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"early" this tuesday morning, october 19th, 2010. captioning funded by cbs greeted with some showers on this early tuesday morning. good morning everybody, i'm harry smith. >> and i'm erica hill. maggie rodriguez is on assignment. we seem to learn a little bit every day about this jet ski accident, of course. the man you see in the picture, david hartley killed while on a jet ski, he was out with his wife on this lake which spans the border with texas and mexico. she spent a second day in questioning with mexican authorities now. so we're going to hear a little bit more about what went on there. what she's hoping all of this could do for her. >> first the crucial midterm elections just two weeks away and there are some interesting numbers from a new poll by cbs news. and the news is not so great for president obama and the democrats. cbs news senior white house correspondent bill plante has the details. good morning, bill. >> reporter: good morning, harry. the poll was taken among people who voted for president obama in 2008. democrats, independents, even a few republicans. and for those people his personal popularity still very good. it's at 80 -- see what do we have here 82%, very high. but for the rest of the picture, what they plan to do this year it shows that the president hasn't closed the sale. only two-thirds of democrats who voted for president obama in 2008 say that they'll vote for a democrat in 2010. the biggest erosion of support, among independents. just 42% of obama 2008 independent voters will support a democrat this year. 12% of them say that they'll vote for a republican. and 38% are still up for grabs. and the one-word slogan that defined the obama campaign change, has been hard to come by. just 16% of obama voters believe he has brought a lot of change to washington. 48% of independents say he's brought little or none at all. with those independent voters very much in play sarah palin kicked off a two-week tea party express campaign tour in nevada. backing sharron angle's campaign against senator majority leader harry reid. >> some of you need to mad up and spend some political capital to support the tea party candidates. >> reporter: and hinting yet again she might run for president. >> now we can see 2012 from our house. >> reporter: no democrat has put more distance between himself, the president, and the administration, than joe manchin of west virginia. who's running for the senate seat held by the late robert byrd. manchin participated in a debate with his republican rival businessman john raese and two other candidates. >> i'm not a rubber stamp four anybody, never have been in my life. in the spirit of senator byrd he didn't care who the president was. >> you have to wonder wonder about obama and manchin, in which direction that they're going. because there are choices in this election. >> reporter: another number to pay attention to in that poll 58% of obama voters people who voted for him in 2008 are dissatisfied or angry with washington. and that doesn't bode well for the democrats here harry. >> all right bill plante thanks very much. joining us is john dickerson, cbs news political analyst. good morning, sir. people have already talked about the house and a lot of places have already said house is done republicans are going to win the house. the senate, though is very, very, very much in play. and let's talk about some of these states where it really is kind of super critical. >> that's right. what we've got here are just the states that are in play. there are 12 of them. republicans need ten democratic seats to take over the senate. they've got four sort of in the bag that are trending their way. we're going to turn a fifth one, wisconsin, red. >> this is russ feingold's seat. >> that's exactly right. so that means they've got five looking like they're going their way. four are toss-ups. that would bring them to nine. if they won all of those toss-up states. then republicans would have to win one of these states we think is kind of trending blue. >> let's talk about west virginia, and bill talked about it in his piece last night, the debate happened. was there any sort of definitive takeaway? because take on grandma sally's old hound as dan rather used to say. >> the well-known expression in west virginia. it's absolutely tight. nothing happened in the debate. they both kept their lines. the dog didn't bark so we'll now have to wait till election day. >> let's go back and look at some of these poll numbers again, because in the end of the day, these elections are really all about the great american middle. the right tugs one way, the left tugs another way, and which way does the middle go? we're talking about independents who voted for president obama two years ago. at least in terms of the house races are concerned, look at these numbers. less than half are going to vote for a democrat. >> that's right. the middle is not going towards the democrats. and the president at this point, it's out of his hands. there are independents going to republicans. or thinking about something else. conventional wisdom and it may get turned on its head in this election. but says that the independents often break towards the challenger, which in this case would benefit the republicans. >> that's a big, fat number out there just sort of floating around. let's go back to the senate map again, and talk about just how this thing could actually end up playing out. >> well we've got the president on the road trying to work not so much on those end pents but on hard-core democrats. >> right. >> he's going to be, we can start with nevada where he will be at the end of this week. this is the democratic rescue mission. harry reid the democratic leader, he's had bill clinton out there, vice president biden will be there wednesday. the president's going. they're sending blankets and first aid because in this state they need the turnout operation to turn out. they've got a very good one. the question is can the democrats turn out their base versus the incredible enthusiasm of the tea party? >> and there's a lot of organized labor out there, too. that really is talk about bellwether. then the other one is way out on the west coast. >> we've got california, the president will be stopping there. this is one, if the democrats lose california it's a blue state. >> right. >> did