50th anniversary. was there a problem with the tracks? murder spikes, what's behind the one year biggesten ecrease ever. in philadelphia where they're struggling to get con crimes under control. reagan shooter to be freed 40 years after he nearly killed then president ronal reagan. john hinckley oaf reach also a deal. and deadly fentanyl. facebook reversal, whoo i the social media giant is pulling plans to launch instagram for kids. spanish heritage month celebrating the culture in a new light. >> o'donnell: good evening. thank you so much for joining us. we begin with breaking news from new york. in one of the most prominent trials to have the #metoo era, a federal jury convicted r&b soar sta r kelly on all counts, eight of sex trafficking and one count of racketeering, usually associated with mobsters. prosecutors accused kelly of grooming young women and minors luring them into unwanted sexual relationships. for decades he denied my wrongdoing and at first his career soared, concerts sold out and 12 albums went platinum. a documentary focused on allegations and gave voice to accusers. soon after new state and federal charges followed and now he's a convicted sex offender. cbs's jericka duncan reported extensively on this case and joins us from perfect in brooklyn. good evening, jericka, what a day. >> yi, it has been a day, norah. this was an historic case that was highly anticipated. one investigator said r. kelly believed his fame would drown out the the voices of his accusers. but, of course, women took to the stand and described sexual abuse so graphic we can't even go into detail on television.ind the women. the verdict came swiftly for r&b singer r kelly offa weeks of sexually explicit testimony. the 54-year-old was found guilty on all sexual abuse counts for racketeering and sex trafficking volations. it took the juryov seven men and five women around nine hours to reach a verdict. one spectator could be ladder weeping as it was read. acting u.s. attorney jacquelyn kasulis -- >> no matter how long it takes, the long arm of the law will catch up with you. ♪ i believe i can fly ♪ ♪ i believe i can touch the sky ♪ >> reporter: for decades the three-time grammy winner topped the charts of mega hits, but allegations of sexual abuse kept mounting, some seen in this 2009 documentary surviving r. kelly. weeks after its release, he was arrested on charges of sexual abuse. he denied the accusations. >> i didn't do this stuff! it's not me! i'm fighting for me ( bleep ) rights! >> reortet one po ef d cbs's gayle king in an exclusive interview. >> robert... ( shouting ) >> reporter: the prosecution called 45 witnesses, 11 accusers and six testified they were underage when kelly began sexual encounters with them. prosecutors argued kelly ran a criminal enterprise using fame, money and power to control and sexually abuse his victims, like r&b sick singish allyia who was around 13 when it began. jane doe number 9 said she was underage when r. kelly forced her to engage in sexual acts. if you could describe for me how you're feeling after hearing the news. >> i'm feeling extremely happy, relieved. i'm so proud of the women who were able to speak their truth. >> reporter: kelly did not take the stand but jurors ladder the testimonies of five defense witnesses. and kelly will be sentenced in may of next year. he's facing decades behind pars bars. when i asked an attorney on kelly's team if they plan to appeal this case, he said there will be a lot of monday morning quarterbacking on this one. kelly still faces a federal trial in chicago. >> o'donnell: finally, justice for the victims. jericka duncan, thank you. we turn now to the covid pandemic. tonight two out of every three american adults are fully vaccinated and the next wave of booster shots is understoodway with president biden wasting no time getting his today. cbs's errol barnett reports from new york where a key vaccine mandate is kicking in. >> reporter: americans are lining up to get the pfizer booster shot after c.d.c. cleared the way friday for millions or those at high risk to get a dose. 340,000 have been administered since then including those who are immunocompromised. even the president rolled up his sleeve and while receiving his third dose addressed nearly a quarter of americans who are yet to get their first. >> boosters are important but the most important thing we need to do is get more people vaccinated. >> this as thousands of new york hospital workers face an ultimatum, get vaccinated or be terminated. >> it's not a role i relish but i am also realistic to know there are people who will not come back to their jobs. >> reporter: new york's governor is considering calling in the national guard to help fill positions, while 84% of state hospital workers are fully vaccinated, more than 83,000 are not. >> are you really ready to give up your paycheck? a lot of people will say at that point, wait, i'll gelt vaccinated. >> reporter: already happened at new york presbyterian which implemented its man date last week >> you don't want to shame anybody, certainly nobody wants to lose a job and we don't want anybody to lose their job but we felt that had to be the choice people would make. >> reporter: new york is one of six states thus the district of columbia that have vaccine mandates in place for healthcare workers. despite some protests nationwide. do you feel, then, it fakes takes a mandate to get everybody vaccinated? >> we felt unless we had a mandate