the force of this listeria contamination. >> blue bell issues a recall. >> getting slammed with the rain, the next storm system in texas, oklahoma missouri. >> baltimore, six officers have been suspended as protesters rally against the death of another black man in police custody. >> we are a community on edge. the penalty phase of the boston marathon trial starts today. >> this is the hardest thing i think i've ever had to do. when i crossed the finish line i took my life back today. aircraft carrier "theodore roosevelt" is heading for waters off of yemen. >> they could have the ship. >> and the boat capsized in the mediterranean. hillary clinton in encourage encourage calling the new book clinton clash of destruction. >> people are going to read the book and say my goodness how do storms and hundreds of thousands without power. in a california restaurant out of nowhere, a giant fish tank exploded sending 100 gallons of water rushing out. >> all that -- >> a fan got hit with a powellfoul ball in the head. she was carried off in a stretcher. "all that mattered" -- >> an intruder was arrested at the white house after trying to jump a fence. on "cbs this morning" -- >> "full house ""making a comeback. >> will there be olsen twins on the show? >> if we can't get the twins, we're going to dress you up. [ laughter ] >> announcer: this morning "cbs this morning" is presented by toyota, this go places. captioning funded by cbs welcome to "cbs this morning." one of the nation's most popular ice cream makers issued a sweeping recall overnight because of fears of contamination, blue bell says it cannot guarantee the safety of its products. the 108-year-old company has voluntarily pulled all of its ice creams and treats. elaine elaine quijano joins us. good morning. >> good morning. texas-based blue bell creameries has but a freeze on the oklahoma and texas production line. the company is stopping all manufacturing until they try to find out how listeria has contaminated their facility. two containers recently tested positive. their product is sold in supermarkets and convenience stores in 23 states and some international retailers. if you have any in your freezer, don't eat it. customers can return the products to the store and get a full refund. in march the centers for disease control reported three deaths in kansas linked to listeria. five other people in kansas and texas were sickened. blue bell recalled ten products as a result. blue bell's president and ceo said last night he is quote, heartbroken and will take all of our products off the market until we can be confident that they are all safe. the astros and rangers sell it in their ballpark. blue bell has begun an advanceded cleaning process. gayle. this morning, wisconsin is gopher a state of emergency over a growing bird flu outbreak. the highly infectious outbreak. iowa is getting hit the hardest. 5.3 million hens must be destroyed. experts say your eggs are safe. infectious disease expert dr. schapner. and this is what it looked like live of washington, d.c. the system produced funnel clouds and dumped rain and hail. mark strassmann is in atlanta where the storm left extensive damage. mark, good morning. >> reporter: good morning. check out the street. the 60-footer came toppling down during last night's storm. and here's where it gets harrowing. it crashed down on the dodge station wagon just as the driver was pulling in. he is going to be okay. toppling trees killed at least two people and damaged dozens of homes. pounding haim and rain flooded roads and toppled trees on monday damaging car, and homes. and in some cases, slicing right through them. >> pretty much total destruction. >> reporter: this is what's left of 92-year-old yolanda rossi's house in roswell, georgia, after a tree crashed through her living room monday. >> a terrible crash but i didn't think it was in my house. i usually sit in that corner over there and do some reading. thank goodness i wasn't there. >> reporter: tornado warnings forced some atlanta area students to ride out the storm in the haul ways of their schools. the storms that hit sunday destroying building flooding driveways and shattering windows. >> we can barely see about ten feet when it was really coming down. >> reporter: rossi says the damage may be extensive but she's not leaving. >> i don't want to go anywhere. i've had many offers but i'm going to stay right here in my house. >> reporter: the forecast gets better today and tomorrow temperatures sunny and in the 60s and 70s. more rain and storms in the forecast for thursday there could be more problems like what you're seeing right here. >> what a sight. mark, thank you so much. protesters in baltimore are demanding answers over the death of a black man while in police custody. lawyers say 25-year-old freddie gray suffered a spine injury during his arrest captured on cell phone video. can chip reid is at baltimore city hall where an investigation is under way. good morning. >> reporter: good morning, yes, that is city hall and this is where angry protesters have been gathering in addition to several other locations here in baltimore. they want to know what happened to freddie gray that caused a fatal injury while he was in police custody. protesters took to the streets again on monday. >> we are a community that's on the edge right now. >> reporter: seeking answers but getting few. >> is there any broken bones on mr. gray? is there any evidence of kicking? punching strikes of any type upon his body? >> reporter: police say they don't know what caused the spinal cord injury that killed freddie gray. deputy police commissioner jerry rodriguez. >> i know that when mr. gray was placed inside that van, he weighs able to talk he was upset. and when mr. gray was taken out of that van he could not talk and he could not breathe. >> reporter: in an attempt to provide transparency police released surveillance video from city cameras showing the moments before freddie grey's arrest. but it's this amateur cell phone video that continues to grip this city. police critics say it shows he was already severely injured before he was placed in the van. >> police are often in the most challenging cases that a forensic pathologist sees. and that's because so much going on all at the same time to try to dissect what really happened and what really caused the death. >> reporter: the mayor blake echoed the frustrations of the community dealing with a long history of distrust between the police and its people. >> i'm angry that we are here again. that we have had to tell another mother that their child is dead. >> reporter: baltimore officials plan to present the findings of their investigation a week from friday. but many people here say that is too long. and during that period the anger here is only going to continue to grow. gayle. >> thank you, chip. convicted boston marathon bomber dzhokhar tsarnaev returns to court this morning for the sentencing phase of his trial. a jury will decide whether he should get the death penalty or friend'ing spend the rest of his life in prison. don dahler is in boston where those affected by the attack are sharing their opinions don, good morning. >> reporter: yeah, good morning. the fill phase is pretty much a foregone delusion with the fact that the defense team told the jurors that their client took part in the bombings. but the result of the next stage is much less clear. boston is a city divided when it come to the question of