from delegate-rich states in the wrest but -- west, but right now the focus is focused on the candidates. major gop candidate herman cain is losing patience fast with the media's accounts of sexual allegations from his past. and we caught with him tonight struggling to change the subject in a room full of reporters. >> i was going to do something that my staff told me not to do and to try the respond. okay? what i'm saying is this. we are getting back on message, end of story. back on message. read all of the other accounts. read all of the other accounts where everything has been answered, end of story. we're getting back on message, okay? >> earlier here on cnn i spoke with a contributor to cnn and a senior writer and i asked them to respond to his anger. >> the fact that herman cain is trying to turn this around and make it about journalism and the lame stream media to borrow a line from our girl sarah palin, it is just showing you how irresponsibility he is, and how ill prepared he is for the stage and the moment. the real problem with this is that he had an opportunity to get in front of the story, and now he is wagged by the story. he is upset about it. if i were a voter and i would say if this is the man who responds to something that is not really a critical issue in his face, how does he handle the real issues? to me, that is a real moment of concern if i were a voter. >> yes, we will talk about other issues as well later on, but will, there is a reuters poll out there indicating that cain has lost some favorability but he is holding at the top of the rest of the polls. does he have anything to lose by attacking the media? i would say it is probably win-win for him, because there are many conservatives who would say it is a liberal media going after him, even though they go after every single candidate who rises to the occasion whether it is a woman or man, black or white, and everyone gets this level of scrutiny? >> well, you have seen the conservative base circle the wagons around him for three reasons. one, because the man is likable and very charming, you want to root for this guy. two, the herman cain the symbol and not because he is a black conservative, but a businessman and represents an outsider, an nontraditional politician. and three, because the allegations are vague and anonymous, a lot of people say, well, it does not sound like it should amount to a character assassination just yet. so that's why you'll see him continue to do well in the polls, and if he plays the media as the bad guy, it is a pretty good strategy. >> and herman cain and his associates call this a high-tech lynching, and we will address that later in a segment this hour. we'll address that in a no talking points segment later. and to college sports which is reeling from child sexual abuse charges from the team's athletic coordinator at penn state. sandusky has been arrested for advances on eight boys from 1994 to 2009. investigators say he met all of them through second mile, a charitable organization he founded for at-risk children back in 1977. he is out of jail tonight on $100,000 bail. his lawyer says he maintains his innocence. also involved in 24 case, penn state's athletic director, timothy kerley and gary shultz. they are accused of perjury and failing to report the incident. and the head coach joe paterno is not accused of any wrongdoing. earlier tonight, he made a statement to the "patriot" news in pennsylvania. he said, if true, the nature and the amount of charges are shocking to me and all penn staters. while i did what i was supposed to do with the one charge brought the my attention, and like everybody else involved i cannot help but be deeply saddened that the matters are alleged to be occurred. i asked jon wertheim from "sports illustrated" about why this is so much bigger than other sports scandals and this is what he said. >> this is a level of just sort of disturbing, shocking scandal that i don't think that college sports has seen in a long time. so a, the nature of the allegations. and also, this is penn state football and one of the iconic college sports programs and they win a lot of games, but it is also a program predicated on the rectitude and integrity and joe -- and to have a scandal like this, joe paterno's name is figured into the complaint, and he is not charged, but a player in this and you put together, and this is really, i don't exaggerate, this is one of the great awful college sports scandals in the last few decades. >> why do you say that? >> well, again, given the nature of these allegations, and given the reports of a cover-up, and implicates joe paterno, and this is not a rogue booster giving a couple of hundred bucks to a football player, this is a completely different level of allegation. >> a preliminary hearing for sandusky is scheduled for wednesday, but his attorney says he expects it to be postponed. >> extremely controversial execution is expected to take place in texas on wednesday. hank skinner is on death row for the 1993 murder of his live-in girlfriend and two adult sons. he says he is innocent, and