they lose this they're going to lose the senate. it's quite tight but barbara boxer is just slight lay head. the president will go out there and try again to turn out those democrats. >> and last but not least, washington, which is you know i guess people have been trying for years to figure out exactly what washington state is. and this is another opportunity to try to get some definition. >> that's right. patty murray who ran the mom in tennis shoes, but she's now running for her fourth term dina rossi trying to make her the mom in tennis shoes race. the thing about this you can mail in your ballot. most people will right up until election day. a quarter of the ballots come in after election day. if it's as tight as we think on election day, we could be waiting for washington and the next day, and the next day. >> if it ends up as tight as some people anticipate and it all ends up to washington whether it is that crucial tenth state for republicans, we could be sitting there three weeks later? >> we'll take the board and all of us and we'll go to washington state and sit there for a couple of weeks. >> all right john dickerson, thank you so much. now here's erica. >> harry, thanks. want to take a look at financial news. bank of america is reversing its decision on foreclosures. announcing plans to resume home seizures in 23 states. the nation's largest bank you may recall halted foreclosures two weeks ago amid allegations of flawed paperwork. why the big change? cbs news business and economics correspondent rebecca jarvis is here with more on this and some of the financial headlines. let's start with the foreclosures. why now is b of a saying we're back in the foreclosure business. >> they say they didn't find any problems with the paperwork. remember, two weeks ago they had to halt foreclosures under accusations that they hadn't crossed their "ts" and dotted their "is." they say they've reviewsed 120,000 mortgages in those states, they're good to go and start processing the paperwork by monday. >> what does this do for anyone who may have a mortgage with bank of america in those states? >> in those states it means that you will likely be foreclosed on come november. they say they'll start reseizing homes come november. so, for those people as well as erica, a lot of other people who have mortgages with other banks, where we've seen halts in foreclosures, can probably expect to see their home seized. and why do i say other banks? well bank of america is the first one to market with this news. but money analysts are expecting we're going to hear the same thing from other banks. >> because it's the nation's largest bank too, expect them to go first. so if you don't have -- i was going to ask you, if you don't have a mortgage with bank of america, you just cleared that up. that's what you need to focus on, if you are at risk of foreclosure, knowing that there is a very good chance it could now happen. >> yes. there's about 2 million homeowners in this country who are in this position but the ones who are actually likely to be foreclosed on in the bank of america, again, is that 102,000 people in those 23 states. >> chances are you know who you are. taking a look at some other headlines. apple -- i mean on one side we've got people worried about losing their homes and then you see apple which is posting record revenue. yesterday, with their -- >> with their earnings report. >> it was amazing. >> it is really incredible. where you see, in this world, you can have this drastic contrast in stories. apple, 4.2 million ipads sold in a matter of three months. 14 million iphones sold. it basically goes to show you that there are consumers out there who still want to spend money and are willing to spend it on new technology and new gadgets. >> they're still willing to spend $400 on an iphone and apple said if we could have made more we would have sold more. >> that's right. exactly. good point. >> rebecca, thanks. we're going to check in now with jeff glor who is standing by at the news desk. >> erica, good morning to you. good morning, everyone. a terror attack in russia this morning. insurgents went after the parliament in chechnya. a suicide bomber and two gunmen attacked the complex in grozny. they were killed by police. two officers and parliamentary official were killed in that attack and 17 others were wounded. russia has been battling chechnyan separatists for years now. a pro-moscow government was installed ten years ago. the pentagon was locked down this morning after a report that shots were possibly fired nearby. a civilian said he may have heard shots on the south side of the building. but police did a sweep found nothing, and the massive military office building was reopened. some massive demonstrations are playing in france today to protest the government's plan to raise the retirement age. workers clashed with police in a paris suburb this morning. that strike has closed down some public transportation french airports have canceled flights, and drivers are lining up for gas. the french government wants to raise the minimum retirement age from 60 to 62. johnson & johnson has announced another recall of tylenol this morning. the latest recall concerns tylenol eight hour caplets in 50 count bottles. some consumers were sickened when they took those pills. others complained of smelling a musty, moldy odors on the bottles. johnson & johnson says the problems are temporary. they say they're not serious. but tylenol products have been recalled four times since late last year. former nfl star junior seau says he fell asleep at the wheel. seau suffered minor injuries when he drove off a cliff in southern california early yesterday. witnesses say the retired football star's suv flew off an embankment in the san diego area north of there, down to the beach below. >> he zoomed right off the cliff, man. he zoomed off the cliff at about 50 60 70 miles an hour. he zoomed off the cliff. he cleared the cliff. that's how fast he was going. scared the hell out of me. >> hours before the crash, seau had been arrested on suspicion of domestic violence. the british woman responsible for a cat dumping that horrified pet lovers around the world faced justice in court this morning. in august you might remember mary bale was caught on surveillance video stroking a cat before throwing it in a trash bin. this morning bale pleaded guilty to animal cruelty and is ordered to pay $2100 in fines. that cat was eventually found unharmed. and finally, the chance of it happening are 1 in 4 trillion. but it did. over the weekend, the weekly state lottery in israel drew exactly the same six numbers as it did just three weeks earlier. the numbers 36 33 32 26 14 13, and the strong number of 2. the lottery company checked their system but says nothing's wrong. again, 1 in 4 trillion chance. 