whether this 21-year-old man should be put to death. in their fight to save dzhokhar tsarnaev's life the defense is expected to paint him as a troubled teenager under the influence of radicalized older brother tamerlan. the team will likely put tsarnaev's family members and friends on the stand. but prosecutors are expected to remind the court of the brutality the now 21-year-old helped mastermind two years ago leading to the death of four people including 8-year-old martin richard. tsarnaev can be seen setting his bomb down feet away from the child. ed days was the boston police commissioner at the time. >> this is massachusetts do you think there's a jury in this state that is going to be able to hand down the death penalty? >> i think there is. i'm not a big advocate of the death penalty. i'm never been extremely supportive of it i think it has its play and i think this is the place. >> reporter: in a governmenten globe essay martin richard's family urged prosecutors to take the death penalty off the table. and these who each lost limbs say -- >> there are certainly teams where we feel angry, or we have frustration. and we have vengeance on our mind. but i don't feel like that's of great use of our energy. >> reporter: the jury's decision must be unanimous. if there's one holdout, then dzhokhar tsarnaev spends the relevant of his life in prison. the process could take up to four weeks, gayle. >> thank you. today's proceedings come one day after boston showed its strength again. 80-year-old billiverig returned. and rebekah gregory ran the final three miles with her new limb. she had her leg amputated while getting injuring watching the boston marathon three years ago. that was one of the most touching things at the finish line. i took my life back today. >> she fell to the ground right at that finish line. so happy for her. very heroic. and we have new information about six men in minnesota accused of trying to join isis. one of the suspects allegedly tried to board a flight to turkey heading for syria. prosecutors say he applied for a passport while under fbi surveillance. all six suspects face another court date later this week. they are described as friends in their late teens and early 20s. officials say they were recruited by another friend who joined isis last year. this morning, an american aircraft carrier is headed towards yemen. "u.s.s. theodore roosevelt" is prepared to intercept any weapons ships with to rebel forces. david martin is at the pentagon. good morning. >> reporter: good morning, the carrier roosevelt had been operating in the persian gulf flying air strikes against isis. taking it out of the persian gulf and sending it around the gulf of aden sends a message that the u.s. considers the civil war in yemen, as important as the war against isis. and there are really two audiences for that message. one is iran which has been supporting the rebels who have chased the legitimate government out of yemen. the other are the arab countries who noticeably saudi arabia, who are conducting an air campaign against isis. now, at the same time a convoy of about eight iranian ships is also making its way toward the gulf of aden. some of those ships are believed to be carrying weapons for the rebels. the u.n. security council has passed a resolution forbidding the supply of weapons to the rebels. and pentagon officials say if any of those ships try to enter yemeni territorial waters they will be boarded and searched. so that of course sets up a potential confrontation between the u.s. and iran. norah. >> we'll be watching closely, david, thank you. two accused smugglers are under arrest this morning after what may be europe's most migrant sea disaster. 800 are feared drowned in the mediterranean. more than 1500 immigrant mace have died just this year. holly williams is tracking it from catania, italy. good morning. >> reporter: good morning, survivors were brought here late last night. human smugglers had promised to get them to europe but only 28 people made it to safety after their boat sank 17 miles off the coast of libya. many of the survivors came from africa hoping for a better life in europe. instead, they narrowly escaped death. they were met in catania by italian officials and protesters. they're demanding that europe open its doors to more refugees so that desperate people don't place their lives in the hands of smugglers. two men accused of being the boat's crew members were arrested by italian police. with more than 800 people feared drowned, including up to 300 women and children. this disaster has forced europe to confront the deadly business of human smuggling. galley adan told us he made the crossing from libya a week ago on a 15-foot boat and is now sleeping on the street in italy. 18 people died in the boat's hold he said. i was praying to god to save us. he told us he fled somalia after militants killed his family members. people arriving on boats are troubled people from troubled places, he said they should be allowed to come here. the italian coast guard rescued more than 600 people yesterday from six different vessels. and today, there's an ongoing rescue operation. 700 migrants crammed on to a fishing body. charlie. >> holly williams in italy. presidential candidate hillary clinton wrapped up a two-day campaign swing in new hampshire today she spent part of her first day rejecting criticism from republican rivals and the new book. nancy cordes is in concord where clinton meets this morning with college students. good morning. >> reporter: good morning, clinton actually came over and spoke to the press for the first time here in new hampshire yesterday, she took a couple questions and that's where she brought up all the jazz being leveled at her by her gop rivals but she was less interested in addressing their latest accusation. clinton disrupted questions monday about a new book called "clinton cash" "that examines foreign donations to the clinton administration when she was secretary of state. >> therefore, we will be subjected to all kinds of distractions. >> reporter: in an interview last night on the charlie rose show, the chairman of her presidential campaign john podesta called the book inaccurate. >> he's cherry picked information that's been disclosed. and woven a bunch of conspiracy theories about it. >> reporter: clinton arrived here in new hampshire just as 19 republican hopefuls were leaving. >> hillary clinton -- >> hillary clinton -- >> hillary clinton -- >> i could have sworn i saw hillary's scooby-doo van outside. >> reporter: some even tweeted photos of themselves being more accessible to the press than the public. >> i don't know what they'd talk about if i weren't in the race but i am in the race. >> reporter: wisconsin governor scott walker mentioned herd half a dozen times in a speech. and again on fox last night. >> this is not someone connected to everyday americans. >> reporter: larry sabato said it's no accident even though they face each other in the primaries first. >> it's a tryout to be the nominee. one thing the republican nominee has to do is not be afraid to take on hillary clinton in a very blunt direct way. >> reporter: it's no fun to be a target, of course. but sabato says there is one potential upside for clinton. and that is all these attacks in different directions could help unify democrats around her. even democrats who may have been hoping that someone else like senator elizabeth warren from massachusetts might get