for the last ten years he has been seeking dna analysis of untested crime scene evidence. his attorney is appealing the case in federal and state courts. >> if you look at this case, it is just common sense that you want to do the dna testing. this is a case where there are serious reasons to question whether mr. skinner had the physical capacity to commit a triple murder. as your listeners may know, he had consumed tremendous quantities of alcohol and codeine on the night of the crime. a witness who saw him about 90 minutes before the murders took place said he was essentially comatose, and dead to the world. they could not rouse him from the sofa. so on top of that, mr. skinner had a hand injury at the time that would have made it impossible for him to inflict the strangulation injuries that twila busby suffered. >> 120,000 people have signed a petition calling for rick perry to put the execution on hold for the dna testing. the victim's family believes skinner is guilty, but want the testing done to end the legal challenges. now deciding the fate of conrad murray. >> a verdict could be reached at any moment. >> verdict watch. this is it. >> i think they are serious at what they are doing. >> they must be unanimous. all 12 people must agree on if verdict. >> they have to understand causation, and criminal negligence is conceded by the defense and the defense is causation, so they will focus on that. >> i think this was a jury that took a lot of notes and paid a lot of attention. >> it is too close to call. >> it is a ticking top that makes everybody nervous, and the longer it goes on the more nervous people get. >> in los angeles, jurors will begin a second day of deliberations in the trial of michael jackson's doctor. conrad murray is charged with involuntary manslaughter for an overdose of propofol. the jurors are on a tight clock, and a verdict could come at any time. for that, we go to cnn's ted rowlands. >> well, 7 1/2 hours, and no verdict on friday. they will turn around 8:30 monday morning and be back at it this jury of seven men and five women. at one point friday they asked for evidence which clearly means they are taking it seriously in going through some pieces of evidence. what is unclear is what is going on in that room. are they united? are they piecing through all of this evidence? or is there a divide starting? a disagreement as to what they ultimately will come up with in this verdict? the judge will not allow them to deliberate over the weekend or after court hours. so they will be back at 8:30 in the morning on monday. they can go for the whole day. they can shorten the lunch, and in fact, they did shorten the lunch friday, but they have to be done by 4:15 because of budget restraint problems here in los angeles county. so we will see what happens monday outside of the courthouse where people were out here all day and we expect they, too, will be back along with the jury on monday. don? >> cnn's ted rowlands in los angeles. thank you, ted. one person who was not called to testify in murray's trial is jackson's dermatologist. >> dr. klein recently spoke to jean casarez on trutv and what he had to say was shocking. >> do you believe he was addicted psychologically to prop -- to propofol? >> no, he was addicted to propofol, because he could not fall asleep with it. you have to read wikipedia about me, because i once chartered a plane to los angeles because i went to hear that a doctor was giving him propofol, and i knew he had a dependency about it, and the reason why i, myself, and my nurse slept on the floor to the room to prevent the plastic surgeon there to giving him propofol. i knew that the problem happened and i did my best to prevent it. i'm only one man. i did my best, but i'm only one man and i have to take care of my own life. i knew that the problem existed and we had long discussions about it. trust me on this. he did it in new york once, and he had a very big problem with it. i went there to save him, because a drug made him go running down the street. >> to see the entire interview tune into "in session" at 9:00 a.m. eastern. he is best known as the man who beat muhammad ali, and now smokin' joe frazier is battling the toughest opponent yet. he is battling cancer. and is history in the making with mississippi with trouble with race hours away from electing the first african-american governor. sh. as much as you like any way you like, all for $15.99. offer ends soon. my name is angela trapp, and i sea food differently. my name is angela trapp, [ male announcer ] executor of efficiency. you can spot an amateur from a mile away... while going shoeless and metal-free in seconds. and you...rent from national. because only national lets you choose any car in the aisle...and go. you can even take a full-size or above, and still pay the mid-size price. now this...will work. 