Transcripts For KPIX The Early Show 20100928

exclusive interview early this morning, tuesday, september 28th, 2010. captioning funded by cbs much of the country waking up to extreme weather, including us here in new york city. good morning, everyone. i'm maggie rodriguez. >> we got soaked around here yesterday. good morning, everybody. i'm harry smith. of course, in the midwest, there's still a lot of cleanup and a lot of water piled up all over the place there. and the big story then turns out to be in southern california. in california, a record-breaking heat wave making l.a. feel more like death valley. downtown los angeles yesterday, they armometers topped out at 1 degrees, all-time high. the l.a. department of water and power says it recorded its highest ever demand for ele electrici electricity. hattie kaufman reports. >> reporter: talk about scorching. los angeles topped out at 113 degrees, the hottest day in l.a. history. it edged out the previous record set in 1990 by one degree. >> i'm going to melt. >> quite frankly, you can feel your skin searing in the heat of it. >> reporter: a high pressure system trapped the heat which is not good news for firefighters battling several brush fires. >> the wind, the heat and the humidity will carry fire brands to receptive fuel beds and it will produce wildfire and asking people to be prepared. >> reporter: the heat spread across california where triple digits were recorded throughout the state. >> like walking into an oven. >> reporter: beaches offered some relief. >> we thought that it would be a good time to get away with family, go to the beach. >> reporter: today is supposed to be a bit cooler in the west. cbs news, los angeles. we want to go to dave price right now for a look at whether the heat wave will continue. >> well, you know what? here's what we're expecting, harry. the heat begins to expand, in fact, up to places like redding, california, northern, california. pushing in eastward. vegas, reno, sections of arizona, there you may still see record-setting heating but seeing alleviation of the extreme heat in los angeles. the sensor at downtown l.a. broke yesterday after hitting 113. so we'll begin to see this widen out as the air begins to move but yesterday it was all locked over southern california. we'll talk about the rest of the extreme weather in a couple of minutes. maggie, over to you. >> see you then. thank you. 7:03, moving to politics. as president obama hit it is campaign trail again today, another top adviser is expected to step down. this time, it's his right-hand man. cbs news senior white house correspondent bill plante has the details. bill, good morning. >> reporter: good morning to you, maggie. the president heads to madison, wisconsin, today for a big rally aimed to get younger voters to the polls and it looks as though one of the top lieutenants rahm emanuel may be out the door very soon. cbs news has learned that white house chief of staff rahm emanuel may leave the white house as soon as friday. emanuel long contemplating a run for mayor of chicago and a source says he is close to a decision. >> hello, milwaukee! >> reporter: the president will travel to the midwest today to campaign for democratic senator russ fieingold who's trailing i the polls but nowhere in sight. the president's approval rating part of the reason, well below 50%. >> the president is just a polarizing figure. on a broader level, you know, this is not a year to be identified with the political establishment. no matter which party you're in. >> reporter: so bad that many democrats like two-term house member jasonalitymeyer never mentioned the party but the independence. >> i like jason. he is not afraid to stand up to the president. >> reporter: even if they don't want to be seen with the president, they want the money he is raising, over $65 million so far this year. but the money won't help if democrats don't bother to vote so the focus of the president's campaigning is to try to recreate the rock star image which drove the so-called surge voters to the polls. estimated 15 million who voted because he was the candidate, a point the president drove home with college journalists. >> you can't sit it out. you can't just suddenly check in once every ten years or so on an exciting presidential election and then not pay attention during big midterm elections. >> reporter: that's the strategy and the reason for big rallies like today in madison on college campuses, getting the democrats to vote. not so much about the candidates. it is about the voters. maggie? >> bill plante in washington, bill, thank you. also in washington this morning, tim cain, chairman of the democratic national committee and former governor of virginia. good morning. >> good morning. >> the timing of this expected e nan yule announcement less than ideal. a few weeks ago we heard the president say he expected emanuel to stick it out until after the election. what expectation is this sending if another key member bails now? >> i think folks understand. i'm going to let rahm emanuel make the decision and announcement when he wants to but if he makes a decision to run for the mayorship of chicago, i think people will understand it's a very important position and it's one that he's certainly thought about for a listening time and given the timing of that spot being up, candidate who is want to run for mayor have to declare fairly soon. i don't expect that has an impact on the november elections. >> the president's back at the university of wisconsin tonight. hoping to rally the voters. you yourself have admitted this is a huge experiment. last time he was there in the presidential campaign, he drew 17,000 people. what if tonight, governor, the rally's a dud and this backfires? >> well, i don't think that's going to happen. i think the rally's going to be great. you know, we all -- >> what if it doesn't? >> well, it is going to be fine. we all confront the fact that midterm election is not the same as a presidential election so -- but every sign i was getting from folks on the ground in madison yesterday is that the rally is great, outdoors in a beautiful setting and going to be his effort to, again, start to really clearly define the choice for voter this is november and talk specifically to college students about the fact that the administration has really paid attention to their issues. student loans, health care for young people, credit card reform. students turned out in record numbers and we haven't forgotten about the issues. we have addressed them. >> the democratic candidate in the state is not at the president's side. do you think that the president has become a liability rather than an asset for these candidates? and if not, how do you explain the fact that russ feingold is not bothering to show up? >> i think that is the case that he will not be there and other statewide kacandidates, gubernatorial candidate and others will be there. the key for us in the midterms is having democrats turn out to the polls. we have strong registration advantages and many states including wisconsin. and there is nobody who can better energize democratic voters than president obama so that's the purpose of this rally and others to come in the next few weeks. >> right now, though, at least according to the chairman, independent voters breaking 2 to 1 in favor of the republicans. do you think the president can turn that around given the low approval rating right now is. >> you have to address the issues of republicans care about. for example, the deficit is one and the white house has got a nonpartisan deficit commission going with republicans proposing strategies like the tax cut strategy that would double the deficit. the real issue for us, though, in the rallies is about democratic voters. we know that wisconsin and other states have strong registration of democratic voters and we need to make them aware of the importance of these elections. >> all right, governor, thank you so much. >> okay, maggie. erica hill with the headlines. >> good morning to you. afghan president karzai breaking down during an emotional speech this morning. he was at ceremonies for literacy day in kabul and became tearful talking about how bombings and violence preventing children from going to school and how he fears the young people will abandon afghanistan. >> translator: karzai also said he fears his own son 3 years old could be forced to leave the country. an american soldier's being held in the deaths of two fellow americans in iraq. the defense department says an argument broke out between four soldiers on thursday. specialist platarro allegedly took the weapon and began shooting. a specialist and private first class were killed. a fourth soldier was wounded. in north korea, apparent plans for transfer power from father to son. this morning, leader kim jong-il made his son a four-star general and believed to be the first step in kim's succession plans. the elder kim became leader in 1994 after his own father died. this morning, the 68-year-old was also reappointed head of the worker's party. and rescue efforts resume this morning for victims in colombia. they were buried in a giant mud slide on monday. as many as 30 people on a bus believed to be trapped and unusually rainy wet season sent the mountainside sliding. several homes were also destroyed. now to the rather bizarre death of the british man that owns the segue company. an accident an apparently with a scooter-like device. mark phillips has the full story from london. >> reporter: the seg day always seemed to defie the laws of nature. a two-wheeled one-person vehicle steered by leaning and kept upright by a series of gyroscopes except for some ooft time. crashes are regular internet entertainment and a new study of george washington university in washington has found a quarter of the people who fall off the thing sustain serious head injuries. however tricky to ride on laid, it doesn't designed to float. the british man that liked it so much bought the company found along with his machine in this river near his home in northern england. it had apparently skidded down this steep bank. police say the death is not suspicious. 62-year-old jimmy who took over the u.s.