in the race. up next a guilty plea threatens the lineup of one of the biggest bands in rock 'n' roll history. ahead what ac/dc's drummer now says -- back in black, believe me, i know >> announcer: this national weather report sponsored by petco. what we feed them matters. tv personality and dr. oz plans to give critics a dose of his medicine. >> ahead, how he will answer demands for his removal from a faculty job. >> the news is back here on "cbs this morning." >> announcer: this portion of "cbs this morning" sponsored by fastsigns. more than fast. more than signs. i'm phil mickelson, pro golfer. if you have painful, swollen joints, i've been in your shoes. one day i'm on top of the world... the next i'm saying... i have this thing called psoriatic arthritis. i had some intense pain. it progressively got worse. my rheumatologist 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changes everything. jack's heart attack didn't come with a warning. today, his doctor has him on a bayer aspirin regimen to help reduce the risk of another one. if you've had a heart attack be sure to talk to your doctor before your begin an aspirin regimen. now at chili's new top shelf ranchero chicken tacos. stop in for lunch and tap, swipe, and go. chili's. fresh is happening now. ...and the wolf was huffing and puffing... kind of like you sometimes, grandpa. well, when you have copd it can be hard to breathe. it can be hard to get air out, which can make it hard to get air in. so i talked to my doctor. she said... doctor: symbicort could help you breathe better, starting within 5 minutes. symbicort doesn't replace a rescue inhaler for sudden symptoms. symbicort helps provide significant improvement of your lung function. symbicort is for copd, including chronic bronchitis and emphysema. it should not be taken more than twice a day. symbicort contains formoterol. medicines like formoterol increase the risk of death from asthma problems. symbicort may increase your risk of lung infections osteoporosis, and some eye problems. you should tell your doctor if you have a heart condition or high blood pressure before taking it. grandfather: symbicort could mean a day with better breathing. watch out, piggies! child giggles doctor: symbicort. breathe better starting within 5 minutes. call or go online to learn more about a free prescription offer. if you can't afford your medication, astrazeneca may be able to help. ahead, new plans on how our pets can make us sick. plus skiing great lindsey >> this is cbs-3 "eyewitness news". some storms roll through the region earlier this morning, katie with the latest on your forecast. >> thankfully, see things clear out quickly than they did yesterday this same time. we had just complete mess, out on storm scan3 still finding some signs of life, but far more scat nerds nature. we take you on out there to the tri-state sweep so get a sense of exactly where any pockets of rain are still located. thunderstorms are over, nothing but rain at this point. so coming down locally somewhat steadily, but it is clearing out. and even though you've got gray skies to start things off, the whispy necessary of the clouds, definitely, helping to sort of just indicate that we're going to start to eventually see skies clear. 50 degrees outside kutztown area middle school, damp grass for everyone obviously we clear out for the sun hit 66 for high. more showers tomorrow. specially in the afternoon. >> few of the traffic cameras spotty showers may move through the next hour, so almost at stand still right now. this is 76, just past city avenue. again, merging on from route one there typical bottleneck right there. so have to have the patience if you're headed on into the area. in the next hour or so, look at the ben franklin bridge, inbound, into the city, stack up pretty good. out bound no problems headed into jersey actually seeing little sunshine right now in the city. that's a look at your ride. ukee, back to you. >> thank you let's take it again at 7:55, up next, controversy surrounding doctor oz. we're on the "cw philly". good morning. ♪ there's a guy inside. he's unconscious. she's still s who still breathing. >> newly released dash cam video a heroic rescue from a burning suv. two officers and a bystander pulled 25-year-old hector valles to safety. he's okay. very lucky. welcome back to "cbs this morning." coming up in this half hour television's dr. oz today plans to address the growing controversy over his medical advice. what he's likely to say to critics who want him removed from his position at columbia university. plus, a dramatic change in the way google displays search results on your phone. digital expert nick thompson on the impact of the new strategy that shakes up online searches and why it's happening now. that's ahead. but first time to show you the morning headlines from around the globe. brit an's "guardian" said sakes more than the recommends dose can be harmful. those who took a high dose of beta-carotene raised the risk of heart disease. reporter said pope francis accepted the regular nation of bishop finn. he was accused of suspected child abuse with a priest. it's the first known case of a pope cracking down on a bishop who cover up for a pedophile. and the u.s. is sending illegal immigrants back home on expensive charter flights. immigration officials spent about $116 million on these charter flights. these planes were less 80% capacity. the buenos aires herald said spain has dismissed cover-ups. they accused the president of helping shield the dent ties of a bombing of a senator. and "the new york times" says dr. oz used criticisms to advance his products. . opponents want him ousted from columbia university. vinita nair shows us how dr. oz plans to answer this. vinita, good morning. >> good morning. ten doctors and professors from across the country who signed this letter to columbia university's dean of health sciences and medicine say oz has, quote, an egregious lack of integrity. dr. oz is set to taper the criticism set to air thursday. more than 9 million people tune into the dr. oz show for health tips and advice. >> i've got the number one in the bottle to burn your fat. >> reporter: they've faced the criticism. >> it's called seabuckthorn. >> reporter: like his endorsements. senator claire mccaskill publicly scolded him. >> i don't know why you say this stuff because you know it's not true. >> in attempt to engage viewers i use flowery language. language that's passionate. >> reporter: last week doctors sent a letter to columbia university asking them to remove oz. it says in part dr. oz has repeatedly shown disdain for science and evidence-based medicine southwest baseless and relnts optician to the engineering of food crops. miller has been a vocal proponent of genetically modified foods or gmos. >> genetically modified foods, have you ever heard of them? >> despite the concerns of g mcht o foods, the u.s. government has approved the sale. >> reporter: yesterday, dr. oz told cz, quote in a sea of inaccurate complaints we notice one specific accusation gmos. although they misrepresent our stance, we have supported gmo labeling. >> gmos are important. >> reporter: dr. amen is a frequent host to the dr. oz show. he describes the host as thoughtful and empowering. >> to say that someone should be fired because they say what they believe on television i think is just ridiculous. >> the university has not removed dr. oz from its faculty. in a statement columbia