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i traveled to hattiesburg to find out. ♪ if you thought that the johnny dupree for governor would be celebrating except for johnny dupree. >> i have all of the naysayers who say you can't do it because -- >> reporter: he is running for governor in a state stigmatized by racism because he didn't have enough money to spend as his white republican opponent lieutenant bill o'brien. >> you can fill in the blanks. >> reporter: but primary voters made history by making dupree the first african-american to become governor of mississippi. >> it is awesome, isn't it? isn't it awesome that we live in america that allows things like that to happen that have never happened before. isn't that awesome. >> reporter: but is it realistic in race where not much distinguishes one from another about how to fund universities and how voters can use the polls, and those ideas are not enough to motivate the voters according to retired political professor, joseph parker. >> most white voters vote for the white candidate and most black voters vote for the black candidate. >> reporter: parker says to win as governor, johnny dupree would have to get all of the black voters and one-third of the white. he did it in 2001 when he became the first black mayor of hattiesburg, but he can do it statewide? >> if he does, it is like moses rolling back the red sea. >> i am here to talk to you about the color, green. >> reporter: the only color he wants to address is money. something that his state the nation east poor -- the nationest poorest needs. that his opponent has a lot of outspending dupree 7 to 1, but he is confident. >> i have 100% chance of not winning if i was innocent the race. but i have a 50% chance of winning because i'm in the race. >> reporter: dupree has proven the polls and the pundits and the nay-sayers wrong before, but with this much at stake, can he do it again? election day is this coming day tuesday, november 8, and we will be watching. tune into cnn. programming note, next sunday soledad o'brien will look at how some black entrepreneurs are risking everything to become the next big thing. watch the new promised land, silicon valley, a cnn special next weekend at 8:00 eastern right here on cnn. the star of the hit show "super nanny" is fired up tonight. she is upset over this texas judge who was caught on tape beating his daughter with a leather belt. >> we are in the 21st century, don, and this is not the 16th century. we are fully aware of what the damages are and how it breaks down relationships. >> that is still ahead this hour, but first, this is normally a day for religious celebration in syria, but there was nothing happy about what happened there this weekend. state farm. this is jessica. 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? 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[ male announcer ] we are insurance. ♪ we are farmers ♪ bum, ba-da-bum, bum, bum, bum ♪ a viral video has set off a nationwide debate this week. when is a parent's discipline turn into child abuse? the footage that triggered it shows a texas court judge beating his 16-year-old daughter with a leather strap. warning that the video is graphic and disturbing. >> bend over the bed. bend over the bed. >> stop. stop. stop. >> bend over the bed. >> well, parenting experts are in an uproar, and among them the former star of the "super nanny" jo frost has dedicated her life to helping raise other people's kids and she says that the judge's methods in the video constitute child abuse. >> let's not justify this behavior. there are alternatives of disciplining a child that allows you to have a healthy relationship with your children, trust, for you to be able to build your family dynamic in a way that is healthy and functional. and this is not functional. this is people calling in and going on twitter and actually justifying what we know is abuse. we are living in the 21st century, don, and this not the 16th century. >> is there any instance, any instance where corporal punishment is acceptable? >> i don't think so at all. i have clearly shown certainly in america for the last eight years where families who have been raised to think that corporal punishment is fine and asked me to come into the homes and recognized that parents have a choice in choosing alternative discipline that allows them to grow with their family, and to bond, and it is not acceptable by any means at all. >> okay. people know you as the problem-solver who has entered the homes of hundreds of families and turned it around and possibly thousands of families. if you were in this home, what would you have done? >> i think that the most important thing to do here is to understand that families need to be very clear in their communication with their rules and their expectations, and to understand that when we are dealing with 16-year-olds, it is about meeting those expectations, and understanding that we can take away their privileges when they have broken the rules. >> when you see the full seven minutes of the video the father is stern and scary to a lot of people, and he is cursing and he puts his teenage daughter down. as he puts her down, look at the the clip and how he views what he did seven years ago when the footage was shot. >> in my mind, i haven't done anything wrong