we would not get to where we needed to get to as an institution to protect our patients, to protect our staff, and each other. >> reporter: the doctor also tells cbs news 30% of staff in his system were unvaccinated over the summer and there was a real rush to get the shot right before the deadline. the number of staffers who missed that cutoff and were dismissed, fewer than 1%. also tonight a federal ruling new york city can proceed with vaccine mandate for school staff and employees. >> o'donnell: the mandate does work. errol barnett, thank you. tonight, federal investigators are poring over video from the amtrak train that jumped the tracks in montana sunday. they're looking for clues in the accident that killed three passengers. cbs's meg oliver reports fromth. >> reporter: 9511, what's your emergency. hi, i'm on an amtrak train in montana that just crashed. >> reporter: these 911 recordings captured the terrifying moments immediately after an amtrak train from chicago to seattle derailed along a remote stretch in north central montana. >> send an ambulance. okay. approximately how many do you think? lots? bad? >> yeah. >> reporter: of the 141 passengers and 17 crew members aboard, three were killed, dozens were hurt. today the dead were identified as 74-year-old donald varnadoe and his wife 72-year-old marjorie. the georgia couple was celebrating their 50t 50th anniversary. and zach schneider, 28, of illinois, a green bay packers fan, he was traveling with his 26-year-old wife rebecca, who was unhurt. today, ntsb investigators combed the scene in search of clues to the cause of the crash. the train had been moving below the 79-mile-per-hour limit at the time of the accident. the tracks went through a regular inspection just two days earlier. >> we are not ruling anything out at this point. we have ruled everything in. >> reporter: late this afternoon, those cars that remained upright were rolled away. >> oh, my god it's on its side. >> reporter: social media captured the scope of the damage. railcars tossed on their side, passengers stranded, luggage scattered. >> i was laying down in my compartment on a bed, so, luckily, i just tumbled. >> reporter: andrew sivula was bound for portland. >> i heard a loud bang and then the cars tipped snood wayne freed was switching carbs when he held on for dear life. >> my legs were dangling below and the the windows broke out below which is eventually how we escaped. >> reporter: tonight i talked with zach schneider's widow over the phone, she said they have r they were traveling to portland, oregon where they spent their honeymoon seven years ago. she called him the kindest, most decent person you would ever meet. >> o'donnell: thank you so much. president biden faces the most pivotal week of his presidency. house and senate democrats are rushing to complete work on the president's multi- trillion spending plans and on top of that a government shutdown is looming. cbs's nikki battiste has all the >> voting no says let's risk it. >> reporter: over a potential shutdown. >> we will not provide republican votes for raising the de l >> reporter: congress at odds over how to avoid an historic default on the nation's debt and keep the government open before funding expires friday. without a resolution, agency services could be halted and roughly 800,000 federal workers would be furloughed with suspended pay. at the white house, president biden exuded confidence as the main pillars of his legislative agenda lang in the ambulance -- hang in the balance. >> i think people will go well. we'll get it done. >> reporter: house democrats huddled behind closed doors ahead of a possible vote this week on the president's $3.5 trillion social spending package, includes an estimated 4r50 billion for university pre-k and to lower the cost of childcare, 327 billion for affordable housing and 225 billion for paid family and medical leave. if somebody wants less than 3.5 trillion, what do you want to cut? the childcare, do you want to cut paid leave? some progressives have threatened to vote against another biden priority, the $1 trillion bipartisan infrastructure bill, without a deal on the larger plan. moderates say there can't be any more delays. do you think the progressives have gotten an upper hand in the process? >> when we vote thursday, i don't look at at this as anybody getting the upper hand. it's about the country. >> reporter: at for the government funding bill, senate blocked it o. they don't want a shutdown and will attempt another vote soon. >> o'donnell: a busy week, nikole killion, thank you a shocking from the nib, murders up since 1960. more from cbs's jeff pegues. >> reporter: it's been a year of brazen b violence nationwide, 23 shot including three killed outside a nightclub in florida. a man opened fire at a convenience store in washington, and in philadelphia a shooter in a car fires on a group, six were shot, one died. >> like everyone i know in philadelphia, i'm outraged by this. >> reporter: over 400 people have been killed in philadelphia tis year alone. >> what can we do to prevent the next murdered by gun? >> reporter: the murder rates soared in 2020, up 30%, the largest increase ever. cities like memphis, milwaukee and des moines all set records. >> it's horrific. >> reporter: ronald stephens the former -- poronal serpas the former police chief says he is stunned. >> indiscriminate use of powerful weapons in crowds of people. >> reporter: experts blame the social and economic toll to have the pandemic coupled with the spike in gun sales, three of every four murders involved a gun. carl day is an activist and pastor in philadelphia. what's going on in the streets with all these homicides? >> what we really see now, man -- unfortunately, we had a perfect storm in a worst way. seeing young boys telling me their closest friends went from being in sports to having an excess of money and suddenly wanted to sell drugs or wanted to partake in violence or purchase weapons. >> reporter: late today in philadelphia, there was yet another homicide. 