13 minutes past the hour right now. we turn to dave price. at 7:14 that's our first look at the weather this morning. erica, over to you. >> dave thanks. there are some new developments to report this morning in the search for the body of american david hartley. his wife faced another round of tough questioning from mexican authorities yesterday. cbs news correspondent don teague joins us this morning from texas with the details. don, good morning. >> good morning, erica. tiffany hartley has now undergone more than 16 hours of questioning by mexican authorities, and says she has told them everything about the day her husband was killed. after a second marathon day of questioning by mexican officials, tiffany hartley emerged last night, saying more than 16 hours of reliving the murder of her husband had left her emotionally exhausted. >> of course hearing it over and over and then reliving it over and over very emotional. i've cried several times. >> reporter: david hartley was shot and killed september 30th while the couple jet skied on the mexican side of falcon lake. allegedly by members of mexican drug cartel. mexican authorities suspended the search for hartley's body last week after the lead investigator in the case was himself murdered. the lengthy interviews have drawn criticism from the texas sheriff, also investigating the case. >> i believe what they're trying to do is discourage her from filing a complaint. >> reporter: but hartley believes mexican authorities are trying to help her. she's even been questioned without an attorney. >> i have nothing to hide. i have absolutely nothing to hide. >> reporter: tiffany hartley plans to move back to colorado in the near future. but says she can't go just yet. >> i'm the one that's holding everybody back and holding the move back. that's me. >> reporter: for now she needs to stay in texas, and fight to bring her husband's body home. >> david's giving me the strength to fight for him. i know in my heart, if it was switched, he would be standing here in front of all of you, doing the same exact thing for me. >> well, mexican officials haven't said when they plan to resume the search for david hartley's body. but, tiffany says she remains hopeful that they will find him. erica? >> don teague in mccowan, texas, don, thanks. coming up the video of a woman just moments after she was killed in a car crash. shot by a first responder, and then sent on to her parents. we'll hear from them. >> and that massive security breach at facebook as many users asking if their information is safe. we'll walk you through what you need to know to protect your privacy. you're watching "the early 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[ female announcer ] introducing the eraser foundation from maybelline. our patented applicator and formula with collagen goes beyond covering. micro-corrects, micro-erases signs of aging. the eraser. only from maybelline new york. cooked numbers, false attacks. the truth? frank kratovil is ranked one of the 10 most independent members of congress. frank kratovil does not follow anybody's party line he looks at his district, his family, the community, and that's the important thing to him. endorsed by the chamber of commerce, the nra, veterans, and police officers. as a career prosecutor i made decisions on facts not politics, in washington i've tried to do the same. i'm frank kratovil and i approve this message. it is such a tragedy when you lose anyone. parents in georgia lost their 23-year-old daughter mother of two, a horrific accident. their told as soon as her car got involved in this accident she was killed instantly. but then their grief compounded when they are sent recently, a video of their daughter, taken moments after her death. gruesome, of course effects of that accident. we're going to find out how that could have happened. >> also, facebook users, if you're out there, one of those 60 million people playing farmville, you just think you're playing farmville. someone is culling your personal information. even as you are planting your crops. we'll tell you how to avoid that in the future when "the early show" continues. >> this portion of "the early show" sponsored by chrysler. 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[ coughs ] [ female announcer ] send a kleenex brand share package for free today at kleenex.com. softness worth sharing. ♪ ♪ starbucks. >> right. >> looking to maybe make a little change in the afternoon. >> yeah. >> not some fancy new drink with a long name. something that's been around longer than coffee. how about a beer? >> shifting from the latte to a lager? >> there you go. but perhaps a little vino. it could happen. lots of traffic. sharon is locking there and elsewhere. marty is in first work weather. >> let's take a lack at first warning doppler radar. we're getting ready to see an end of the steady rain. lack at the forecast. the general outlook is mostly cloudy skies after morning rain. 62 degrees is going to be the high temperature but the yes night rain has already caused problems. here's sharon gibala, wjz traffic. you knew the rain would have problems. we have accidents coming. fortunately, none of them too serious. one of them between franklin and owings mills boulevard. then one on route 30 at route 140. edgewood at tremble road and two in howard county. as far as delays go, that's on the west side as well as 795, 95 and 83. this traffic report is brought to you by bill's. bill's has got it all for you. in the news the family of a southwest baltimore man killed in a fire said his death could have been prevented. andrea fujii has the latest. >> reporter: the closest fire station to the victim's home was 10 blocks away but due to rolling closures it was closed. now the family of the victim james wise said politicians are to blai. the fire cleave said it took the responding companies less than four minutes to arrive, traveling 20 and 30 blocks to get