other than discipline my child when she was stealing. i did lose my temper, but i have since apologized. >> so he doesn't have really have remorse, he has apologized. so how do children respond to this type of parenting and he downplays it? >> well, don, he did not apologize. he didn't apologize. he justified what he did. that is what he did. he knows that now that there are certainly other ways in how he could have done things better, and that is the point here, that america needs to recognize that. as the spokesperson of the american society of prevention of cruelty to children where we know that addiction and vie lips -- violence and aggression and bullying comes from families who do not break this mold, this is what we are going to see. it is not about laying down rules and expectations, but it is about how you nurture a relationship and build trust with your children and about validating their opinions. >> well, jo frost is the spokesperson for the american society of the prevention of cruelty to children which reports last year more than 1,700 kids died from abuse. just friday police in indiana arrested this father on murder charges. investigators say that terry sturgess bound his 10-year-old son with duct tape and beat him to death. gop presidential campaign herman cain going head to head with the media. cain and some conservatives have called this a high-tech lynching. we address this next in the "no talking points" segment. you don't want to miss it. ♪ ♪ ♪ [ male announcer ] the peace of mind of owning a 2011 iihs top safety pick. the all-new volkswagen passat. here's one story. 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[ male announcer ] take action. take advil®. it is time right now for "no talking points." tonight, who else? herman cain. >> i am not even -- i was not even aware of it. >> i am unaware of any sort of settlement. >> i was aware that an agreement was reached. and yes, there was some sort of settlement or termination. >> all right. there is no question that herman cain's talking points over past sexual harassment claims about him were haphazard or scattered to say the least. >> okay, don't even bother. >> are you concerned about the fact that the women are concerned about coming forward -- >> what did i say? >> excuse me. excuse me. >> what part of no don't these people understand? >> the question is, what part of running for leader of the free world does herman cain not understand. you are going to be asked questions, a lot of them on just about everything that you have ever said or done, especially sexual misconduct allegations. just ask clinton, vitter, weiner, foley or craig, and shall i go on, hart, lee or edwards? you get what i'm saying. and yet, cain keeps trying to block the reporters. >> don't even go there. >> well, can i ask my question? >> no. >> may i ask a good question. >> where's my chief of staff? >> right here. >> please send him the journalistic code of ethics. >> the journalistic code of ethics, i have a copy right here from the society of professional journalists and maybe mr. cain missed this part and i will quote. journalists should be free of obligation to any interest other than the public's right to know. and mr. cain is innocent until proven guilty, of course, but at this point, herman cain is still fairly new to the national platform and mostly unvetted political figure and still too many questions of exactly what happened with him and these women and the circumstances surrounding the allegations. and can you even imagine clinton, edwards, weiner, saying, they were being targeted because they were white liberals? even democrats went after them or imagine if some of the same reporters stopped asking the questions of vitter, craig, foley or any of the other guys i mentioned, the american people may never have learned the truth. and as the journalistic code of ethics it points out that the public has the right the know, especially if you want to be their president. that is tonight's no talking points. a rocky night for people living in central oklahoma. an earthquake strikes in the place that is not used to having them, and it leaves quite a bit of damage. and plus, a texas man is three days away from being put to death. thousands are calling for his life to be spared, but it is up to one person to make that decision, and a man who happens to be running for president. shrimp today at red lobster.s as much as you like any way you like, all for $15.99. offer ends soon. my name is angela trapp, and i sea food differently. my name is angela trapp, fore! no matter what small business you are in, managing expenses seems to... get in the way. not anymore. ink, the small business card from chase introduces jot an on-the-go expense app made exclusively for ink customers. custom categorize your expenses anywhere. save time and get back to what you love. the latest innovation. only for ink customers. learn more at chase.com/ink checking the headlines now. supporters of a texas death row inmate are calling on governor rick perry to delay the execution for dna testing. hank skinner is