says it is admitted to the principle of academy freedom and upholding academy members to freedom of expression to statements they make in public discussions. there were scary moments last night for a fan taking in a baseball game. this one in pittsburgh. we should warn you here that this video might be tough to watch. >> ooh good swing. >> oh my. >> yeah a fan right behind home plate. >> we saw it there, a woman standing behind home plate during the pirates/cubs game was struck in the head by a foul ball. the ball did hit the protective net, but as you see, she was standing a little too close. the woman was conscious and alert where she was put on a stretcher and taken to the hospital. you would think if you're behind the net you're okay. >> she turned around and her back was facing it. if you're on google this morning with a smartphone expect a big change on the way your search results are unveiled. it's a blurow to small business. nicholas thompson is editor of "new yorker" magazine website newyorker.com. why are they doing this? >> did you ever get to the phone you search and the font is tiny and you have to pinch it? >> yeah. >> they're trying to end that. they're saying any website that has a bad display and doesn't work on mobile devices, we're going to downgrade you. the reason they're doing that we all search with mobile devices. >> so we should be happy about this? >> we generally should be happy about it. people who shouldn't be happy about it people with websites who don't have mobile -- >> can small businesses do this? >> it penalizes businesses. web sign are all going to get jobs tomorrow. >> i thought it was a problem with me being technically challenged not knowing how to adjust my fonts. i'm glad to know it's not just me. why is it just on the smartphones? >> what's happened search used to be 90% on desktops. now, the amount of time on search has surpassed that. google isn't making as much money because people don't search on mobile devices and partly because the websites aren't good. they're trying to push everybody to get to the websites and make more money. >> how hard is it to make your website mobile friendly? >> it's getting easier and easier. you should do it. that's where everybody is accessing the web. from years from now, it's going to be even more so you should do it more. >> but norah raises a good point about small businesses. >> i'm on seamless all the time. where you can click on to order from restaurants. i click on the menu and the menus are pretty bad. >> it's trying to drag you into an app. but it is a penalty for people who don't have web developers on call. absolutely. it's important to know it's one of many many factors that can go bad. my favorite example is with the european union which of course is in a big antitrust battle with google, not mobile friendly. >> all right. >> it's punishing the opinion -- >> is that what this is really about? >> you're in the web design business, this is it. this thing is for you. >> yes. >> thank you, nicholas thompson. >> the drummer of a legendary rock band taking the stage in court. ahead why the ac/dc drummer phil rudd is changing his tune admitting he did threaten to kill a former employee. if you've got everything done you're taking your kids to school. covered everything -- >> or maybe you just want to go 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taste of hershey's chocolate to anything - everything. with hershey's spreads, the possibilities are delicious. ♪ that's "back in black" we hear that song legal troubles may threaten the future of one of the world's biggest rock bands. ac/dc drummer phil rudd pleads guilty to threatening to kill a man. anthony, good morning. >> phil rudd looked every bit the rock star arriving at his hearing in a sports car monday but his stage isn't with the band that helped to make him ledge dear instead, it will be in a courtroom where he's facing up to seven years in prison. ♪ >> reporter: ac/dc's opening performance at this year's grammys highlighted the resurgence of one of the most successle bands in rock 'n' roll history but there was one notable absence. as the group gets ready for their much anticipated rock or bust world tour they'll do so without longtime drummer phil rudd. on tuesday inside a new zealand courtroom, rudd pleaded guilty to charges he threatened to kill a man who used to work for him. >> i was very surprised to find out that he pled guilty because he actually was changing a plea from a couple months ago. there has been no reason given for the change. >> reporter: according to court documents last year after the unsuccessful solo al lum "head job" an alleged rudd called an associate saying he wanted him taken out. >> i'm going to come over and kill you. i'm going to kill you you [ bleep ] ♪ >> reporter: with the european leg of ac/dc's tour already sold out, rudd's role in the band he's been part of on and off for 40 years remains unclear. >> as far as everyone knows phil rudd is just on hiatus. this is not a permanent departure. these are guys who tour relentlessly. when they tour they rake in the money. yes, phil rudd wants back in this band. >> reporter: ac/dc's already overcome adversity to sell over 2 million album, bon scott died from alcohol poisoning. >> this is a band of survivors, whatever happens with phil rudd, whether they have to find a permanent replacement for them they're going to be fine rock or bust. >> new zealand law allows a judge the discretion not to enter a conviction even in case where a defendant has pleaded guilty. if the judge feels the consequences. conviction outweigh the seriousness of the time the defendant can walk. so there is still the possibility rudd will actually avoid prison time. >> likely? >> you know the lawyer for him seems to be playing it that way. i think they believe the judge will be merciful here since nothing actually happened but the threat is there. >> of course, he denied it. maybe he just got caught up in the heat of the moment. >> a very heated moment. >> very heated. bleep. bleep. thank you, anthony. was a muppet getting caught up in a music fight? >> yeah oh oh! >> even the muppets like taylor swift's "shake it off." elmo is the new flash point in this portion of "cbs this morning" sponsored by international delight. leave a little room for delight. if you struggle with type 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on the rock solid hrr series or the amazing hrx series you owe it to yourself to check out these incredible mowers and see what sets honda aparfrom all others visit the website you see here for specials going on right now and find the honda power equipment dealer nearest you honda lawnmowers very smart >> good morning, i'm erika von tiehl. i want to get right over to kate and very different story this morning than yesterday. >> very much so, yes. we are still finding wet weather out, there no where near as widespread. actually no where near in terms of how long it will stick around, it is just going to zip out of here a lot more quickly, in fact, some of have you already seen pout beautiful sunrise here's what's left on storm scan3 granted up across portions of bucks county for example and out toward western ocean monmouth, still finding some pocket of rain, that are coming through even somewhat steadily. but skies are quickly clearing. we will end up with pretty decent day overall. in the the breeze, and it is also cooler than yesterday but seasonable. that's the