there. he said the rolling closures had no impact on wise's death. the three men convicted in the murder of city councilman ken harris will be sentenced. charles mcganey and jerome williams were found guilty of murdering him. they both face life in prison. gary collins was acquitted of murder but found guilty on gun charges. two weeks away from the clption and the polls show governor o'malley in the lead with 43%, two percent higher than three months ago. his competitor bob ehrlich as 42% of the voa. stay with wjz 13's maryland's news station. up next, facebook security concerns. and the latest on the assault allegation against teen pop star justin bieber. it's steil still raining if -- it's i like a party as much as the next gal but, come on. $60,000 for one dinner held by the department of justice. $66 per person just for bagels at one of the nasa's shindigs. i cracked down because big government shouldn't be funding big banquets with your money. some people say i'm a bit of a tightwad. i say, i'm barbara mikulski and i approve this message so you'll know i'm fighting for you. some energy. we need that. harry smith is all fired up too. welcome back to "the early show." >> it's tuesday, after all. coming up more about facebook for you half a billion people out there using facebook every day. well, they are apparently scrambling to close the massive security breach. information of millions of users leaked to advertisers, other data firms. it's kind of -- there's a whole sort of question behind that how complicit was facebook in this? >> yeah, there are a lot of questions about that. >> there are a lot of logarithms and how they apply people in and out of the access to what you're doing. we're going to talk to a tech expert on how to keep your privacy information actually private. >> and when they tell you you're going to be sharing some of your information, give you an idea of what that actually is. also ahead new offerings from the people who brought you the grande half cav sugar free latte. starbucks is testing wine and beer sales. there you go. after 4:00. could your barista become your neighborhood bar tenders? we'll take a look at those plans for a new happy hour. we are turning to a much more serious story about a new shock for a grieving family in georgia. first their daughter is killed in a horrific car crash, and then the parents receive a graphic video of her just moments after that accident. it's a video that in fact is posted online. jeff glor has more on that story. >> it is indeed hard to imagine. these parents already trying to recover from the shock and sadness of losing a daughter, and then this happened. a small wooden cross marks the spot where 23-year-old dayna kempson shack died last july 17th. >> it was a very violent, very horrific crash. >> reporter: the mother of two lost control of her car and hit a row of trees just off highway 1941 near griffin, georgia. the corinneoner told her parents dayna died instantly. but 2 1/2 months later the kempson's pain deepened immeasurably, when they received a video on their cell phone, 30 seconds filled with graphic images of their daughter, taken only moments after her death. >> it was bad enough that we lost our daughter. and now to have to deal with something like this is just -- it's just beyond words. >> reporter: the video, it turns out, was taken by a first responder on his cell phone. >> oh, my god, it's really bad. >> reporter: it was shared with other firefighters and then shared again at a local bar. soon the video went viral. investigators say they don't believe any laws were broken in either the taking or sharing of the video, but that is small comfort for the kempsons. >> when i close my eyes it's not fair that that video is what i see of my daughter. >> reporter: the county now is also looking into whether any of its internal rules may have been broken. >> i can't imagine that someone would actually send that video to the parents. >> it seems like what happened here is it wasn't actually sent specifically to damage them. this was going around town everyone was seeing this and someone sent it to the parents saying, just so you know, this is out there. and they saw it. doesn't make it any easier. >> but at least the intentions were somewhat more pure. what about the person who took this video? is he or she coming forward speaking out explaining why? >> it was a firefighter who did this. on the scene, at the time. he has not said anything yet. might be surprised at this point if he does because obviously the county right now is what we're seeing is the end of the steady rain we had overnight. i want to widen this out just a bit. i think you'll see we're pretty much done with the steady rain. take a look at the forecast. scattered showers for the next two hours. 59, a high of 62. really, much of the day mostly clcl and now here's harry. >> all right, erica, thanks. this morning, facebook is promising to shut down another security breach. many of the social network's most popular apps including the game farmville, a lot of people playing farmville, which reaches 58 million folks, have been giving private personal information to advertisers, and internet companies. our technology expert katie linendoll is here with more. good morning. >> good morning. >> what is this all about? >> i know. and i feel like we were just here talking about facebook and privacy three months ago and six months ago and a year ago. >> yeah. >> constantly facebook is synonymous with the word privacy. so what is going on now? okay, here's the deal. if you are on facebook or one of your friends, you're probably accessing an application like farmville. these are third-party applications. mafia wars poker. >> all those on that same page. they all come off of there. >> those are all third party apps. when you agree to the terms and conditions of the third party applications you're saying okay, i agree to the terms, you can access the data that i've made public in my profile. >> wow. >> however these third party applications, farmville for example, can access that data. they can now sell it to a fourth party advertiser. now "the wall street journal" reports that they are selling this information to fourth party advertisers. >> right. >> in the top ten most powerful apps, the most popular apps are actually guilty of giving the users unique i.d.'s information to the fourth party. why is