-based segue ten months was a rags to riches story. he was a high school dropout laid off coal miner who made a fortune designing and building the portable blast barriers filled with rocks and dirt and used by u.s. and other forces in war zones and a lot of the money he made he poured back into the working class neighborhood in which he grew up. >> it would just a down to earth guy. money meant nothing to jimmy. >> i don't think anybody on this say a bad word of jimmy. >> reporter: but a lot of people are asking whether the machine that was supposed to rev nugsize personal transport is as safe as advertised. mark phillips, cbs news, london. there is some good news for job hunters this morning. toys r us announcing it will hire about 45,000 workers for the holidays. now that's an increase over past seasons. it's also to help staff some of the 600 additional pop-up store. the irs won't be mailing out tax forms and save about $10 million. more than 96 million people file electronically last year. the forms are available online and irs offices. pomegranate juice may not be the answer to better health. there's complains filed saying there is no science to support the company's claims that the products help prevent certain diseases like prostate cancer and heart disease. the company disagrees with the ftc. ben & jerry's dropping the phrase "all natural" from the labels following a request of health advocacy >> that's a quick look at your weather picture and watching weather which may affect florida. maybe a tropical storm nicoany bit. harry? now to the merger of two airlines, southwest is going to buy air tran for $1.4 billion. the combined carrier serving more than 100 million customers a year and what is that going to mean for you? cbs news business and economics correspondent rebecca jarvis joins us now. good morning. >> good morning. >> southwest with great commercials and mourn the bags of other airlines charged for. air tran charges for bags. southwest does not. what's going to happen when they merge? >> new policy, no baggage fees at the new company. so once these two companies get together and everything is copacetic and make it, the deal goes through, by 2012, not seeing the $20, $25 baggage fees as an air tran passenger. the new company will be southwest. >> there you go. so nice. on the other hand, this is really interesting. them blem attic of a huge trend in the business world and not expanding but buying other businesses. >> such a good point and seeing right now is that companies in corporate america with $1.8 trillion to spend, spending it on purchases like these, southwest buying air tran. >> all right. let's talk about routes a little bit. what's going to happen as the two -- these are pretty considerable sized carriers. not the biggest but serve a lot of customers. when's going to happen with routes? >> when the two companies come together, fourth largest airline in the country. they will be the biggest provider out of atlanta which is the world's largest airport and southwest says they can save consumers about $200 million a year in tickets just out of atlanta. so you see the prices in atlanta likely going down on ticket prices. where you might see prices going up is orlando and baltimore with overlap of the two companies. less competition usually means higher prices for tickets. >> so overall, from a consumer standpoint, what should be the feeling throughout? >> i think ultimately the feeling should be that this is the direction things are moving in but we also know that prices on tickets for airlines just tend to be moving up and last year they were up $45 a ticket. >> all right. rebecca jarvis, as always, thank you so much. here's maggie. >> thank you. a couple's bitter fight to keep the 3-year-old boy they thought they adopted. we'll speak with them. possible new developments this morning in the jonbenet ramsey case. could police be closer to solving the case? the latest on lindsay lohan. why she might be headed back to rehab voluntarily this time. by adding a fyellow...or -- yellow. banana. ...to the standard rgb color system, quattron produces more colors... banana! ...and makes images brighter. banana! banana! when seen in 3d -- whoa! whoa! aah! quattron makes tv so realistic... whoa! ...you won't believe your eyes. 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[ female announcer ] do you know scott? scott naturals and free smart flush are green done right. and i wondered what it was. i found out that connected to our muscles are nerves that send messages through the body. my doctor diagnosed it as fibromyalgia, thought to be the result of overactive nerves that cause chronic, widespread pain. lyrica is believed to calm these nerves. i learned lyrica can provide significant relief from fibromyalgia pain. and less pain means i can do more with the ones i love. [ female announcer ] lyrica is not for everyone. lyrica may cause serious allergic reactions or suicidal thoughts or actions. tell your doctor right away if you have these, new or worsening depression, or unusual changes in mood or behavior or any swelling or affected breathing, or skin, or changes in eyesight, including blurry vision or muscle pain with fever or tired feeling. common side effects are dizziness, sleepiness, weight gain and swelling of hands, legs and feet. don't drink alcohol while taking lyrica. don't drive or use machinery until you know how lyrica affects you. i found answers about fibromyalgia. then i found lyrica. ask your doctor about lyrica today. then i found lyrica. stories like this come up from time to time. you hear about an adoption that sort of goes awry. a couple in downstate indiana adopt this beautiful little boy. he's 3 years old. not long after the adoption took place the biological father petitioned and said, i want my son. they've been fighting this basically on and off for three years now. a big court decision that will likely be handed down today. and what will happen with this little child is at stake and we're going to talk to the parents in just a bit. >> also ahead, there seems to be movement in the jonbenet ramsey case. reports are police in boulder have reinterviewed her brother. we'll talk about that ahead here on "the early show." >> this portion of "the early show" sponsored by mercedes-benz. experience truly great engineering today at your authorized dealer. or 60 to 0? 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[ animals calling ]the lens you can survive a long day in. ♪ [ pop ] [ man ] ♪ well, we get along ♪ yeah, we really do - ♪ and there's nothing wrong - [ bird squawks ] ♪ with what i feel for you ♪ i could hang around till the leaves are brown and the summer's gone ♪ [ announcer ] when you're not worried about potential dangers, the world can be a far less threatening place. take the scary out of life with travelers insurance... and see the world in a different light. juliette goodrich. a six year old is it's 7:25. time for news headlines from cbs 5. i'm juliette goodrich. a 6-year-old is being treated for gunshot wounds after an attack on her home early this morning. police say more than one person opened fire on a house on seminary avenue. she was struck while sleeping in he bedroom. her injuries are not life- threatening. governor schwarzenegger has delayed the execution of a killer. albert brown is scheduled for lethal injection thursday night at 9:00. he murdered and raped and 15- year-old riverside girl in 1980. meg whitman and jerry brown will debate this evening. the first debated between them. the event will be held at uc- davis. traffic and weather right after this. a [ ruiz ] reliable tools started as a brick and mortar store. i had an idea to go ahead and put up a couple of items on ebay, and they brought more than our expectations. meg whitman gave me the tools to expand globally. we sell to australia, india... that big blue machine over there? it's going to malaysia on wednesday. with ebay, she created jobs for millions of people. with meg's creativity, she'll be able to create jobs here in california. i'm mariano ruiz and i'm a meg whitman success story. good morning. it's been a slow ride due to a couple of accidents in the north bay. the latest one is rohnert park expressway. we have an accident there blocking lanes. you can see all that slow traffic in your southbound 101 drive. bay bridge toll plaza it is backed up to the maze. actually learning about a stall on the upper deck so that's not going to help matters. a lot of sunshine out there already this morning. as i said, it's about a 20- minute wait or so once you get on the bridge and very bright, gosh, really need your shades this morning. this is supposed to be 280 out of downtown san jose which is pretty jammed towards cupertino. tracy has a check of your forecast. >> are you hinting at the fact that you may need to wear shades to do traffic? >> it's very bright out there. >> yeah, it is pretty bright. not many clouds to speak of around the bay and inland because we do expect plenty of sunshine and another day of record high temperatures. here's a look. seven-day forecast, today up to 104. well out in the east bay. lower 90s around the bay. mid-70s for the coastline. not as hot tomorrow. is it cooler for the bay area. by the weekend temperatures will have dropped more than 20 degrees. our state has a huge deficit. meg whitman's plan will make it billions worse by eliminating the capital gains tax for wealthy investors, including herself. economists say her plan will "rip a hole in the budget" and is "deeply flawed". analysts for the l.a. times say whitman's plan is a "pure handout" to the rich creating a "huge risk" to schools and public safety. jerry brown's against this unfair giveaway because it will take billions from our children when we can least afford it. get california working again-for all of us. nice crowd outside. on a soggy tuesday here in new york city. welcome back to "the early show," everybody. coming up, rumors are flying once again about lindsay lohan. this time she may voluntarily go back into rehab. but she is doing it -- or is she doing it, is the question, for the right reasons. or is she just trying to influence the judge who could send her back to jail? we'll have the latest on the troubled star. >> we'll also bring you up to date on a possible new development in the search of the killer of jonbenet ramsey in colorado. she was killed almost 14 years ago, and now we're getting reports that police in boulder