story even tonight. heading into tomorrow, still mid 60s when new round of showers moves in. and that will help cool us back down by thursday. justin? >> good morning, everyone, much better driving conditions with that heavy rain gone. like we had yesterdayment look at the vine street expressway. actually looking okay in both directions. >> little more volume toward center city but moving this hour. different story 95 cottman heading into the city slow, roads well, at least drying out, trying to get sunshine, northbound looking okay, mass transit, airport also looking okay, as well, erika back to you. >> justin, thanks. up next your next update at 8:25, next on cbs this morning, highlights from yesterday's boston marathon. your local news weather and traffic continues with us, on these channels, on the "cw philly". have a great day. ♪ well it's tuesday, april 21st 2015. welcome back to "cbs this morning." there is more real news ahead, including new evidence that your pets can make you sick. dr. tara narula has good advice to help you lower that risk. but first, here's a look at today's "eye opener" at 8:00. company is stopping all manufacturing while they try to determine how listeria was introduced to their facility. on the street a 60-footer came toppling down. storms across the south caused issues like 3is. >> officials plan to present the findings a week from friday during that period. the anger here is only going to continue to grow. boston is a city divided when it comes to the question of whether this 21-year-old man should be put to death. the u.s. considers the civil war in yemen as important as the war against isis. >> at sea here late last night, human smugglers had promised to get them to europe. >> and they're saying any website you can use it with mobile devices and you can optimize mobile devices. >> the stage band isn't where it helped him had be legendary, steld instead, it's in a courtroom where he's facing up to seven years in prison. >> the kid -- >> come here ben. >> want to come out? no? all right. [ laughter ] >> maybe we got a place for him on the staff. [ laughter ] i'm charlie rose with gayle king and norah o'donnell. a jury will begin hearing arguments this morning in the sentencing phase of the boston marathon bombing trial. the same jurors who convicted 21-year-old dzhokhar tsarnaev will decide whether he should be put to death or spend the rest of his life in prison. >> those deliberations could take as long as four weeks. the jury's vote must be unanimous for tsarnaev to get the death penalty. a recent poll shows most bostjans are defense the death penalty. more than 32,000 finished the boston marathon. 1 million people cheered them on. don dahler is there that made the morning unforgettable. don, good morning. >> reporter: i'll tell you the rain was pounding the cold wind was blowing but nothing could dim the spirits a place where two years ago they felt it may be a dark situation if the city actually ended the event returns to normal. >> look at this look at rotich rotich pulls away. >> reporter: for caroline wroterotich rotich winning the boston marathon was a dream come through as was with amy sennett who received a marriage proposal. >> i think i blew it the first half but it worked out well. >> reporter: jeff glaser was nervous, too. nervous about telling his wife he lost his wedding band on the 23rd mile. >> it was on the course they figured someone must have lost it. >> reporter: a fellow marathoner recovered the ring along the route and glaser reunited with the keepsake after the race. for many runners crossing the finish line was a personal victory. bill iffrig was only 20 feet from the finish line in 2013 knocked to his feet in the blast. the 80-year-old returns to run for the first time since the attack. for lelisa desisa gave him the time to do something he gave up. he donated his medal to the city of boston as a gesture of support. this time he says the win is for him. >> the man who gave his medal back to the city for the bombing can put it on display now, going to achieve greatness again. >> reporter: nowhere is this more true than for rebekah gregory whose amputated leg reminds her of a daily reminder of what happened here. >> i took my life back again today. crossing the finish line was the hardest thing i've ever had to do. >> reporter: gregory completed the last three miles of the race with her new prosthetic limb. >> just don't give up because the finish line is the great place to be. >> reporter: she ran those three miles in extreme pain. now, the last runner amanda venezuela crossed the finish line just a few hours ago. >> thank you,don dahler i think rebekah said it best the finish line is the best place to be. i admire anyone who can do that. run a marathon. >> i'm so inspired by her. we did a story, don did, last week, she had like 17 surgeries to save her leg. then he amputated her leg. kudos to you, rebekah. really great. >> boston strong. it's really true. >> thank you again. jon stewart said he's going off the air sooner rather than later. >> my last "daily show" program will be august 6th. i'll be wearing a suit. i will more than likely be showered. [ laughter ] >> i'm sorry, i'll be wearing overalls and i won't shower. [ cheers and applause ] >> jon stewart's making way for the new "the daily show" show host trevor noah. his starts date has not yet been announced. stewart said earlier this year that he would step down somewhere between july and december. i know a lot of people are hoping it's closer to december. >> i'll miss him. >> me too. a theater drama is playing out in los angeles. the country actors union to getting the minimum wage many say getting the minimum wage will do more harm than good. >> reporter: this is labor of love. they get paid nothing for rehearsals at this 50-seat theater and as little as $11 per performance. >> we do it to work on shows like this. >> reporter: justin okin is an actor. many actors say they don't want the money. they fear getting paid will mean curtainens for many of l.a.'s small theaters. >> the choice of $9 an hour or acting for free. it's a choice of acting or not acting in a state like that. >> reporter: the union's governing body will vote today on a plan to end a deckades old thing. perry ojeda supports a minimum wage. >> it's unethical. there are instances in a 99-seat plan where everyone else is paid except for actors. but actor producer noah wyle said big profits are impossible in a theater with fewer than 100 seats. >> you're cutting into what is no profit margin anyway. >> reporter: working in 99-seat theater did open doors for "criminal minds" actress kirsten vannganess. >> i did this and made very little doing this. and it's the very thing that got me the job i have now. it's the very thing that keeps me having that job. >> we couldn't have to go through all of this. >> reporter: to borough the off-quoted words of shakespeare to be or not to be. hey, that is the question that will be answered later today. for "cbs this morning," john blackstone, los angeles. >> interesting. to be or not to be, that's always the question. that's right. you already know that your pets give you lots of affection. but did you know the skiing star lindsey vonn has her sights on more olympic gold. she also found time to get to the masters this year. ahead, see what she thinks about tiger woods' big return. you're watching "cbs this morning." for most people, earning cash back ends here, at the purchase. but the citi double cash card doesn't end there. it lets you earn cash back when you buy and again as you pay. that's cash back twice. it's cash back with a side of cash back. the citi double cash card. the only card that lets you earn cash back twice on every purchase. with 1% when you buy and 1% as you pay. with two ways to earn, it makes a lot of other cards seem one-sided. what if getting ready was this easy? 