22-year-old man shot five times. police are still looking for the suspect. norah. >> o'donnell: jeff pegues there in philadelphia, thank you. well, today, a federal judge approved the unconditional release of john hinckley, jr. he's the man who shot and wounded president ronald reagan and three others in 1981. he was found not guilty by reason of insanity and confined to a mental facility for decades. the judge said hinckley could be freed from all restrictions as soon as next june. instagram put on hold a plan for a version of his app meant for those under 18. company facing scrutiny as instagram is revealed to be toxic for teenagers. carter evans. >> reporter: instagram says it needs more time for parents and experts before releasing a new version for photo sharing app for kids so to 13 years old. facebook is already under fire from 44 attorneys general who urge the company to abandon the project saying facebook historically failed to protect the welfare of children. >> i strongly believe it's the right thing to do. >> reporter: instagram says the app is designed to keep kids safe. >> better for parents to have the ability to supervisor and control the experience. >> reporter: the company is also fighting back after internal corporate documents surfaced in the "wall street journal" showing facebook's own research indicated about a third of teen girls who already feel bad about their bodies say instagram makes them feel even worse. facebook released data confirming that, but also downerred the majority of teenage girls who experience body image issues still reported instagram either made it better or had no impact. >> they just put out one page of that slide show today. >> right. and that's not enough. >> reporter: psychology professor jean twenge says outside research shows social media can negatively impact kids' mental health. >> instagram can't be fixed in a way to make it safe for kids 12 and under. it's already not particularly safe for kids over 13. >> reporter: this thursday, facebook executives will get a grilling on capitol hill. carter evans, cbs news, los angeles. >> o'donnell: there's still muc more news ahead on tonight's "cbs evening news." a warning tonight about millions a warning tonight about millions of fake prescription pills laced with a pongs at this deadly drug. hours. asts 12 12 hours?! who studies that long? mucinex dm relieves wet and dry coughs. for the power of a deep clean in minutes try mr. clean clean freak unlike bleach sprays, clean freak begins deep cleaning on contact with 3x the cleaning power to break down tough messes in seconds so, it's perfect for stovetops, tough bathroom soap scum, and even stainless steel. mr. clean clean freak we're eating and drinking foods and beverages that are very acidic. it can soften the enamel. pronamel repair, what it's doing is driving more minerals deep into the enamel surface, that's going to help actively repair. pronamel is taking it to another level. i'm not getting through the pandemic just to end up with the flu. i asked for fluzone high-dose quadrivalent. anolder. just to end up with the flu. fluzone high-dose quadrivalent is the only vaccine approved by the fda for superior flu protection in adults 65+. i'm not letting my guard down. fluzone high-dose quadrivalent isn't for people who've had a severe allergic reaction to any flu vaccine or vaccine component, including eggs or egg products. tell your health care professional if you've ever experienced severe muscle weakness after receiving a flu shot. people with weakened immune systems including those receiving therapies that suppress the immune system, may experience lower immune responses. vaccination may not protect everyone. side effects include pain, redness, and/or swelling where you got the shot, muscle ache, headache, and general discomfort. other side effects may occur. all flu shots are not the same. i raised my game with fluzone high-dose quadrivalent. ask your doctor or pharmacist for fluzone high-dose quadrivalent. >> o'donnell: tonight, we're following new developments in the mysterious death of gabby petito. a memorial service was held sunday for the 22-year-old near her home on, not's long island. the search continues for brian laundrie. speculation his parents assisted him in avoiding arrest they say is wrong and they don't know where he is. the dae is warning of a dramatic increase in overdoses and fake prescription drugs containing potentially deadly dose of fentanyl. these counterfeit pills are made to look like prescription pills, sold on st online. more than 9 million fake pills have been seized just this year. up next, once condemned, now embraced. welcome to allstate. where you can pay a little less and enjoy the ride a little more. ♪ ♪ ♪ ♪ now, get new lower auto rates with allstate. because better protection costs a whole lot less. you're in good hands with allstate. click or call for a lower auto rate today. age is just a number. and mine's unlisted. try boost® high protein with 20 grams of protein for muscle health. versus 16 grams in ensure high protein. boost® high protein also has key nutrients for immune support. boost® high protein. ♪ when you hear 'cough cough sneeze sneeze' ♪ boost it's time for also ♪ 'plop plop fizz fizz' ♪ alka seltzer plus cold relief, dissolves quickly... instantly ready to start working. so you can bounce back fast with alka-seltzer plus. why give your family just ordinary eggs when they can enjoy the best? 