are trying to speak with her brother, who was just 9 years old at the time of the murder. he's 23 now, and we're going to bring you the latest on this potential new development. >> but first, a family from indiana is in the middle of an emotional and contentious battle, fighting to try to keep the little boy they thought they had adopted. we're going to speak to them in just a moment. but first, cbs news national correspondent jeff glor has their story. jeff, good morning. >> harry, good morning. when jason and christy vaughn brought home a baby boy from ohio they thought their family was complete. but later today they could be told to return the boy they've raised and called their son. almost three years ago, jason and christy vaughn thought a dream was realized when they became the happy adopted parents of a little boy they named grayson. an ohio woman had given birth to him but christy was the first to hold him. >> it was just her and i, the birth mom. it was just amazing. >> reporter: just weeks after the vaughn's brought their baby home to join their family, they were stunned by this news, grayson's estranged biological father petitioned ohio courts for custody of his son. >> so i never thought we would come to this. i never in my mind ever imagined that we would be here. >> reporter: the vaughns were ordered by a judge to return grayson to his biological father, but they maintained custody after filing an appeal. in what's become a fierce three-year legal battle. >> the chief problem here, and in a lot of adoption cases is that the courts just take too long to get to a final resolution. a child is not a christmas present that can be regifted if the recipient isn't happy. it's been three years. the child's obviously bonded with this family. and to take him away now would be devastating for everybody involved. >> reporter: jason and christy will appear in court later today, where they fear they'll have to surrender grayson, leaving them to contemplate how they'll tell their younger daughter and older son grayson is going away. >> how do you answer the question, is he going to go to our school? is he going to ride my bus? >> the attorney for the biological father has said courts have ruled in his client's favor, and he says, the case should not be tried in the media. harry? >> jeff, thanks very much. joining us now exklusively from louisville, kentucky, are christy and jason vaughn. thank you for taking the time to speak with us today. this -- when you barely have this child home, when the court is petitioned from the biological father to get little grayson back. was there a part of you, at the time, that thought, well, you know, maybe this is not to be, and we'll just let this child go? go back to his biological -- or go to his biological father? >> when we got the news, the first thing we did, is we prayed about it. and we talked to our lawyers and we talked to the birth mother, and the birth mother said, it's my right to put the child up for adoption. this is what i want. i want him to be with you. and so we reached out to the birth father, tried to have a conversation with him. and he wouldn't talk to us. and so from that point forward we, you know, we looked at the laws on the books and the laws say if a birth father has abandoned the birth mother during her pregnancy, then his consent is not required. and so that's what we've been standing on from the beginning. >> and why has the ohio court then not upheld what you just say is the law? >> i think that's the million dollar question. and harry, it's not just me. the chief justice in the dissent of the ohio supreme court said that there's nothing in the adoption statutes that allow for a birth father to attack the adoption statute simply by stressing paternity. what's supposed to happen is a birth father is supposed to support a baby during a pregnancy and there's supposed to be a hearing immediately after to determine whether or not he did support the birth mother during the pregnancy. that trial never happened. the trial was stayed and the adoption was dismissed without a hearing. the statutes weren't followed and the lady that just spoke on your program is exactly right. the statistic outs are designed so that these problems don't drag out for three years. the statutes are designed so there's a hearing early on and that establishes whether the father has rights to object. in this case the justices simply ignored the law. >> kissty, what has this been like for your family? >> it's just -- i can't even really put it into words. i mean, we so scared we're going to lose our baby. you know, i've got two other children. i've got to explain this to. how are they going to be okay with losing their brother? i just want to ask if there's a congressman, a judge, a senator, the ohio governor, the indiana governor, please get involved. please. i am begging you. this is our family. >> jason, last september the indiana court basically decided in your favor. what did they decide, exactly? >> well, the indiana court took a look at what was going on in the ohio juvenile court. see, the ohio juvenile court had ordered a visitation, unsupervised visitation with the birth father, but they had not done a home study, they had not done a background chick, they had not done the changes -- >> risk assessment. >> they had not done psychological evaluations. they had not done all these things. and so when we, you know, when we went to the indiana supreme court, to the indiana court we said, hey, look, this is going to hurt grayson. grayson is going to be harmed in this process. and the indiana court agreed with us. a child psychologist wrote a note that said grayson would be irrepresent rabebly harmed if he's ripped from our family. an indiana judge agreed we were giving temporary custody. >> what are your attorneys telling you to expect when you go to court today? >> so, today, what is happening is the birth father has asked for enforcement for that -- from that juvenile court order and so the juvenile court order that grayson be returned without a transition plan. so they've ordered that he be returned today. now today his birth father has asked for the indiana court to enforce that. so today when we go, the indiana court's going up next, might there be a break in the 14-year-old jonbenet ramsey murder case? we'll tell you when we return. this is "the early show" on cbs. l to follow my passion for food. i saw a gap in the market for a fresh culinary brand and launched behindtheburner.com. we create and broadcast content and then distribute it across tv, the web, and via mobile. i even use the web to get paid. with acceptpay from american express open, we now invoice advertisers and receive payments digitally. and i get paid on average three weeks faster. booming is never looking for a check in the mail. because it's already in my email. equals chili's $20 dinner for two. share one of five appetizers, like our famous texas cheese fries. then choose two freshly prepared entrees from 14 chili's favorites, like our chicken crispers with new sweet & smoky sauce, our new slow-smoked honey chipotle baby back ribs, or grilled all-white meat chicken fajitas served over a bed of sizzling peppers and onions. grab a friend and get one appetizer plus two entrees with chili's $20 dinner for two. let's see how low we can go. let's do some little things... that help us save big. add some insulation here. a little weather stripping there. maybe an energy star-rated appliance, or two. let's save money on the things that keep saving money. that way, we can turn a little energy into a lot of savings. more saving. more doing. that's the power of the home depot. we're lowering the cost of staying at room temperature with owens corning insulation -- just $10.44 per roll. [ smack! ] [ smack! smack! smack! ] [ male announcer ] your favorite foods fighting you? fight back fast with tums. calcium rich tums goes to work in seconds. nothing works faster. ♪ tum ta tum tum tums it is perhaps the most infamous unsolved mystery of the past 20 years. who killed jonbenet ramsey? boulder, colorado, police detectives are now reportedly meeting or trying to meet with her brother, 23-year-old burke. he was only 9 when she was murdered back in december of 1996. joining us this morning is lawrence schiller, contributor to "the daily beast" and author of one of the definitive books on the ramsey case, "perfect murder, perfect town." he's also the founder of the norman mailer writers colony. good morning, lawrence. >> good morning. >> we called the ramsey family attorney. he says that burke has not been questioned. but your sources are telling you that police, in fact, are trying to question him. >> i was in denver yesterday by pure coincidence and i called some people in boulder and they said the police had sent on their business cards and asked if his time permitted if he could get in touch with them. >> he was 9 years old at the time of the crime. he was questioned and exonerated back then. why would they be trying to question him again 14 years later? >> well you have to remember, number one, he was, as you said, 9 years old, frail kid. not very large in size. the sister was younger. there's a lot of evidence that has still been unexplained over the years. footprints have been identified, but some have not. hand prints and palm prints have been identified in the room where her body was found. some still not. in essence, the body was placed there. it wasn't dragged in. and then it was wrapped in a blanket. now, if he was, you know, a witness to some event that night, something that may, in essence, now connect with something else, you have to remember, this murder took place in a community which was embarrassed by it. wasn't prepared for it. did not have a history of violence. the police are never going to give up on this case. there's no statute of limitation on murder. >> in other words, they may have discovered some new evidence that wouldn't necessarily make this 9-year-old boy a suspect, but to which he could possibly speak. >> that's correct. he was exonerated by dna, by many, many methods that the police used at that point. but the question is, in his own mind now, this many years away, has he locked away the facts of this murder? has he, in essence, put it in a room, closed the door, and doesn't want to think about it? so how helpful can he be? you know, just because questions are unanswered, that doesn't mean somebody is withholding the answer. >> they may just not know it. >> that's exactly right. >> right now boulder police are not commenting on this. the ramseys are denying through their attorney that this is taking place. >> right. >> does that surprise you? >> no, because if there is a real lead, nobody's going to tell you about it. >> okay. we'll continue to stay on top of it. lawrence schiller, thanks so much. coming up next, is lindsay lohan trying to rehab her image? we'll have the latest on the troubled star here on "the early we'll have the latest on the troubled star here on "the early show" on cbs. 