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ask your hep c specialist if harvoni is right for you. ♪ in our "morning rounds" the science of how our pets can actually make you sick. americans own more than 150 million pets but a team led by ohio state university shows the importance of choosing the right ones to bring into your house, based on your own family members' health and age. our dr. tara narula is with us. good morning. >> good morning. >> people love their pets so much they say, if they make me sick, it's okay. this is something that we should think seriously before bringing a pet in the home. and what kind of pet are you talking about? >> we're going to go over that. pets really bring up help and unconditional love. we don't think about the fact that they can make us sick. researchers in the study reviewed 300 previous studies to give us recommendations how do we choose the right pet and the relationship with our pet. we know that animals are potentially responsible for over 700 types of human diseases. those diseases can be based on back tear yashgs virusese tack beeria, or funguses. for the mental population they're not at risk. very, very low. >> is it because we're kissing our pets or our pets are kissing us. >> certainly that's a route of transmission to make out with your dog. you should definitely not get slobbery kisses. the oral cavities of cats and dogs have a lot of bacteria in them. but the groups that the research pointed to that are at risk kids under 5, immunocompromised people pregnant women or elderly, groups over 65 years old. those are at risk. it's important for those to potentially pay attention to what type of animals they. and there are higher risk animals? >> such as? >> reptiles and amphibians. >> give up my snakes? >> yeah. lots of kids have reptiles and lizards. they can transmit salmonella. rodents and hamsters. >> the best way is to protect yourself. we're not going to give them up and stop petting them. >> exactly. handwashing. prepare handwashing. making sure that your cleaning surfaces are disinfected. that you're taking the pets to the vet. have an open dialogue with your vet and your doctor about the health. >> i have seen what bucky does with his mouth. i have no interest in kissing him. >> thank you tara. >> more on that later. >> dr. tara narula thank you. mark phillips is examining a nazi war crimes case. >> reporter: the accused is a 93-year-old frail man a former member of the s.s. who admits he was at auschwitz who admit he is doesn't kill anybody. a court will decide whether he's had also guilt as an accessory to mass murder. ahead on "cbs this morning." >> announcer: cbs morning rounds sponsored by pronamel toothpaste. my dentist recommended pronamel. he said pronamel can make my teeth stronger. pronamel is helping me lead the life that i want to live. the e-class has 11 intelligent driver-assist systems. it recognizes pedestrians and alerts you. warns you about incoming cross-traffic. cameras and radar detect dangers you don't. and it can even stop by itself. so in this crash test, one thing's missing: a crash. the 2015 e-class. see your authorized dealer for exceptional offers through mercedes-benz financial services. do you have nutritional gaps in your diet? 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>> yes no question. >> reporter: that the justice system has failed? >> yes no question. no question. i can answer, yes, yes. it's a big, big failure. >> reporter: there's an irony in this trial. the defendant has never denied that he was part of the nazi's final solution. but he has denied his guilt. that self-serving fiction is now what will be tested at this trial. gayle. >> mark phillips reporting from luneburg. it's always tough to hear those stories. i like the part in mark's piece, cog in a machine, but without those cogs the machine doesn't >> i'm ukee washington be woman accused of abandoning her disable son has extradition hearing today. nia is currently in the custody of maryland police. she had been receiving medical treatment, there and police say left her quadriplegic son in the woods near cobbs creek park, and took off. for maryland, to be with her boyfriend. >> let's get your forecast with katie in the weather center. good morning. >> hey everyone, things are really starting to clear out and brighten up no less. and we are really just left at this point with some residual showers, very scattered in nature for the most part confined to the eastern third every our area, bulk of them actually sweeping up toward portions of northern new jersey. and up toward say the new york city area. so things are really going to clear out for us. as they have we have some rainbow shots came in just now from the eyewitness cam. one of the top notch producers cat sitting out in traffic at adams and the boulevard took great shot of rainbow blue skies northeast philly, going forwards if the nor cast banking on nice bright sunny day, even though not here yet. just give it time. it is on the way. but the breeze picks up with this too something you will really notice. tomorrow more clouds, few more showers, and another nose dive on the thermometer by thursday. justin? >> looking forward to that sunshine. all right, let's take you up to the sky. chopper three, looking live, at disable train in haddonfield, camden county. now police department is on the scene they're going to get the rescue train in here, so passengers will be transferred, but again doesn't look like anyone is hurt or reported injuries so far. but there you go, disable train, in haddonfield this hour. all right 76, past 202 heading eastbound again stack up pretty good. so slow volume. at least the rain showers coming to an end. starting to seat sunshine, sends it back over to you erika. >> i'll take it, no problem. next update at 8:55, up next on cbs this morning conversation with olympic gold medal scare and tiger woods girlfriends lindsay vaughn. we're on the "cw philly" on these channels. good morning. ♪ you're unbelievable ♪ that could describe our guest this morning. welcome back to "cbs this morning," coming up in this half hour, she is unbelievable, that skiing superstar lindsey vonn. with the e-y, she said spelled the right way in the green room. with her sights at more olympic gold ahead. first the headlines around the globe. "the washington post" has just learned the charges against one of its reporters imprisoned in iran. jason rezaian is charged with spying and spreading propaganda. rezaian's brother said his family will keep fight for his freedom. >> we know they don't have any evidence that he had access to those things. the charges are baseless. >> rezaian met with his lawyer for the first time nine months ago. he faces 10 to 20 years in prison if convicted. chinese billionaires account for a record one-fifth of the world billionaires about 370 billionaires this year. they each had $1 billion in assets. 