scheduled to be put to death wednesday for the 1993 murder of his live-in girlfriend and two adult sons. for ten years skinner has been asking the court to allow dna analysis on untested crime scene evidence that he says will prove his innocence. a tragic fire at a home for disabled adults in marina, california. the flames were going through the facility and five people died and three declared dead at the scene, and a fifth body was discovered sunday among the charred ruins. oklahoma has been shaking all day long after experiencing the strongest earthquake ever measured in the state. since the quake erupted on sunday, more than a dozen aftershocks rocked people there. it was near the central town of sparks. this was the second quake in less than 24 hours. the first had a magnitude of 4.7. jacqui jeras is here to tell us about that and tomorrow's commute tonight. hello, jacqui. >> hey, there. >> a lot is shaking. >> yes, i know. unfortunately, a rough weekend for folks in oklahoma and a rough start to the work week as well. we have got a real powerful storm system starting in the pacific northwest this weekend and now it is going to be making its way into the plains states. as it heads eastward, it is going to start to pick up warmth and moisture from the gulf of mexico, and that is going to interact with drier and cooler air back behind it. we could see a significant outbreak of severe thunderstorms by tomorrow afternoon. storms have started to develop here this evening, and we are expecting that to continue into tomorrow morning, but late tomorrow afternoon and into the evening hours is when we expect the worst of the weather to occur. so we are talking about places like dallas/ft. worth, and also purging into kansas, that's for your monday. then tuesday we'll watch that move into the mississippi river valley, and yes, that is snow on the back side of it. so as you go the bed and get ready for the morning commute, this is what it looks like tonight. city number five, looking for some slick roadways and delays because of the snow showers out there. city four, we are looking for showers and thunderstorms in the afternoon for you in st. louis. kansas city, pretty much the same story for you, showers and thunderstorms, but they will start earlier in the day than they will in st. louis. number two, dallas, strong thunderstorms and some of those could be severe, and city one, yes, cleanup from the earthquake, but the severe weather will be the bigger story for many more people, and watch out for that and some gusty winds expected. i'm filling in for the chad myers tomorrow, and i will fill you in on the storms and keep you up to date. >> i'll see you because i'll be filling in for suzanne malveaux. a little sleep for us, huh? >> yes, it is all right. >> thank you, jacqui. >> sure. and now the big stories in the week ahead from washington to wall street. our correspondents tell you what you need to know. we begin with what is ahead at the white house. >> i'm dan lothian and back from the overseas trip from g-20 president obama will hit the road again this week. he will tour a head start school in the battleground state of pennsylvania. later in the week, he heads to san diego to attend the ncaa carrier classic basketball game between michigan and the university of north carolina. from there he goes to hawaii to attend the apec forum where trade and the economy will top the agenda. >> i'm barbara starr at the pentagon and of course, veterans day is coming up and it is the last veterans day to see u.s. troops at war in iraq. most of them are expected to be out of that country by the middle of next month. but for u.s. veterans, it is a tough road home with unemployment for u.s. veterans at double digits and in congress, still a struggle from democrats and republicans to pass a long-awaited jobs bill to help american veterans. i'm paul steinhauser at the cnn political desk. mitt romney returns to iowa tomorrow. mitt romney has not spent a lot of time stumping in the state that kicks off the primary caucus calendar, but he is tied at the top of the polls with businessman herman cain. wednesday, the major candidates will team up for a political debate. it will focus on the economy. and i'm poppy harlow, we will get earnings from gm, disney and cisco, and we will also get retail numbers nordstrom's and macy's and kohl's and on friday, a look at the consumer sentiment heading into the all-important shopping holiday which is of course when the retailers want consumers to be confident in the economy and spend money. friday is veterans day, but the stock market will be open, and we will track it for you all week on cnn money. >> i'm a.j. hammer. here's what we're watching this week. it is verdict watch for the michael jackson's death trial. we will be there when the jury announces conrad murray's fate. and we will have wall to wall coverage of lindsay lohan's surrender to the l.a. county officials. be sure to catch us. we are one year away from the presidential election. what can you expect to the candidates between now and then? well, you may have to look