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[ male announcer ] ever have morning pain slow you down? introducing bayer am, an extra strength pain reliever with alertness aid to fight fatigue. so get up and get goin'! with new bayer am. the morning pain reliever. with new bayer am. words alone aren't enough. our job is to listen and find ways to help workers who lost their jobs to the spill. i'm iris cross. we'll keep restoring the jobs, tourist beaches, and businesses impacted by the spill. we've paid over $400 million in claims and set up a $20 billion independently-run claims fund. i was born in new orleans. my family still lives here. i'm gonna be here until we make this right. i love my grandma. i love you grandma. grandma just makes me happy. ♪ to know, know, know you grandma is the bestest. the total package. grandpa's cooooooooool. way cool. ♪ grandpa spoils me rotten. ♪ to know, know, know you ♪ is to love... some people call us frick and frack. we do finger painting. this is how grandpa and i roll. ♪ and i do [ pins fall ] grandma's my best friend. my best friend ever. my best friend ever. ♪ [ laughing ] [ boy laughs ] ♪ to know, know, know you after this we're gonna get ice cream. can we go get some ice cream? yeah. ♪ and i do ♪ and i do ♪ and i do lindsay lohan is out on bail, and is expected to be back in court at the end of october. but it's what she may do between now and then that has some people questioning her motives. cbs news tara mergener has the story. >> reporter: free on bail, lindsay lohan will lakely be checking in to rehab any moment. celebrity website radar online reports she's considering the betty ford clinic. although she is reportedly in denial about being an addict. >> i don't think she thinks she's as sick as other people think she is. >> reporter: even so, volunteering to go to rehab could be a smart legal strategy. >> when she goes back in front of the judge, she can argue, i'm starting to clean up, you don't have to give me more rehab time. you can trust me. >> reporter: before earning that trust, she is required to wear this alcohol monitoring bracelet. it's part of the deal that allowed her to post bail and leave jail friday after just nine hours behind bars. since then she's been busy. on sunday, lohan visited a los angeles shelter where she met with families and handed out purses to teenagers. shortly after leaving, lohan tweeted her fans about the experience. what a great place the dream center is here in l.a. had a nice time there today. it is so important to give back. i feel blessed. >> lindsay has gone from being in jail, to being out of jail, to suddenly being sort of a mother teresa-like figure in nothing but a span of three days. >> reporter: some in hollywood question the motive behind her sudden acts of kindness. >> it's no secret in holly kood that lindsay lohan is damaged goods. the question is, can she repair herself and repair her image so that people will feel confident enough to hire her? >> reporter: she's still signed on to play porn star linda lovelace in "inferno." >> she's the best actress for the part, and you know, we are still totally behind her and want her to be the lead. >> reporter: though the role lohan most likely wants is that of a free woman. tara mergener, for cbs news. >> and there are also reports that lindsay is trying to cash in on her notoriety. according to usmagazine.com she was shopping around a picture of her wearing her alcohol monitoring bracelet, and reportedly wanted $10,000 for the shot. >> that would not be good. >> the saga continues. >> if she goes to rehab all the experts we talk to say she's got to commit to it for the full 90 days. she can't say i'm going to do this and then bail. that would be counterproductive. >> and who's to really know what her motives are in terms of her goodworks, right? >> as long as she gets better. >> we'll be right back. ♪ get up, get moving. subway has breakfast. and it's a slam dunk. i like my breakfast sandwich with green peppers, onion, banana peppers and mustard. i like eggs with black forest ham on wheat. with everything. i like a little kick. that's a good call. i like mine with egg whites. and... a napkin. 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[ female announcer ] lactaid®. the original lactose-free milk. and vitamin d of regular milk. it's 7:55. time for news headlines from cbs 5. i'm juliette goodrich. a six-year-old is being treated for gunshot wounds after an attack on her home early this morning. police say more than one person opened fire on a house on seminary avenue. the girl was struck in her bedroom and injuries are not life-threatening. federal investigators are looking into a possible link between a power failure and the explosion and fire in san bruno. the outage in milpitas affected the pg&e's natural gas pipeline system just hours before part it exploded farther north. and the two major candidates for governor will debate for the first time tonight. viewers can expect a sharp contrast between jerry brown and meg whitman. he is the state attorney general and former two-term governor and she is the former chief of ebay and a political newcomer. we'll have traffic and weather in just a moment. ,,,,,,,,,,,, good morning. well, we have another accident coming into san francisco that's northbound 101 approaching cesar chavez. the left lane is blocked there. so looks jammed from the 280 interchange. coming down the eastshore freeway, very slow right now through hercules all the way down into pinole. and then check out this live look at ashby. jammed through the macarthur maze. once you reach the bay bridge toll plaza, backed up well into the macarthur maze. and i want you to check out that drive time. 42 minutes right now on westbound 80 from the carquinez bridge to the maze. we had a couple of earlier accidents along that stretch. that's adding to the commute there. mass transit is a "spare the air" day, and everything is running on time. speaking "spare the air," here's tracy with a check of your forecast. >> yeah, "spare the air," it's going to be hot out there again today. here's a look out from our san jose camera. yesterday, san jose in the 90s. today up to 98 degrees. here's a look at some more cities -- well not cities but location. inland up to 104. lower 90s around the bay and the mid-70s at the coastline. temperatures are cooling off tomorrow, that's for the entire bay area, and we will continue to cool down all the way into the weekend. [ male announcer ] as the ceo of hp, carly fiorina laid off 30,000 workers. when you're talking about massive layoffs, which we did... perhaps the work needs to be done somewhere else. [ male announcer ] fiorina shipped jobs to china. and while californians lost their jobs, fiorina tripled her salary. bought a million dollar yacht. and five corporate jets. i'm proud of what i did at hp. [ male announcer ] carly fiorina. outsourcing jobs. out for herself. [ barbara boxer ] i'm barbara boxer and i approve this message. welcome back to "the early show" on this tues welcome back to "the early show" on this tuesday morning. kids from the children's museum are here from manhattan. my daughter's favorite place on earth. so important to support your city's local museum. especially kids museums, because kids have fun and learn a ton. >> a great place. and as your daughter gets older it will transfer to the museum of natural history. >> she's kind of getting there already. dinosaurs -- i'm maggie rodriguez with harry smith. coming up in this hour, it captured the country's attention when facebook founder mark zuckerberg made an enormous donation, $100 million to help turn around the failing new jersey, new york school system. amp all the hoopla it comes down to this man. the mayor of newark, here exclusively this morning and he has to decide what to do with this. no pressure, mayor. we're going to talk to him ahead. also ahead this morning a great nurse. now the good wife. most of us first noticed jewuli nah margulies from "er." what and who to expect to see in the highly anticipated new season of "the good wife". >> no wonder she won an award. fantastic show. >> great show. first back inside to erica hill at the newsdesk. >> good morning to everyone at home. floodwaters expected to reach record levels in southern minnesota today. the minnesota river will likely crest this afternoon near the town of henderson breaking a 45-year-old record. officials plan to close area roadways at noon east of henderson in the small town of hammond. 