this a big deal? this is a big deal because it's a breach of facebook's privacy policy. it's like every time they clear their name with the privacy issues, something else pops up. >> surely surely surely though, facebook had to be aware of that. they're sitting there fully aware of they're looking at the agreement that you punch when you say, yes, i want to play this, do basically gives your information away. >> right. and in light of the situation, i do want to get this right, they said that they will dramatically limit how much information third parties can access. >> right. >> but you can't tell me that again, to your point, they had no idea this was going on. and we just talked about the ten most popular platforms. >> right. >> i want you to understand there are 550,000 applications on the facebook platform. how long did they know about this? >> right. >> and do they have control of their platform? that's the question. >> okay. so, facebook says we're going to compensate for that. we're not going to compensate people who have been victimized by it but they're going to make sure that this won't happen to the future. >> that's the plan. so, what i think is smart with facebook is they're always running. there is no government law caught up to this digital privacy issue. and until that happens they can keep running this edge and keep apologizing. they keep comeing out with privacy problems, sorry about that. my bad. it keeps happening. >> if you're going to be smarter than the stuff you're using how do you protect yourself in the future from -- i just want to play farmville? >> i just want to water my crops. that's all i want to do. >> that's all i wanted to do. i needed to harvest. they're going to rot in the field. >> right. if you're freaked out about this right now, oh, my gosh, i don't want my privacy, you know being jeopardized, if you don't want to get played don't play. that's the bottom line. but there's also something you can do and this circles back to the whole idea of listen go back into your privacy setting, take two minutes out of your day, you're spending hours on facebook and update those privacy settings. make sure they are set to the strictest application. in the bottom left we're showing you the applications and websites. make sure that no third party applications can access your data. that's a key here. i want to make this clear. you may have tuned out on this conversation and said i'm not playing mafia wars i'm not playing farmville. friends that are on these applications, they can access your data even if you're not playing, your friends are, they can tap in. >> of course you are. every time it says i agree you're agreeing to something you probably don't want to agree to. >> yes. >> katie, thank you very much. up next, is happy hour coming to starbucks? 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[ male announcer ] breathe better, sleep better feel better. now try new breathe right advanced for free... at breatheright.com. [ woman ] it's my right to breathe right. isn't it your right, too? whatcha doing little bite™? trying to be big like you, dad. you're so good at keeping everyone full... and focused with your fiber. [ laughs ] but you already are great at doing that. really? sure. you're made with fiber just like me. but best of all, you're the perfect size for smaller kids. [ female announcer ] give your little ones kellogg's® frosted mini-wheats® little bites™ cereal in chocolate and now original flavor. they're an excellent source of fiber packed in a smaller size. [ 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! a little something new brewing at your local starbucks. the coffee chain is currently testing sales of wine and beer. "early" show national correspondent hattie kauffman has the details. >> reporter: soon when you ask for a cold one at star bachs may not be getting an iced latte. the chain that introduced us to the $4 cup of coffee is now experimenting with the $8 glass of wine. the seattle location is the first to offer alcohol. beer and wine along with espressos and cappuccinos. >> starbucks gets something like 70% of its income before 2:00 p.m. so they're really trying to make the end of the day more profitable. >> reporter: to combat rivals in the $15 billion consumer coffee business starbucks has repeatedly tried to reinvent itself. introducing a cheaper cup of joe to compete with mcdonald's in 2008. and last year, launching a line of instant coffees. still, customers aren't sure they want their barista to become a bartender. >> it will kill the whole vibe of starbucks. >> it's just going to be a little too rowdy. >> reporter: what would you think might happen if they start serving beer and wine? >> i think there's going to be a lot of people coming in getting a grande beer with a double shot of chardonnay inside of it. >> reporter: the chain is redefining and redecorating, installing a bar and community tables that can seat 15 to make starbucks look less like a coffee shop. >> so the people will come back and sit in these communal tables and drink either coffee or perhaps now wine or beer. if people stay and drink anything and they're paying for it starbucks wins. >> reporter: in 2009 starbucks was forced to cut more than 6,000 jobs. the hope here is that this new brew of alcohol and caffeine will add business. hattie kauffman, cbs news, los angeles. >> you know they tried similar things before. in the late '90s, early 2000s, they had high speed internet, a full bar, you could get all of this stuff there. they tried some restaurants. >> yeah. >> we'll see if it works. >> do you get a little plastic cup with a kind of a little thing around it that you can carry out of the -- >> oh, i don't think it's to-go cups, no. and your barista has to card you. just ahead the latest on the police investigation into teen star justin bieber's alleged altercation. we'll tell you what the pop star just may be launching as a result. that are good for you. new v8 v-fusion + tea. one combined serving of vegetables and fruit with the goodness of green tea and powerful antioxidants. refreshingly good. 