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>> reporter: cruising san francisco's mission district in roberto hernandez's 1964 chevy lowrider is both a thrill and a journey through a civil rights struggle. >> and you were arrested for doing this? >> yeah, i was arrested 113 times. >> reporter: did nat push you over the edge to file the lawsuit in federal government. >> yeah -- federal court? , and being brutally beaten outside and in the station. i was done. >> reporter: they drove cars that road low, hopped and danced on three wheels. >> low riding was labeled as bad boy behavior. we were stereotyped, how can they afford the cars, must be selling drugs. >> reporter: he won his lawsuit against san francisco's police and 40 years later curated a museum. >> lo ridersy are in music videos and tv and commercials. >> reporter: forcing thececk start. >> we have become role models for other people in the community. >> because we're human beings with heart, soul and spirits. >> reporter: once a symbol of bad boy behavior, now a celebration offlatino culture. celebration offlatino culture. len ramirez, cbs news, san francisco. >> o'donnell: we'll be right back. you don't become a runner, who breaks eight world records... after age 65, without a serious support system. kathy martin has one in medicare from blue cross blue shield. she won't go a day without the right card. because she can't go a day without running. the medicare coverage trusted by more doctors. this is the benefit of blue. find your local blue cross and blue shield plan at benefitofblue.com people everywhere living with type 2 diabetes find yare waking upe cross ato what's possiblen with rybelsus®. ♪ you are my sunshine ♪ ♪ my only sunshine... ♪ rybelsus® is a pill that lowers blood sugar in three ways. increases insulin when you need it... decreases sugar... and slows food. the majority of people taking rybelsus® lowered their blood sugar and reached an a1c of less than 7. rybelsus® isn't for people with type 1 diabetes. don't take rybelsus® if you or your family ever had medullary thyroid cancer, or have multiple endocrine neoplasia syndrome type 2, or if allergic to it. stop rybelsus® and get medical help right away if you get a lump or swelling in your neck, severe stomach pain, or an allergic reaction. serious side effects may include pancreatitis. tell your provider about vision problems or changes. taking rybelsus® with a sulfonylurea or insulin increases low blood sugar risk. side effects like nausea, vomiting, and diarrhea may lead to dehydration, which may worsen kidney problems. wake up to what's possible with rybelsus®. ♪ please don't take my sunshine away ♪ you may pay as little as $10 per prescription. ask your healthcare provider about rybelsus® today. i don't just play someone brainy on tv - i'm an actual neuroscientist. and i love the science behind neuriva plus. unlike ordinary memory supplements, neuriva plus fuels six key indicators of brain performance. more brain performance? 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>> with my boyfriend and his mother. i rent a room in their house. >> announcer: and no vehicle. >> she was given a car with stipulations. i drove it home. and i parked it at home. >> announcer: even her pet was off limits. >> judge judy: that you would practically insist that your daughter be charged with burglary and theft of the cat. it's insane. >> announcer: "judge judy." you are about to enter the courtroom of judge judith sheindlin. victoria and richard kingsbury are suing their daughter, 18-year-old melissa kingsbury, for the return of a cat they claim she stole. >> byrd: order! all rise! it's case number 489 on the calendar in the matter of kingsbury vs. kingsbury. >> judge judy: thank you. >> byrd: you're welcome, judge. parties have been sworn in. you may be seated. folks, have a seat. >> judge judy: mr. and mrs. kingsbury, this young lady is your daughter. and you're suing her over the return of a cat that she took from your home. your daughter says that the cat belongs to her. and she has a counterclaim 'cause she says that you made a gift to her of an automobile for her 18th birthday. and shortly afterwards, you had this argument. and you took the car back. so that's her counterclaim. we'll see. let's talk about the circumstances surrounding the cat. what i gather happened in your complaint was when your daughter turned 18, there was an evening, back in, i think it was october of last year, that everybody was at your house. and an argument transpired. and the argument was between the two of you and your daughter? >> there was no argument. >> not on her birthday, no. >> no. >> judge judy: subsequent to her birthday? >> afterwards. >> yes. >> judge judy: how -- how much? >> about a week afterwards. >> judge judy: a week afterwards, there was an argument. and your daughter left the house. she said, "i'm moving out. i'm gonna live on my own."