75% of homes damaged due to flooding that began last week. the damage there, residents got their first look yesterday. some say they will move rather than try to rebuild. one of president obama's top advisers may soon be leaving the white house to pursue his own political dreams. bill plante is standing by at the white house this morning. good morning. >> reporter: good morning to you, erica. that would be rahm emanuel, the white house chief of staff wants to run for mayor of chicago and he may leave as early as this coming friday. earlier today maggie asked the chairman of the democratic party tim kaine what this does to the president's aggressive campaign plans to kind of try to keep control of congress? >> i don't really think it's going to affect the party. i mean, rahm will make his decision as he makes it. then the white house will you know, move forward with other folks in place to make sure the work of the country is being done. >> reporter: the president will be campaigning hard over the next five weeks. he'll try and get the uncommitted voters on campuses like the campus of the university of wisconsin where he goes today, in madison. get the people who voted for him in 2008 to come out again. the president told "rolling stone" it would be irresponsible to sit out the elections. he said to "rolling stone" people need to shake off this and buck up. >> on a lighter note, i understand the president is perhaps expanding his music's library a little bit? >> reporter: looks like it. we learned that in this "rolling stone" article there are 2,000 tunes on his ipod. we got a look inside. stevie wonder, bowl dillon, the stone bob dylan and aides proved him more hip. naz, lil wayne, some hip-hop artists and his daughters are getting into the act sharing their musical tastes with him. >> ah. i imagine that could include the jonas brothers from everything we've heard about the obama girls. bill plante from the white house, thanks. and the navy intercept add ship carrying jewish activists to the gaza strip. nine your board carrying medicine toys and water purifiers trying to break the israeli blockade. last may they fought our activists onboard a turkish ship. "titanic" actress gloria stuart has died. her career began long before the career block bester starred in films in the '30s and '40s and left acting to per sue painting and printing, and rirned for her role in "titanic" making her the oldest acting nominee. >> the china had never been used. the sheets had never been slept in. "titanic" was called "the ship of dreams." >> gloria stuart died sunday in los angeles at age 100. and now here is dave price with another check of the weather. mr. price out there, i hear it's steamy on the plaza? >> it is. it's like -- if it were later in the season, like raw, if the temperatures were cooler, but this weather report sponsored by farmers insurance. to find an agent near you go to farmers.com. maggie, talk about a great event. a brand new exhibit at the museum a tribute to "the wizard of oz" great in manhattan. thanks for coming. maggie, inside to you. >> 0 on the upper west side. we'll be there. up next, it's not every day a city gets a $100 million donation. coming up, speaking exclusively with the mayor of newark, new jersey about this generous new facebook friend and his plans for the money when we return. you're watching "the early show" on cbs. recently, sharp made a major leap forward in the science of color with quattron. by adding a fourth color -- yellow... yellow. banana. ...to the standard rgb color system, quattron produces more colors... banana! ...and makes images brighter. banana! banana! when seen in 3d -- whoa! whoa! aah! quattron makes tv so realistic... whoa! ...you won't believe your eyes. 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you already spend $990 million on education in your city every year. and it's still failing. >> yeah. it's -- look, people will be hon toast say increase education spending does not mean increase educational performance. but we are way behind them on math, reading and the like. so it's not the money you spend. it's how you use the money. and we have a lot of challenges to making sure we can make strategic investment. what this does is it gives us ability to leverage that money without strings to find ways to create changes in the system that will produce dramatic results we desire. >> what is the number one change that needs to take place, the outcome to be different? >> the number within change in all of america, newark is not unique with achievement levels. newark is every city usa. we created this expectation state we damned ourselves as a nation with low expectations. we tolerate whats a cancer on our country which is a low achievement of young people. it's the biggest national security threat in america is our failure to achieve. >> what do you do first? >> first thing you have to do is change the conversation in the country and we've got to pull people together to support our schools in ways we haven't before. right now americans drive by public schools every day and don't give their energy, their support, don't support their kids. from parents to clergy to community leaders, everybody has to get involved and it has to be a movement. so before we start any plans about what we're going to do on teaching or crick curriculum, we want to start with community because they to lead. from the civil rights movement, there has to be a grassroots -- >> is it fair to put it on parents when a vast majority of parents do everything they can. >> i agree but there are things we can do better. it's not about blame, it's about accepting more responsibility. if we start saying what are our community standards? if we reject the fact only 50% of our kids or 54% of our kids are graduating from high school if we reject the fact that we have majority of our kids in early grade school years not reading on grade level, that's the problem. what can we do? how can we imagine a different way of doing this? >> we're out of time. i want to ask you for a date. by when will you decided whether this is success or failure. >> every year will have benchmark. we hope people will be checking in every year. >> thank you. good to have you here. >> next the good wife herself, juliana margulies on "the early show" on cbs. ♪ straightening a ♪ and dyeing and curling -♪ crimping -♪ and cutting ♪ and hair finger twirling ♪ threading my hair through some bright coloured rings ♪ ♪ these are a few of my favourite things ♪ ♪ when the curls break ♪ when the ends split ♪ when my hair goes mad ♪ i simply remember my favourite thing ♪ ♪ and then i don't feel ♪ so bad [ female announcer ] we all damage our hair. dove damage therapy with fiber actives takes care of the damage. trying to be big like you, dad. you're so good at keeping everyone full... and focused with your fiber. 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[ doorbell rings ] oh, it's original little bite™. we're off to practice keeping 'em full and focused. yeah! we've got big shoes to fill! our state has a huge deficit. meg whitman's plan will make it billions worse by eliminating the capital gains tax for wealthy investors, including herself. economists say her plan will "rip a hole in the budget" and is "deeply flawed". analysts for the l.a. times say whitman's plan is a "pure handout" to the rich creating a "huge risk" to schools and public safety. jerry brown's against this unfair giveaway because it will take billions from our children when we can least afford it. get california working again-for all of us. with more than 13 million viewers and 9 emmy nominations, "the good wife" was the breakout drama of last season. tonight, julianna margulies returns as the title character, a lawyer balancing her complicated personal life with a high-pressure career. >> the witness already answered -- >> plead the fifth because you were involved in mr. gumbel's murder -- >> your honor, it is not your place to ask my witness >> yes, it is. now you are taking the fifth -- >> your honor, if you compel my witness to answer this question i am moving for an immediate mistrial. >> denied. i'm asking a simple question. >> you are not, sir. you are piercing the fifth amendment right. >> shut up. >> no, sir! >> good scene. >> it was a good scene. very well-written. >> really. which is, i think, the theme of this whole show is it's so -- it's so well-done. >> the writing, this year, i think the writing is even more sophisticated. >> mm-hmm. >> complex. i think the network has given it to the writers, to robert and michelle king and said, you know what -- >> go with it? >> -- go with it. and what you're doing is obviously working. they've stepped away from it being a procedural and allowing it to be something that really network hasn't seen. >> yeah. >> in awhile. this is very big political backdrop this year, too. on top of the law. on top of the personals. so it's a fun mix, such a fun character to play. >> i want to go back to the emmys. because everybody said you were a lock for the emmys. it was sitting at home cheering for you. sir ra sedgwick wins the emmy and doesn't she already sort of have your emmy from "remember"? >> oh, the joke was, i was so glad that she won. because she'd been nominated five years. we're dear friends and she used to rent my house in l.a. before i sold it. and i had my emmy always sitting in the office there and so for four years she had been nominated and never won and her husband kevin said every year she'd walk in and there's your emmy. and then finally this year, they're not in my house and she got her own. so i'm really thrilled for her. >> i want to go back to the story line of the show. because what has developed over the last year, through especially later in the season, is you started having this relationship with one of the guys in the office. >> flirted with a relationship. >> well, now we really feel like you're torn between two lovers, as it were. >> as it were. so to speak, yes. >> do people come up to you and talk to you about it on the street? >> they do. they're very invested in who this character should be with. and what she should do in her romantic life. >> and? >> nine times out -- >> is there a preponderance? do they tend to go -- >> the younger groups, especially the women, all want me to go with will gardner, josh's character. and the older people, and all the men, all the men, say i should give chris noth the character the chance. what's been interesting is how we're playing out the season, which is really where right now we're sort of in a limbo stage. >> yeah, yeah. it's interesting, because when people talk about the show, it almost looks like a show that ought to be on cable. because it's that good. >> yeah. oh, thank you. >> and it's on broadcast television. which makes it even befter, because all the more people get to see it then. >> it's such a -- it's a gift all around. the hardest part is that it truly does feel like we're doing a cable-quality show in that so much time and effort goes into it. but on cable, they do 12 episodes and we do 23. so the time that we have is minimal. >> yeah. >> and so we have to execute these episodes as quickly as possible. but you know, it happens. we do it, and you work hard. but it's work that you love. so i'm happy about it. >> one of the other notes that i saw for this coming season is that michael j. fox is going to be in an episode. >> yes, i'm working with him right now. >> playing a guy who has