to the past numbers. a mixed numbers on unemployment. student loan debts keep climbing and starbucks tries to boost small businesses. alison kosik has more on this weak's getting down to business. the october jobs report shows the economy is not headed back into the recession. the unemployment rate fell from 9.1% to 9.0% as the economy added a modest number of new jobs last month, 80,000. the labor department report also revised up the number of jobs created in september to 158,000. almost 14 million americans are still out of work. and recent college grads have rung up more in student loan debt than ever before. two-thirds of college seniors graduated with loans of more than $25,000 last year up 5%. these 20-somethings are facing the highest unemployment rate in recent history. >> a coffee company is trying to brew up some jobs. starbucks is asking customers to make a donation of at least $5 for small business investment. according to the industry experts a new job could be created or saved for every $3,000 donated. that is this week's getting down to business. alison kosik, cnn, new york. hey, did you ever finish last month's invoices? sadly, no. oh. but i did pick up your dry cleaning and had your shoes shined. well, i made you a reservation at the sushi place around the corner. well, in that case, i better get back to these invoices... which i'll do right after making your favorite pancakes. you know what? i'm going to tidy up your side of the office. i can't hear you because i'm also making you a smoothie. [ male announcer ] marriott hotels & resorts knows it's better for xerox to automate their global invoice process so they can focus on serving their customers. with xerox, you're ready for real business. two of the most important are energy security and economic growth. north america actually has one of the largest oil reserves in the world. a large part of that is oil sands. this resource has the ability to create hundreds of thousands of jobs. at our kearl project in canada, we'll be able to produce these oil sands with the same emissions as many other oils and that's a huge breakthrough. that's good for our country's energy security and our economy. you pay urillsyou try to ve and manage debt but... that's good for our country's energy security now, let's say you satn egions banker to review your savings and debt and rebalance your balance sheet. you'll feel more confident - and more balanced. nice! [ cow moos ]ng ] agents, name these critters. these are the sweet little animals that run into the road and cause car crashes. deer alone cause billions in damage. so, what do we do? we talk to our customers, make sure they understand their options in case these guys ever cross their path. [ slapping noise ] - boat insurance? - second door, down on your left. thanks, man. [ elk snorts ] [ announcer ] we are insurance. [ chorus ] ♪ we are farmers bum-ba-dum, ba-bum-bum-bum ♪ one year from right now, we will be close to learning who will be the nation's president for the next four years. a re-elected barack obama or a republican yet to be decided. and if the past few months are any indication, the republican primaries will be wide open and full of political drama. cnn's chief political correspondent candy crowley has a preview. >> i believe in america. and i'm running for president. >> reporter: even before his june announcement mitt romney had a moniker, weak front-runner and he still is. technically speaking, in the polls romney is never first and often second to different people with one thing in common, no staying power. >> you have just sent a message that barack obama will be a one-term president. >> reporter: congresswoman michele bachmann was a summer rage, but when she won the iowa straw poll in august, she she ban to lose the foothold. >> sometimes it takes me a while to get into something, like this presidential race, but let me tell you, when i'm in, i'm in all of the way. >> reporter: and rick perry is what many think that romney is not a fiscal and social conservative. perry was an overnight sensation and front-runner, but let's just say that debates are not his forte. >> it is before he was for the social programs from the standpoint that he was for standing up for "roe versus wade" or against "roe versus wade"? >> reporter: he has dropped like stone giving way to the not mitt romney. >> bottom line, folks, 9-9-9 means jobs, jobs, jobs. >> reporter: conservative, likable, breezy and easy to like caught fire with the 9-9-9 tax plan and then -- >> are you concerned that the women might come forward and are you concerned about -- >> excuse me. >> are you dodging the question? >> excuse me! >> reporter: it is yet to be shown if cain will suffer the downward spiral like bachmann and perry before him. >> he was flavor of the month, and the month is up. >> reporter: and even when the closest competitor is imploding romney does not rocket back to first, he drifts up and never much higher than a quarter of the republican vote, and there is talk of a romney ceiling. at this point in the 2008 presidential race rudy giuliani was