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( boy shouts, water squirts ) - welcome to my world. - thanks. do you know scott? scott towels are cleanup, done right. teen superstar justin bieber is not speaking about what happened during a game of laser tag last week. but, officials in canada say the father of the boy allegedly assaulted has now officially filed a complaint. correspondent priya david clemens has more from vancouver. >> reporter: harry online reports say justin bieber may have been the target of an anti-gay slur while playing a game of laser tag in a vancouver suburb. now the teen is planning to speak out during a concert here tonight at the rogers arena about the kind of bullying that made headlines so recently. ♪ for millions of teenage girls, justin bieber can do no wrong. but the star with the squeaky clean image is now being investigated for an alleged assault on a 12-year-old boy during a heated game of laser tag. >> the boy sustained minimal injuries as a result of the incident. >> reporter: online reports say bieber was cornered at this canadian arcade by a group of boys who called him a gay slur. >> justin you know tried to get out of the way and accidentally hit one of the kids or bumped into the kid and the kid started crying. >> reporter: so far, camp bieber is keeping quiet about the incident. his twitter page makes no mention of the melee. instead, he touts his concert tour, where he's expected to make more than $20 million. his fame and fortune can put bieber in the crosshairs for trouble. >> even though he's a 16-year-old boy, he's a very wealthy 16-year-old boy. and that makes him a potential target for scam artists. ♪ >> reporter: bieber's music is typically about teenage love. but reports say at tonight's concert he's prepared to speak out against anti-gay bullying joining a host of celebrities who have recently shared the same sentiment. >> if you're feeling helpless or hopeless, there's always a safe place to turn. >> reporter: bieber, who is not gay, could reach a lot of teens with his message. >> all the girls that like him will stop bullying just because he said so. >> reporter: he is hugely popular. his hit "baby" is the most-watched youtube video of all time. with more than 360 million hits. >> really have the ability to change that landscape, and having people like justin bieber speak out on behalf of bullying and how wrong it is can really make that change. >> yeah man. >> reporter: the latest online reports say there may not have been a slur at all and bieber may have been trying to push his way out of a group of packed kids. either way the royal canadian mounted police are continuing their investigation. no charges have been filed at this time. harry? >> priya david clemens, thanks. we'll be right back. you're watching "the early show" on cbs. [ male announcer ] for frequent heartburn relief nothing beats prevacid®24hr. just one pill helps keep you heartburn free for a full 24 hours. prevent the acid that causes frequent heartburn with prevacid®24hr, all day, all night. nothing works better. good morning! ♪ ♪ [ female announcer ] nutri-grain -- one good decision... ♪ ♪ ...can lead to another. ♪ ♪ ♪ ♪ ...made with real fruit and now with more of the whole grains your body needs. nutri-grain can help you eat better all day. martin o'malley -- he's taxing me like i'm rich. every time i go to the grocery store, i pay a little more. college tuition in maryland is going up. my utilities are going up... but o'malley would raise our taxes even more. jobs are leaving our state. will my daughters find jobs here? frankly, in this economy... i have no more to give. bob ehrlich -- he won't tax us like we're rich. he'll say no to things we can't afford -- just like we do at home. bob ehrlich -- because we can do better. ♪ ♪ trying to do the right thing. >> yes. >> you're trying to get in shape. you're eating better. >> yep. >> you say i'll have a smoothie for lunch. may not be the best choice. could be ruining your diet. and it's not the only one. with ola nge that. olay bodywash has 2 times the combined cleansers and moisturizers and 25 percent less water than the top selling bodywash. soft, smooth skin. with olay. healthy smiles start at the gumline. fortunately, there's new crest pro-health clinical gum protection toothpaste. it helps remove plaque at the gumline helping prevent gingivitis. and it's even been clinically proven to help reverse it in just four weeks. new crest pro-health clinical toothpaste. dog: bacon? gotta get that bacon! smokey bacon crispy bacon, tasty bacon! where is it? where is the bacon? tv newscaster: bacon popular story at 11. dog: yummy. crunchy. bacon. bacon. bacon. there, in that bag! mom: who wants a beggin' strip!? dog: me! i'd get it myself but i don't have thumbs! yum, yum, yum... it's beggin'! hm... i love you! i love bacon! i love you! i love bacon! i love you! beggin' strips! there's no time like beggin' time! share the fun at beggintime.com traffic and weather. >> it didn't wake you up overnight. this was really coming down. it's been very interesting through the morning. let me show you something on a line north of annapolis is where we have seen the rain. it's been geographically, a heavy degradation. let's take a look at the outlook. it looks like a stalled front. 62 is the high. this day in the mid-40s. much of the same tomorrow. now over to sharon gibala at wjz tv traffic control. it's been busy from the get go and it stays that way. an accident approaching general highway. another one in reisterstown, another one in columbia. in pasadena a wreck at wood road. fire activity still blocking schilling road between york and pepper. 19 minutes between whitemarsh boulevard and 895. that is a look at 695. heavy volume. looks like a picture of an accident. there is a live look at 295. watch for delays on 295 as well in the area where -- area of arundel mills. this traffic report is brought to you by halloween city. a southwest baltimore man dies in a fire. the family says because a nearby fire station was closed for the night. andrea fujii stays on the story. >> reporter: the closest fire station to the victim's home was 10 blocks away, but because of rolling closures, it was closed. now the family of the victim james wise said politicians are to blame. the fire chief said this took the responding companies less than four minutes to ray rife, traveling 20 and 30 blocks to get there. he said the rolling closures had no impact. the mayor said her budget was able to reduce the amount of closures from five to three. back to you. >> up next, how to get a raise, what to do to increase your salary by $5,000. the seemingly healthy foods