parkinson's. >> he's actually playing a lawyer. he's defense council for a pharmaceutical company, and he is playing a man who has parkinson's. so, he uses it to get the jury on his side, to distract some of my testimony. >> wow. >> and it's truly a sctacul thing to watch. and he's so good at it. and he said, he said to me it was very freeing for him because i was the first role he played with parkinson's where he gets to have parkinson's do he doesn't have to hide anything. >> he's such an amazing person. a stand-up fellow.le. >> last but not least, going back to the emmys again, though you did not win, there was the moment at the end where you did the humanitarian award. >> i did. >> and george clooney, and is there any part, will you forever be connected to george clooney? >> yeah, i mean, i think it's one of those things where that couple, the hathaway/doug ross couple was so popular, and i think that people who know george clooney, and know him from -- i mean everyone knows george more than they know me, obviously, because he's a huge movie star. i think what happens is i just get to ride his coat tails basically because my character was connected. there pretty much isn't a day in my life that goes by where someone doesn't ask me what it was like to kiss him. what's he like. is he really as great as he seems. i'm grateful to be able to answer yes to all of the above. >> sorry to have brought that up. my bad. >> it's okay. >> you look absolutely stunning. >> oh, thank you very much. thank you. >> so nice to have you here. >> thanks for having me. >> and you can see the season premiere of "the good wife" tonight at 10:00, 9:00 central. right here on cbs. now here's maggie. >> cannot wait. thank you, harry. still ahead we'll tell you how to get some really cool freebies on your birthday. you're watching "the early show" on cbs. ♪ [ female announcer ] introducing tv... you can take with you. u-verse now lets you download, watch hit tv shows and schedule recordings on your mobile phone. order u-verse tv today. plans starting at just $29 a month for six months, with dvr included. plus upgrade to u-verse u300 and get the u-verse mobile app free. take the u-verse tv experience with you. and record up to four shows at once from any room on a single dvr and play them back on any tv in your house. ♪ order u-verse tv today. plans starting at just $29 a month for six months, with dvr included. plus upgrade to u-verse u300 and get the u-verse mobile app free. u-verse mobile and u-verse tv. only with at&t. state budget cuts are crippling my classroom, so i can't believe the sacramento politicians cut a backroom deal that will give our state's wealthiest corporations a new billion dollar tax give-away, a new handout that can only mean larger class sizes and even more teacher layoffs. but passing prop 24 can change all that. prop 24 repeals the unfair corporate give-away and puts our priorities first. vote yes on prop 24, because it's time to give our schools a break, not the big corporations. it's 8:25. time for news headlines from cbs 5. i'm juliette goodrich. a 6-year-old is being treated for gunshot wounds after an attack on her home. several men shot at the house on seminary avenue. she was shot while sleeping. it's not life-threatening. it's the first debate today for two major candidates for the race of governor of california. democrat jerry brown and republican meg whitman will square offer at u.c.-davis this evening. two more debates are scheduled. federal investigators are looking at the possibility of a link between a power failure and this month's explosion and fire in san bruno. the outage in milpitas affected pg&e's natural gas pipeline system and just hours before part of that gas line exploded, farther north. traffic and weather right after this. ,,,,,,,, the file on david harmer isn't pretty. a corporate lawyer for a credit card company fined millions, even deceiving seniors. an executive for predatory lenders, as harmer's bank got billions from the wall street bailout. david harmer -- helping corporations rip people off. a record we can't afford. we need jerry mcnerney, small businessman, voting against congressional pay increases and refusing to take them, standing up for what's right. i'm jerry mcnerney, and i approved this message. antioch westbound 4 at somersville accident blocking one lane but things are improved for your westbound 4 ride. chp heading to the scene now. 280 very slow this morning out of downtown san jose. almost a 40-minute ride towards cupertino. our bright spot 880 through oakland. here's live look at the nimitz freeway. usually it's backed up passed the oracle and the coliseum. not the case so far but it is kind of a heavy drive time. we are calling it slow, yellow, somewhere in between, about 26 minutes now between 238 and the macarthur maze. that's a check of your traffic. here's tracy with your forecast. hey, thanks, elizabeth. forecast for today, plenty of sunshine expected and along with all that sunshine, hot temperatures. here we go. looking out towards coit tower, i'll move out the way so you can see it along with all those blue skies. here's a look at your seven-day forecast we have broken it down from the coastline to the bay to inland. coastal highs mid-70s. lower 90s around the bay and inland just as hot if not hotter than yesterday. san jose and livermore, for example, are expected to be slightly warmer than yesterday's highs. tomorrow, cooler weather coming into play. that's going to cool down temperatures almost 10 degrees inland and we will continue to cool down thursday through friday and also into the weekend. ,,,,,,,, great crowd on the plaza here on a -- >> muggy -- >> absolutely damp tuesday morning. right? welcome back to "the early show." coming from the baskin-robbins to borders bookstores. what did you say? is it denny's? >> you get free breakfast at denny's on your birthday. >> right. still? >> yeah. >> well there's all kinds of stuff out there -- >> you're welcome. >> that you get free on your birthday. and we're going to go through that list today. they don't ask you how old you are, i don't think. >> well -- >> it would cut down on the number of people taking them up on the offer. also ahead this morning. you have to worry if you're a woman, especially an older woman, about slipping and falling. it's more command that you might think. but you can use household things like soup cans to improve your stress and balance like our dr. jennifer ashton is demonstrating. we're going to talk to her ahead about what else you can do. >> also ahead this morning, it took years for society to slowly isolate or ban smokers from restaurants, right, and from airplanes. now it's sort of, you would never expect to see a smoker in there, right? some people are equating families with small children, misbehaving children, not our children, maggie. >> of course not. >> as the new smokers. the new sort of persona non grata would be the screaming child in a restaurant. a lot of people might agree with it. but should they be banned from public places or even from airplanes as some people have suggested. >> or have a separate section. >> that has been another theory. we're going to talk about that this morning with our dr. jennifer hartstein who is here with some tips for all of us to live a little more peacefully together. >> i see dave nod being emphatically. if they were banning your dog wally who you take everywhere would you be as excited about this? >> first of all, wally doesn't scream. wally doesn't wear a diaper. >> he's a dog. >> right. >> did you know that wally -- >> and wally's going to harvard. let's get that out of the way right now. we have great kids right here, right now. hello, how are you? you're so well-behaved. you can stay. let's take a check of the weather, see what's happening all across the country, shall we? to the maps we go. and it looks like we are in for more rain right along the eastern seaboard. kind of sticky conditions. look at that 78 degrees in new york today. 82 in raleigh. sections of wilmington, how old are you? >> 16. >> what's your name? >> megan. >> where are you from? >> roanoke, virginia. >> have a great 16th birthday. and jack daniel's celebrating 160 years old. harry will be celebrating later. that's a quick look at your weather picture. erica, inside to you. >> dave, thanks. you know that old saying, children should be seen and not heard? well, for most parents, though, it's not always possible, nor is it practical many times. seems like kids can always tend to act up at the worst possible moment like when you just sit down to dinner at the restaurant, or when you end up on an airplane. now some companies are looking to take some measures to keep your kids quiet. contributing correspondent has more. >> reporter: rachel and jeff are typical parents, trying to enjoy a night out with two toddlers in tow. en. >> don't throw. >> reporter: but a normal dinner for this family can be a nightmare for other diners. >> did you guys notice the screaming kids over there? >> it's time for bed. >> reporter: they're sort of interrupting your meal? >> well, it's hard to ignore. >> we're parents, we've gone through that experience. so we're sensitive to it. but, yeah, we notice it. >> reporter: like many parents, the goobermans sometimes struggle to keep their kids from misbehaving in public. some recent cases show a diminishing tolerance for touch behavior. this north carolina restaurant recently stirred up controversy when it banned screaming children. >> it has brought us in more customers than it's ever kept away. >> reporter: the bold move offended some parents. >> it's not fair if i ask you if you're sitting at my table -- >> personally if i saw that i wouldn't even come in a restaurant. >> reporter: the restaurant business isn't alone. airlines are also witnessing a shift in attitudes towards crying kids. earlier this year a florida woman settled a lawsuit against qantas airlines, claiming a kid's shriek left her partially deaf. and in a recent poll conducted by the travel website sky scanner, close to 60% of respondents favor a family's only sections on planes while nearly 20% prefer child-free flights. do you think there should be family-only sections on airplanes? >> probably. that would make it a whole lot different. >> it's an excellent idea. >> sometimes it can be