57% from mainland china. "rolling stone" said willie nelson announced his own marijuana brand. it's called willie's reserve. >> willie's reserve kind of fell together as evolution wants it to. you know colorado's legalization, along with other states and washington, d.c. it's just a matter of time in this country, already in other countries. but i felt like i bought so much, i might as well give it back. >> makes sense to me. the pot will be grown and sold in colorado and washington. seems like that would be pretty good. seems like willie would know what he's doing. and newly revealed ship wrecks on lake michigan. crew captured the photos of maritime history as the winter ice retreated. the winter wrecks are from the 19th and 20th centuries. one is more than 150 years old. beach erosion, wind and waves make it viewable. and the sequel to "full house" will be called "fuller house." john stamos and uncle jesse. deals reportedly going to sign mary-kate and ashley olsen. lindsey vonn won gold. her continued success makes her one of the greatest female skiers ever. the olympic gold medalist comes back after a pair of knee injuries in 2013. she now holds the all-time world cup record for women with an astounding 67 wins. she's a seven-time downhill champion. a five-time super-g champ. and holds 19 world cup titles. that is more than anyone in history. folks, she's here in studio 57. lindsey vonn welcome. >> welcome. >> you're what's known in the business as a bad -- in all areas of your life. after two possible career-ending injuries, did you think yourself i'm not able to make it this time or did you think, huh-uh this is just a setback, i'm coming back? were you worried? >> i was worried, of course. i'm a pretty determined person. i thought that a lot of people thought i'd never come back. and actually told me to my face that i'll never come back. i worked extremely hard. have a great physio. have a great doctor. yeah, it was a long road but i never gave up. >> what is it about your skiing that makes you so good? >> i don't know i ski on men's skis. i feel like i'm a really aggressive skier. i'm pretty dynamic. i get interesting angles with my body, with my hips that maybe other people don't get. i don't know i thought i was given a talent from my family from my parents. and i just use that to the best of my ability. >> you said your parents worked hard and made a lot of sacrifices to make sure you could do what you did? >> yeah, i'll the oldest of five kids and my family all moved out to colorado when i was 11 so i could ski. my parents pretty much gave up everything cashed in their retirement. a house. it was a huge sacrifice. of course, i knew that growing up i wanted it more than anything, for myself and also for my family to be able to succeed. >> it's so tough watching them in 2013 when you were injured. the olympics were just around the corner and we were rooting for you. you're going to be in the next winter olympics? >> yeah, that's my goal. once i made the decision not to do sochi i committed myself to pyeongchang. >> you ski differently. i remember watching the first time when you were coming back. i was sitting at home feeling nervous for you at the top watching you to go down. do you still feel this? is there still a little part of you that's a tiny bit nervous as you go down? >> no. >> not at all? or afraid? >> no, i love going fast. that's something inside of me. i always love going fast. just because i'm injured, i don't feel any different. i'm the same person. that's why i'm able to continue winning. i'm not afraid. it's a passionate part of the sport. and i just expect it and dough downhill. >> what are you afraid of? >> insects. any like critters, centipedes. >> when you're coming down the ill, the difference between you and everybody else it seems to me you know more precisely how fast you can go to make the turn? >> yeah i'm pretty calculated with what i do. it's kind of like a high-speed chess match. you know what you have to do you also have to make adjustments on the fly. for me i visualize the course a hundred times before i go down there. every roll every bounce i know what i can do and where i can make up time if i make a mistake. i'm not worried about making mistakes or plan "b" if necessary. >> we know you're good on the slopes but how's your golf game? what do you hit, lindsayey? >> i don't have a handicap. i had a hole in one. that's all i can say. >> when? >> it was my first round of 18 holes. and i was playing for a charity. i was on a team. we were doing a scramble my teammates were half excited and half hated me because they were probably 45 years old and never gotten a hole in one and played for 20. and never gotten one. >> jack nicklaus got one at the masters. >> yes. >> it is fun to watch you and tiger together. a lot of people are cheering you on. i'm curious about how you met when you told your family and friends i'm going to be dating him, what did they say? >> yeah i met him at his -- the tiger jam. you know he has a foundation. he's done some incredible work with that. i met him there. and i don't know -- >> you clicked? >> we talked almost for a month before we ever started dating. but definitely people were surprised. >> yeah. >> when i said i was dating him but everyone in my family loves him. he talks to my mom all the time. he texts my dad when i'm racing. he's a sweet guy. everyone fell in love with him. >> i am curious. people know him one way, you know him another. tell us something about him that would surprise us that only you would know. >> he is a great father. he loves his kids. >> we saw a bit of that. when they were playing. >> yeah. he is a sweetheart. he's really tough on the golf course. he's a great father and does a great job. a lot of people are cheering him on. can they ski? >> i think he's a better zeer than i am golfer. that's up for debate. we're competitive. >> two athletes in the house. >> how much of the conversation between the two of you is between competition and winning? >> like 80%. we compete at everything. even if we're not talking about golf or skiing we are playing ping-pong and pool and whatever we can do to compete. >> you don't let him win, though, do you? >> he's really good. it's really hard. >> congratulations, we are cheering you on lindsey vonn. >> bring the gold back. >> thank you i will. >> hopefully, we'll see you before that. lindsey vonn thank you. tens of ♪ caress presents the world's first body wash with fragrance release pearls. touch your skin to release fragrance up to 12 hours. new caress love forever. it's springtime. so bake cookies with someone you love. and country crock's fresh, buttery taste and smooth, creamy texture means your cookies will turn out just the way you like 'em... extra soft... ... and extra special. welcome to crock country. ♪ i have a great story. a little girl who is in a drawing when she was 6. the teacher said this little girl never paid attention. the teacher went over to her and she said what are you drawing? and the girl said i'm drawing a picture of god. and the teacher said but nobody knows what god looks like. and the girl said they will in a minute. [ laughter ] >> that is so great. >> that is from the 2006 from ken robinson. creativity, it is ted's most watched presentation with more than 32 million views. robinson began meeting with governments and school systems to discuss reform decades ago. his new book is called "creative schools: the grassroots revolutions that transforming education." everybody wanted reform but they want it better. you say culturization will not get you