leading the field. it is why there are eight people running for the gop nomination and all holding on for a run at romney with the staying power. >> it is a field of dreams campaign, if you build it, they will come. >> and rick santorum is greeting iowans in all counties. and ron paul has the most passionate base and the money to go the distance. and former speaker newt gingrich gaining enough steam recently to put him in double digits and single-digit jon huntsman betting it all in new hampshire. >> this is the state where conventional wisdom is upended. >> reporter: amidst all of the above, the weak front-runner has played it like a mortal lock. >> the greatest threat to my success would be president obama, and i'm planning on beating him soon. >> reporter: looking beyond the republican primary, he is cool and largely above the fray and polished debates and limited exposure to the media. careful, careful, careful, he waits patiently for republicans to gather round. candy crowley, cnn, washington. not much good news that comes out of the weak economy, but we found some, and you will see it the next time you fill up at the gas pump. your top stories are next. the big banks are backing off and calling off plans to charge customers a fee for using the debit cards. cnn's christine romans talk about it. pete dominic of xm sirius radio and wolf cain. >> so much for the bank of america $5 a month fee, because they released a statement this week, we have listened to the customers closely over the past few weeks and recognize their concern with our proposed debit usage and with that the fee went away. is this an example that the customer wins? that a company, a corporation is caving to public pressure? it wasn't good business to make everybody so mad? >> wait, is this an example of the free market at work? >> yes, yes, both. both. yes. the people -- we are screaming. we are protesting. they -- >> they were walking. the people were walking. and hundreds of thousands of people have gone and joined credit unions. >> this is the weekend the "move your money" weekend and i'm loving it. >> you tweeted it. >> yes, i love the campaign, but bank of america, this is one of the problems of the $5 fee and they have foreclosed on military families and paid huge fines and they have done lots of illegal things. there are tons of reasons to not be a bank of america customer. >> the theme is that we have to do something about this, and can you believe they are putting these fees on to the consumers? well, you know, the free market just solved it, don't lament the need for government intervention, because the free market solved your problem. >> there you go, you agree that it is a good thing that bank of america was dropping the fee. i don't know that anybody was saying a good thing, because people were outraged and they were going to lose customers no question. >> well, there is a lot more to this and will made the point last week about dick durbin and dodd frank and why they had to do this, but the truth is a last week that i said and i stand by it, do you side with the retailers or the banks? i side with mike's hardware over bank of america. i want the retailer to get more money on the transaction than the bank. >> i want the one on the voluntary interaction and not the one where the government forces an agreement. today, investors want retirement planning on their terms. i want to work with people who are objective. how about a plan with my name on it? can we start with realistic goals, please? show me how to keep more retirement money in my pocket. now and down the road. those are my terms. then this is your place. td ameritrade, where millions of investors plan for retirement on their terms. [ male announcer ] trade commission-free for 60 days. plus get up to $600 when you open an account. i want to check the headlines. former heavyweight boxing champion joe frazier has liver cancer. his manager says the 67-year-old is currently in hospice care in philadelphia. he was diagnosed last month. fight fans remember that frazier was the first man to beat muhammad ali in 1971, but he lost two later bouts with ali. the nba has given the players association until wednesday to accept the new collective bargaining agreement. both sides met for eight hours saturday, the first meeting in eight days after talks broke off last month. the latest proposal would give the players between 49% and 51% of the revenues, but commissioner david stern says that by wednesday that percentage will drop to 47%. the president of the players association says that the proposal is unacceptable. good news at the gas pump to tell you about. there is a four cents per gallon drop in gas prices over the last week which is according to the latest lundberg survey. it is the first drop since early october with the average price falling to just under $3.43 per gallon. and today's ing new york city marathon was one for the record books. the kenyan jeffrey mutai set a new course record shaving nearly three minutes from the previous record set in 2001.

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