a little bit disturbing. fly being with kids on airplanes. but, you know, it's part of life. >> reporter: the conflict between families with young kids and those without will continue to play out in public. but for the goobermans and families like theirs, life must go on. >> we're not willing to compromise our lives, and not do the things we like to do just because we have children. >> reporter: for "the early show," cbs news, new york. and joining us now "early" show contributor dr. jennifer hartstein, child and adolescent psychologist. this is such a great topic. there are so many opinions. what that mom just said at the end of the piece really struck me. she said we're not going to compromise our lives just because we have children. i'm a parent of two small boys. >> right. >> i think that kind of attitude sometimes is what leads to this. are you finding that? >> i am. i think that's what's happening is people want to expose their kids to all sorts of different experiences. which is terrific. but by doing that they're not being aware of how that may impact other people as well. it's all about their family bubble and not about what's going on outside. >> and it's not always an appropriate place to bring your children. let's look at the specific instances. we hear about this restaurant in north carolina. children were not banned from the restaurant. there's a sign up that says, and i'm quoting here, screaming children will not be tolerated. the owner says here's my issue, if your kid is screaming, have a meltdown, take him outside, if they settle down, bring him back in. is there anything wrong with a sign like that? >> i don't think so. if there was a really drunk adult at the bar that was really unruly, they would ask that person to leave, also. so we're really just kind of extending that expectation, down to young children and asking parents to be in control. >> so for families who sometimes it may not be feasible, we all have these demanding lives, a lot of families have two parents who are working at this point. if you have to go to dinner, you know, some nights it's just easier, what have some checklists to know when your kids are really ready for those experiences. >> there's some really important things to think about. do your best to go early. go as early as you can. if you can go 5:00, 5:30 before a restaurant fills up it doesn't really matter if your kids are having a little bit of a meltdown up. also want to order your kids' foods the second you sit down. hunger, tired, those are things that really trigger kids to have tantrums. >> oh, yes. >> so i think if you can do it early, you're better off. then you want to bring as many activities as possible for your kids to do so that when you and your husband are having dinner they're occupied. you're still interacting with them but they have activities. >> so we have a rule in our home where you can't have toys at the table. >> right. >> but when we go out to a restaurant we do bring coloring books, crayons, we bring books. >> right. >> it's okay to have a separate restaurant rule? >> it's a great point. we want to have different rules for restaurants, different rules for planes. different rules for different activities, so your kids know the expectations. and so we want to really be able to do that. it's not bribery, it's just, here's what you're going to do while we're out. >> and expectations, talk to them, too, about what is expected of their behavior. >> absolutely. and to tie into that, you mentioned about leaving. be prepared to leave the restaurant. be prepared to take your food to go and leave in that's really what happens. and lastly, set the time aside to have adult-only time. many people as you mention want to bring their kids everywhere, but having that time with just your spouse or friends is so important. >> don't you also need to be realistic about where you're going? we kind of touched on this. if you're going to take your kids somewhere, obviously you want it to be a kid friendly place. noisy restaurants. >> noisy restaurants are great. it doesn't mean just fast food. you can go to other restaurants that have a lot of kid activities. you're not going to take your 3-year-old to the opera. you really want to know, how much can they focus? can they sit through a movie? practice that at home and then dedecide where you want to take them. >> even bribery can be okay in some places or rewarding sounds better. like on a plane. there was this story recently a southwest airlines flight attendant took a 13-month-old child away from the mother, said the mother hit the child when it was crying, couldn't settle down. >> right. >> when is it okay to step in and offer your help? because it can be overwhelming, especially on a lean. >> right. and parents in those moments are so embarrassed and mortified and frustrated because they can't help their kids. i think it's a really delicate balance. some parents will appreciate it because they just don't know what to do if someone says can i help you? sometimes that distraction is enough to get the kid to stop crying. it's really a fine line. we aren't always so open to accepting help from strangers. maybe if we were it would make it a little easier and we could all kind of work to the a little in those moments. it's really chance to know if we could ask, what are we going to do? >> speaking of working to the as we button this up for everyone, this is something that's responsibility on both sides, right? other people in the restaurant? >> sure. >> and the parents. how does that work out? >> i think other people in the restaurant might need to be a little bit more tolerant. parents need to be aware of how their kid's behaviors is impacting those around them. everybody needs to look at it. you're not going to just shoot dirty looks and hope something is going to happen. you may have to say, is there something i can do? can i help you? do you need an activity? i have crayons in my bag, whatever. and really work together to make it a better experience and more pleasurable for all. >> if you don't speak up, nothing can happen. >> exactly. >> how here's maggie. >> great information. thank you, erica. slips and falls cause at least 90% of all hip fractures, which can lead to severe health problems, even premature death in the elderly. older women, especially, are vulnerable, and a new study recommends daily exercise to build and balance and improve your posture. our dr. jennifer ashton is here to the rescue. good morning, jen. >> good morning, maggie. >> first of all let's talk about why it is so common to see slips and falls among the elderly? >> first of all the environment. we know at any age it's pretty easy to trip on something. however, when you're older, and we're talking really over the age of 65, which could potentially be a third of someone's life, we're living longer and longer, a little trip could become a big fall. so this could be something like a curb, a crack in the sidewalk, falling out of your bed. tripping on a rug at your home or even over a pet in your home. but the bottom line is, the older you get, the more dangerous those falls become. >> and why are women more at risk? sit the brittle bones? >> that's a large portion of it, maggie. as we age both men an women, we live long enough, almost everyone will get brittle bones, osteoporosis. then when you add to that, smaller frames, smaller bone structure, women are at higher risk for serious complications. and the risk of death after a broken hip can be as high as one in four. this is a huge problem. >> all right. you are not helpless, everybody, because there are things that you can do, really simple things that you can do at home that will improve your balance and your strength. >> this study that you referred to clearly shows that women, and therefore obviously also men, who did simple home-based exercises that improved their balance, their strength, their flexibility, over a six-month period dramatically reduced their chances of falling, and sustaining a serious injury. >> every day? >> the more you do it -- >> exactly. >> we knee a lot of older people are home-bound primarily. so to start with, people who live in homes or where there's a stairway while holding onto a banister you can do simple stair raises and go up and down on one leg as many times as you can. obviously you don't want to wear high heels. you want to wear a good sneaker and exercise shoe and do as many as you can. start with a low number. get higher. if you get really proficient and skilled at this you can do it going down. >> okay. >> so what if you don't have stairs or don't want to invest in this step? >> you can even do it from a chair and just practice, again, holding on to something to support yourself, going from a seated position to a standing position. do that while you're watching tv. do that ten times a day. ten times an hour. the more you do it the better. >> i see how creative you got. >> that's right. everyone has these. this is something that really can target everything. muscle strength, flexibility, and balance, because balance is critically important, as a lot of elderly people have gait problems, and their balance can definitely be impaired. so again while holding onto something you can take three soup cans. start with them close together, and with one leg at a time, simply go from can to can. >> that's great. i could see my mom doing this already. >> i can really feel this in my core, my quad, my thigh muscles. and again, the better you get the more you can do and the farther apart the cans can be spaced. >> should you invest in a pair of dumb bells? >> you've heard me say it before, maggie. strength and muscle mass is important for us at all ages, especially as we age. so again, light dumb bells. while you're watching tv, these are three pounds but older people can use one or two pounds. and you want to do as many of these reps as you can. they don't have to be done all together. and if you really get good you can balance on one foot in high heels. disclaimer. anything that you're going to do to improve your balance, your flexibility, your strength is going to help. >> jennifer ashton, thank you very much. now over to you, harry. >> thanks, maggie. everybody loves birthdays. depending on how old you are, i guess. and everyone loves free stuff. that's no argument there. so, why