that can actually wreck the ♪ our low fares can only be found ♪ ♪ at just one site -- so don't ya mess around ♪ ♪ is a southwest flight what you hope to score? ♪ ♪ only southwest.com... ♪ [ sharon ] ♪ for tickets and more ♪ ♪ southwest.com... ♪ ♪ it's where you go! ♪ ♪ southwest.com... ♪ ♪ for fares so low! ♪ ♪ only southwest... ♪ ♪ two bags fly free! ♪ ♪ southwest.com... ♪ ♪ sing it with me! ♪ [ all ] ♪ southwest.com ♪ ♪ only at southwest.com ♪ southwest! -[ ding ] -[ laughter and applause ] heh heh heh heh! [ gasp ] [ sigh ] hurry in to dunkin' donuts for 50 munchkins or a dozen donuts and get a free trick or treat bag. oh, we have a good time out here at the corner of 59th and 5th. >> the crowd is making a very good effort this morning. >> oh, golly. welcome back to "the early show," everybody, i'm harry smith along with erica hill. maggie is on assignment today. >> that she is. just ahead this morning, you probably start that diet with the best of intentions. we all do right? but then it's time for lunch. >> yeah. >> and it turns out some of the healthy foods you think, or the foods you think are healthy that you're choosing that yogurt perhaps, a smoothie, going to the salad bar at lunch. if it's low fat you think, hey i'm on a diet i'll go with the low fat. maybe not so much. >> all right. >> we are going to help you spot those little kinks in your diet plan. the fakeout foods as we're calling them so you can perhaps succeed. >> and do not let this tough economy stop you from asking for a raise. >> ooh. >> don't let it stop you. but you still may want to think twice about it. financial guru rebecca jarvis will show you the right and wrong way to negotiate a pay increase. first, however, jeff glor is at the news desk, and he has a check of the headlines. good morning, jeff. >> yes, thank you. very much. can i get one, guys? >> no. >> good morning, guys. good morning, everyone. two weeks before the midterm elections now, republicans are still hoping they can take both the house and the senate. a just-released cbs news knowledge networks poll conducted online found the biggest problem for democrats is independent voters who voted for the president in 2008. just 42% say they'll support a democrat this year. 12% plan to vote republican and 38% have not made up their minds yet. in the closely watched nevada senate race tea party backed candidate sharron angle has come under fire for bizarre remarks she made friday to a group of hispanic students. she was defending an anti-illegal immigration ad, which included a picture of mexican farmers. >> what we want is a secure and sovereign nation and, you know i don't know that all of you are latino. some of you look a little more asian. >> she said she felt they looked asian. angle's campaign said she was making that point that you can't judge people based on how they look. angle is running neck and neck right now against senate majority leader harry reid. 37 governor ships are in play on election day. and in new york andrew cuomo has significant lead over republican carl paladino. last night they were joined by five other candidates in a debate that had its lighter moments. >> it's too hot! >> candidates from the quote rent is too damn high party had the same answer for every question. another candidate kerstin davis who ran an escort service called for the legalization of marijuana and rejected a proposed stock transfer tax. >> businesses will leave this state quicker than carl paladino at a gay bar. >> all right last week paladino said he doesn't want children brainwashed into thinking homosexuality is an equally valid and successful option. the french government says it will crack down an unruly demonstrators protesting on plans to raise the retirement age. police and protesters clashed this morning outside paris. workers are striking nationwide and have blockaded a dozen french oil refineries, leading to scattered fuel shortages. the french government wants to raise the minimum retirement age from 60 to 62. in the russian republic of chechnya, security forces secured the chechen parliament this morning after insurgents launched a deadly attack. a suicide bomber and two gunmen attacked early this morning before being killed by police. two officers and a civilian were also killed in that insurgent attack and 17 others hurt. russia has been battling chechen separatists for years. a record-setting pot bust in mexico. eleven suspects were arrested by mexican soldiers in raids yesterday in tijuana. and they seized 105 tons of marijuana worth $340 million on the street. some of the neatly wrapped packages had the image of ar toon character homer simpson, with a phrase in spanish with a double meaning, either quote, i'm going partying so what or i'm crossing illegally, so what. caught an camera a violent outburst in oregon. a video has been released of 55-year-old felix overturning a table and fighting with a deputy inside the courtroom. this happened last tuesday. other deputies then rived to subdue him. on friday he was convicted of two counts of sex abuse and one count of witness tampering. the crystal cathedral is bankrupt this morning. the southern california mega church founded by the reverend robert schuller has filed for bankruptcy with over $43 million in debt. that church was founded in the mid '50s. the hour of power tv evangelist show and sunday services will continue, they say, in bankruptcy. a new study says that airline delays cost passengers a lot of money. a government-funded study found the cost of airline delays to passengers in 2007 $16.7 billion. for lost time and additional money spent. the cost to airlines for delays was $8.3. mostly for extra fuel crews and maintenance. the overall cost to the economy was almost $33 billion. and a man in china might have been asking, can you hear me now? the answer is no. he dropped his cell phone into a toilet, take a look at this got his arm stuck, rescue workers had to take the toilet apart. the man finally escaped, we're told with only minor cuts and bruises to his arm, and a severely wounded pride, obviously. they did find that water logged cell phone, by the way, unsurprisingly, it does not work anymore. six minutes past the hour. katie couric has a preview of tonight's take a look at first warning. i will give you a serious answer. we're looking at steady rain finally getting its way out. i think we'll be living pretty big. take a look at the forecast, mostly cloudy skies and 62. you got hundreds of contacts and you haven't backed them up on your computer. if it's a work phone are a in trouble. you have to get it. 62, still a touch of rain tomorrow. this weather report sponsored by kashi. seven whole grains on a mission. >> that's a quick look at your weather picture. thanks for coming out folks. we appreciate it. all right, erica, we'll send it back inside to you. just ahead, you're trying to stick to that diet. you're trying to make healthy choices but you're still not losing weight. could be some food fakeouts. we'll explain when we return. 