there. >> it is. the reason is anybody watching this whose got children know that. people with two children or not, they're completely different. we've got two children they're completely different. i'm one of seven is we're all different. and now it's all about s.t.e.m. >> clearly you struck a nerve here just the fact that that ted talk has been watched 32 million times. over 300 million people have seen. in the book you point out miley cyrus videos are seen more because you don't twerk. >> i don't twerk. >> we could like to see that sir ken. what is the message that you want people to know. you said that schools are killing creativity. they don't mean to but you say that's what they're doing. >> i've never blamed teachers or schools. i've worked with teachers my whole life. there is this deadly culture that's being pushed on them politically. and the message is you have to personalize the situation not standardize it. but they have to find that talent and cultivate it. >> i think there's a problem with your microphone. we're going to fix that. >> let me ask you this what sounds good, a teacher will say, i have 30 students i can barely get them to be quiet. how can i personalize a classroom for 30 different children? >> well, it's one of the reasons i wanted to write this book. the book is full of examples of people people ask me what my theory is. i say it's not a theory. it is what works. if you think of people sitting all the time and talk to them it's very hard to control them on that basis. if you engage them about imagination, philosophy teams, it's a very different part of school. my wife used to in liverpool, she taught 40 children in the same classroom and the pace was bustling because they were working collaboratively. much of that is about the art of teaching. the problem with the standard is that it seems that teaching is part of that. teachers have got to engage and motivate and inspire people. and great teachers do that. >> where does this philosophy standardsization come from? >> well i think it's partly that governments quite likely see the importance of strategic education. years ago, the government took no interest. now they're looking at education as defense strategies. it's a strategic influence. i should say i live here. i've got to make this clear that i just didn't pop over to make this. we live here. and the thing is most governments are in control mode. they think the answer it's mostly a position that's led to a huge industry. as i say in the book testing industry in this country is bigger than hollywood. it's bigger than the nfl. it's massive. >> one of the bright spots you talk about boston academy. it's an inner city school who focus, and engages students with arts. 90% of their students end up going to college. i mean incredible rate. what are at the doing right there that could be replicated? >> well, a lot of the schools in the book follow the same principles. children have varying talents it's important that they should math and science and so on. but music and theater and dance are just as important for talent to engage kids. and an approach to science. it's a broad curriculum and they have flexibility in the way they teach individuals. >> one last word what's the responsibility about the parents? >> a whole chanter in the book about parents. parents should be partners with schools. parents know their children than anybody else. >> you got your daughter and son here, i asked them what they learned from you about education. your daughter said you taught them that kids can be more in control of their education than they know. >> let's try that in school. yes, teacher, i want to be in control of my education. >> thank you ken robinson. and crave schools goes unfailed today. you're watching "cbs this morning." ♪ one of the cool perks of this place, is you can eat as much cereal as you want. you can go to any line that's running, and pull a box of cereal. alrighty. we just like cereal, we make it, eat it love it, live it. (laughing) well that does it for us be how did denny's put the magic of dreamworks into their new kids' menu? that's a secret... kind of. introducing dreamworks to the new denny's kid's menu. denny's. welcome to america's diner. kids eat free on tuesdays 4:00pm-10:00pm. ♪ ♪ ♪ chase freedom. the card is for the essentials. the cash back is for the fun. chase. so you can. >> this is cbs-3 "eyewitness news". good morning i'm erika von tiehl. vice president joe biden will visit philadelphia today. the vice president and the us secretary of energy will tour peco headquarters, in center city. once the tour is over, the vice president will stress investment in america's energy infrastructure. biden's last trip to philadelphia was democratic policy retreat back in january. well we're hoping we have nice weather to welcome the vice president, how is it looking? >> a lot better with every passing hour, breezy day unfolding for us in the wake after cold front, for sure but we can expect to see any wet weather completely retreat. and all that's left, you know what, even at this point now that we're seeing the freshest loop on storm scan, done with the wet weather those are clouds, and will continue to thin out if you have them at all. still out there. skies are clearing quickly for sunshine. breezy, and very seasonable day, when it comes to these area temperatures. we drop it down to 47 tonight also typical temperature for the overnight low on this particular day of the year. and as we look forward in the forecast specking eventually another front to roll through tomorrow. with additional showers no where near the severity of the last front that rolled through, but it is going to be responsible for sending us into the upper 50's, at best, for the majority of the next seven days. justin? >> all right, good to see the rain get out of here on storm scan3, because now we're setting to up see much better ride compared to yesterday at this time. vine st. expressway, approaching the broad street exit slowing up just little bit. at least moving. no problems leaving the city. so to have a trip planned into the itsy from new jersey little later this morning maybe hold off if you can because there is a line-up here on the ben franklin bridge, from jersey, into the city. so, very slow, just high volume. still dealing with high volume in the normal typical rush hour spots 9-mile per hour drive, basically from academy all the way down into the vine street expressway, on 95. leaving the city, past city avenue on the schuylkill, 37 miles per hour, very slow, south philly looking pretty good on 9a that's a look at your ride this morning erika we send it back to you. >> that's "eyewitness news" nor now. talk philly is coming up at noon. i'm erika von tiehl. hope you have a great day. 32, 1. >> if it's happening we are covering it on the doctors. >> could be super-skinny become a crime? >> anorexia models banned from , the runway. >> that's not a criminal act; that's a medical emergency. >> announcer: then, what legendary news man tom brokaw is revealing about his brave medical struggle. and why modern family star sophia was slapped with a lawsuit. >> this acts as a waist cincher. all new doctors! ♪ ♪ [ applause ] ♪ ♪ >> let me ask you this: how thin is too thin? should waist -- waifed mo be banned from the runway. >> dieting to death trend, it's finally be laid to rest in europe. style conscious brands is deled looking

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