not combine the two, and get birthday freebies from retailers and restaurants? cbs news business and economics correspondent rebecca jarvis is back to tell us about some of the best stuff out there for your birthday. >> hey, harry. >> it's your birthday. >> indeed, it is. >> happy birthday. >> thank you. i appreciate it. which is why i did this segment because i want to find all the free stuff that i could get and that viewers can get, as well. >> all right. a lot of places offer stuff. where do you want to start? >> let's start out with why they do it. because all of these retailers that are offering you free things are doing it because they want to drive their own traffic. >> okay. >> and any time they give out something for free they know more people are going to come in the store, take a look at more things, which is why they do it in the first place. >> are there cost catches, though? >> there can be. but what we're looking at today are a lot of offers that are almost entirely free. take, for example, food. >> all right. >> and companies that offer food. so a lot of them we're going to take a look at are for adults. but a couple are for kids. denny's gives kids 10 and under a free meal plus a sundae on their birthday as long as an adult is paying for a full meal. also california pizza kitchen gives kids 10 and under a free meal. benihana gives out $30. ruby tuesday, red robin, free burger, no purchase necessary. starbucks and caribou coffee give you a free beverage. cold stone creamery and baskin-robbins give out free ice cream on irbirthday. >> that's really nice. >> not too shabby. there's no strings attached. but in a lot of these cases you have to go to the company website, sign up, let them know when your birthday will be so they can let you know -- >> you can't just walk in the door and say, give me my whatever. >> you might want to try it. if you walk in the door they probably would give it to you. >> maybe. retail outlets. what can you get at retail outlets? >> so there are a lot of retailers from aveda to sephora that will actually give you y fe products on your birthday. sephora has something called the beauty insider club. you'll get free products from them, aveda, $24 worth of products you'll get on your birthday. victoria's secret. american eagle outfitters will give you a 15% discount, as will leohmann's or borders, you can get a free cup of coffee or tea. >> we do so many consumer segments where there's a bait and switch involved or anything else. especially in this whole retail segment, is there anything prepurchase or anything like that you have to establish credit card account or who knows what? >> well, victoria's secret is the one with the credit card account. but the rest of the offers we've talked to you about today, all you do is you need to sign up and give them your personal information so they can keep track of you. now, of course there's benefit to them, because they can now have you -- >> send you e-mails. >> they can forward you e-mails but there's a benefit to you, as well. it's all a matter of what you prefer. >> all right, bigger ticket items. >> these are some really cool things. i don't know if you knew this or not but you can get free baseball tickets in this country when it's your birthday. >> in america? >> in america. >> it's america's pastime. >> i know. if you're a fan of the baltimore orioles you can get free tickets. also the atlanta braves. you can celebrate your birthday at turner field. one free admission. and then i know you're a fan of this one, medieval times. >> always. >> four or five times a year. >> you love to just gnaw on that big turkey leg. exactly. that's a good mental picture, by the way. so there you can have a free meal at medieval times on your birthday. it's free. $60 value. along with the entrance fee. that will pay the entrance. but once you're there they say you'll be treated like a king to a feast. and then lastly, ringling brothers. >> the circus. >> yeah. so they have a program, it's called baby's first circus. and what they let you do is when your child is under 12 months old, you let them know that they've been born and they give you a ticket with unlimited -- it will never expire. so basically your child will some day be able to go to the circus for free. >> very nice. rebecca jarvis, happy birthday. >> thanks, harry. >> all right. and enjoy it. and from "the early show" -- >> oh, my goodness. you guys. thank you. >> it is a cake. >> was it free? >> there is a cost. >> well, i hope it was made with love. >> indeed. for more on birthday freebies all you need to do is go to our website it's earlyshow.cbsnews.com. we'll be right back. you're watching "the early show" on cbs. ,,,,,, people! look at you! texting...blogging... all this technology, but you're still banking like pilgrims! it's time for new school banking, bubbie. interest plus savings at capitalone.com. why earn bupkis, when your savings can earn three times the national average!! three times the national average!!! new school banking at capital one bank. with interest plus savings, go to capitalone.com!!!!! what's in your wallet? i mean, really, come on. >> rebecca jarvis is celebrating a birthday. >> i'm learning how to cut a cake for the first time. on my 29th birthday. >> see this? >> not with these fancy utensils. >> show me how it's done, harry. >> must be a great thanksgiving at harry's house. >> that's a huge, gigantic piece. >> thank you. >> appreciate it. >> and ice cream is delicious, too. by the way. >> the best is german chocolate cake. comes out seasonally. >> now, have you -- >> oh. >> oh, no i wasn't dissing her birthday cake. >> so maggie, you'll have to go to baskin-robbins to get your free german chocolate cake. >> do you guys have any fun birthday traditions? >> i spend a lot of time with my family. my mom's coming to town this weekend. >> oh, how nice. >> which will be great. so it's mostly just good times with the family. and then when i was really little kid, i got the whole cake to myself and i could eat it with my hands. >> the whole thing? >> when i was really little. >> that was back in medieval times? >> and you guys? >> i take an inventory of how many people won't come. >> oh. >> i once spent my birthday -- >> sorry. >> at denny's by myself. >> have a great day, everybody. your local news is next. ah, focus group. so what , are we testing here? that's our new pastrami grilled sandwich. oh, great. hey, are they happy we got rid of the rye bread? totally. they love our grilled artisan bread. they say it's the perfect compliment to the classic hot pastrami, melting cheese, deli mustard and pickles. awesome. hey, um what are we testing in that room? oh! nothing we were just hazin' the intern. you don't love me anymore do you billy? what? i didn't buy this cereal to sweet talk your taste buds it's for my heart health. so i can't have any? if you can deprive me of what can help lower my cholesterol... and live with yourself. right. mmm, i worry about your mother. cry herself to sleep every night over my arteries, but have yourself a bowl. good speech dad. [ whimper ] [ male announcer ] honey nut cheerios tastes great and its whole grain oats can help lower cholesterol. bee happy. bee healthy. ♪ carly fiorina laid off 30,000 workers. when you're talking about massive layoffs, which we did... perhaps the work needs to be done somewhere else. [ male announcer ] fiorina shipped jobs to china. and while californians lost their jobs, fiorina tripled her salary. bought a million dollar yacht. and five corporate jets. i'm proud of what i did at hp. [ male announcer ] carly fiorina. outsourcing jobs. out for herself. [ barbara boxer ] i'm barbara boxer and i approve this message. it's 8:55. time for news headlines from cbs 5. i'm juliette goodrich. the execution of a convicted killer has been pushed back a day and there could be even more delays soon. albert greenwood brown is now scheduled to be put to death thursday night at 9:00 a.m. governor schwarzenegger ordered a one-day delay saying there are procedure complications. this will be the first execution in california in more than four years. it's the first debate today for two major candidates in the race for governor of california. democrat jerry brown and republican meg whitman will square off at uc-davis this evening. two more debates are scheduled today is the 48th annual muni cable car bell ringing contest. the competition will take place at noon in union square and there will be two contests, one for amateurs, another for cable car gripmen and conductors. first place winners will receive a trophy and grand prize bell. traffic and weather right after this. ,, ,, [ female announcer ] jerry brown and oakland's schools. what were the facts? fact: march 7, 2000. brown asks voters for new mayoral power to appoint school board members. he gets it, and promises better schools. but the drop out rate increases 50%. the school budget goes into a 100 million dollar deficit. the schools become so bad the state has to take them over. it was "largely a bust," he admitted. jerry brown. failure as governor. failure as mayor. failure we can't afford now. good morning. westbound 24 is backed up through lafayette. an accident, one lane is blocked. speeds are crawling around 17 miles per hour. if you are continuing down towards the macarthur maze, here's all that slow traffic as you make your way through the caldecott tunnel. once you reach the bay bridge toll plaza, the metering lights are being cycled through slowly now. no accidents, no stalls, at least right now on the upper deck. but it is backed up well into the macarthur maze. they have some kind of thing going on here in our camera shot a crane looking contraption. we weren't sure what was going on there. but traffic is extra backed up. 880 through oakland is just starting to slow right now past the coliseum. just kind of stop and go towards the downtown oakland exit. that's a check of your traffic. here's tracy with your forecast. hey, thanks, elizabeth. looking out toward ocean beach, boy, that's the place to be today. the coastline. starting off with plenty of sunshine, ending up with highs today in the mid-70s. seven-day forecast once you move into the bay, temperatures go up pronounced increases. cooling down through the weekend.

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