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[ female announcer ] letting go of your cigarettes can be hard. but the nicoderm cq patch gradually steps you down off of nicotine in just three steps, doubling your chances for success. nicoderm cq. 3 steps, 10 weeks and you're free. ♪ i loved you, sweetness ♪ ♪ but you're not sweet you hit on my friends ♪ ♪ i'm not your fool i won't just sit here and drool ♪ ♪ i'm tired of sharing you this is the end ♪ ♪ so i found a new love a natural true love ♪ ♪ that comes from a leaf green and bright ♪ ♪ zero-calorie, guilt-free no artificiality ♪ ♪ my soul sings with joy and delight ♪ ♪ its name is truvia i had no idea ♪ ♪ and i am loving every single bite ♪ [ announcer ] truvia. honestly sweet. in this morning's "healthwatch," food fakeouts. still feeling a little pudgy even if you think you're eating right? here to explain why that could be is dr. pamela peeke, webmd's lifestyle expert. bottom line we think we're doing something right, and, in fact a lot of times we're making it worse on ourselves in terms of foods that we pick. >> absolutely buyer beware. we've got some great examples right in front of us. >> one of the things i found, more and more people seem to talk about and use as a go-to, even as a meal replacement, i'm going to have a mathee it's much healthier. >> well it sounds healthy. but guess what? the grand majority of smoothies, if you don't know what you're getting have more calories than a cheeseburger with a side of fries. they have fat in them because it's full fatted milk they ofttimes use. they throw in tons and tons of fruit concentrate, not truth. >> and even if they use yogurt, it could be sweetened yogurt. >> absolutely. >> what do i need to look for? >> how about low fat or plain yogurt. how about some protein powder, and what's wrong with fresh fruit? i kind of like that one. >> and frozen fruit is fine as long as it's whole fruit. >> thaw it out. during the wintertime you get the blueberries and high levels of antioxidants. and if you're going to have it made by someone else open your mouth and ask, what are you putting in my smoothie? >> like you said buyer beware. you've got to know what's in it. when it comes to things like energy bars this is a real culprit. >> people think, energy bar. number one you're not an olympian. you're sitting there at your desk. there's a little news flash. the grand majority of these are expensive candy bars. they have more calories than candy bars themselves. >> wow. >> and so -- >> also high in sugar a lot of them. >> you can also get 500 calories out of one of these. and if you want to walk it off that's five miles for an average person. forget it. if you're going to get an energy bar, 200 calories is the absolute max. five grams of fiber, and please make sure there's protein in there, too. >> things to look for there. yogurt. >> oh, come on. >> yogurt can be really confusing to a lot of people. >> it sounds so good, except for all the fruit stuff they put in there. >> and the stuff is the operative word here. >> i'm not going to go there. and then of course what you're getting are a huge number of refined sugar calories. what's a better way to go? what's wrong with plain yogurt add some fresh fruit, or again, that thawed frozen fruit, put a little brown flax seed in there and some chopped walnuts and we're home. and we love that. >> and you want to make sure it's either nonfat or low fat. >> absolutely. >> and then avoid the fruit on the bottom. >> we just want to watch out for that sugar. >> at the salad bar. most people know when they're dieting you don't want to perhaps as harry smith has been talking about doing this morning, go for three ladles of the bleu cheese dressing or the ranch. do we have to be worried about chic peas? >> if you look at something like chic peas what you have is you have a food that's been in a can with lots of salt. so if you want to bloat out and end up in another county with bloat, then that's the way to go. rinse them. if you ever need to use this rinse them at home and you get all that salt off. same with the artichoke hearts and the same thing with the olives. if you look at the salad dressing, bet you didn't know that a quarter cup of that has 240 calories and over -- you haven't heard the best yet, 24 grams of fat. >> wow. >> that sort of canceled out the 900 hours you just put in the gym. who needs that. >> okay. those are things to look out for. look out for the sodium and also the fat. before we let you go low-fat granola. low-fat in general can be a misnomer. what do i need to look for on a package? >> okay, a news flash for all americans, low-fat does not mean low calories. or low sugar. so number one, look at the serving size. this is not a huge -- this is not a serving. a small amount of granola, number one. number two -- >> this is like three servings. >> or maybe like 33 servings. it's very dense in calories. you have to be very careful about serving size. when it comes to things like the muffins and they say oh, it's low-fat muffin. if it's low-fat that means it's high sugar and vice versa. be very careful. >> and size too. >> that's an ideal size except if it's a low-fat one, read the label. it will say oh, yes it's only 100 calories per serving. and there are two servings, so cut it in half. >> bottom line you still have to read the label to understand what you're getting. dr. peeke thanks. for online tips to help you make healthier choices logon to our partner in health webmd.com, search for food planners. coming up dos and don'ts for negotiating a raise during these tough economic times. you're worth it. ask for it. just do it the right way. this is "the early show" on cbs. >> "cbs healthwatch" sponsored by tums. fights heartburn fast.43h