across the country. >> in new york city 100 people were arrested. >> were demonstrations outside denver washington seattle. >> new york city police kept the city relatively calm. he>> t prisoner who rode in that police van wrote, quote, freddie gray was intentionally trying to hurt himself. just hours ago a team of americans pull add teenage boy from the rubble of a building alive. southern california man who tried to snatch a toddler is taken down. i took a chair and started beating him with it. >> barry sanders is running for president. >> i think we've got to a shot to win . this > >>a plane carrying former president bill clinton made an emergency landing in tanz nia. everyone is oklahoma. a gas station goes up in flames. a woman starts a fire after she was refused a cigarette. and all that matters. >> caleb jones signed autographs. >> the first in the history of baseball. the baltimore orioles took on the white sox in an empty came den yard. >> -- on "cbs this morning." hillary clinton has come out in favor of body cams. yeah. not for police. for husbands. >> announcer: this morning's "eye opener" is presented by toyota. let's go places. captioning funded by cbs welcome to "cbs this morning." the death toll from nepal's massive kwaek jumpedmass massive earthquake jumped to above 6,300. rescuers pulled a teenager out of the rubble. he had been trapped for five days. >> our cameras were first on the scene this morning and seth doane watched this dramatic rescue. he's with us from kathmandu. seth, good morning. >> reporter: good morning. as you drive around kathmandu, you see these search and rescue teams working across the city and as the number of days go up you begin to wonder how they don't lose hope. today we found out why they keep searching. it was controlled chaos. rescue teams from america, nepal, and around the world responded to the sound of a voice. we waited through the long operation and then this wearing a yankees t-shirt, a teenager named by police as pembilamba. he's finally free 21 hours after the earthquake. this is what the search and rescue had been hoping for. just a few hours earlier we were alongside andrew olvera of the los angeles fire department. they were using dogs to try to detect earthquake victims who might be still alive at a nearby site. is there really a chance that someone is still alive under this? >> you know what? until the person is found and we can confirm they are not, we will give it every shot and we're hoping they are. >> reporter: moments later they get that shot when a team received word they heard a voice from a collapsed hotel not far away. they had to bring in heavy tools to pry him out. as they bring in stretchers and medical equipment, the pace here is certainly getting more frantic and the crowd gather watching is getting bigger. finally they freed the boy, rushing him to an ambulance. the crowd burst into applause. and this is just the latest in a string of remarkable rescues. one of those was that very young baby boy who was found miraculously alived after being stuck for 22 hours under the rubble. we asked rescuers today how this teenager survived. said it's something they refer to as intumen. imagine a box strong enough in this area as this teenager was able to get inside as the building collapsed around him. it's incredible. >> it is incredible. thank you so much. >> great reporting. >> how had he gone for water and food without that long and not knowing how long he'll have to live. >> not giving up. not giving up. thank you, seth. that was great. protest os every the death of freddie gray are spreading from baltimore to other cities. demonstrations were large but mostly peaceful in baltimore yesterday. police made 18 arrests in downtown indianapolis. about a thousand people marched to seek justice for gray. justice in seattle showed solidarity by hosting a die-in. but in new york city the protests were not as peaceful. more than 100 were arrested in clashes with police. vladimir duthiers is where the protafts began in union scare. good morning. >> reporter: good morning. they were for the most part peaceful and calm. some protesters decided to go from the square to the streets and that resulted in dozens of arrests. the scene was chaotic. the nypd clashing with the sea of demonstrators. earlier in the evening the protests were peaceful. but when the group made its way onto the road, police were quick to crack down. >> you're not permitted to walk in the street or roadway. >> reporter: some demonstrators with pinned to the ground while others were locked away. >> they're locking up innocent people. >> reporter: but that didn't stop them. the group split up closing in on one of the city's major tunnels. >> they're marching north on west street. >> reporter: they flooded the west side highway and also made their way to times square. last night rah-rahfaela smith said she was marching so her son didn't have to. demonstrator michelle taylor says she expects the protests will continue. >> this is not it. this is only the beginning. they cannot treat us like this. they have to value our lives. >> reporter: the groups that marched said they did it to show their sol date for the people of baltimore. they say, quote, their justice is our justice and there are several planls across the country today. norah? >> all right. thank you. a citywide curfew remained in effect. this morning a "washington post" story gives new insight into what may have happened to freddie gray. a prisoner quotes who was inside the van at the same time said he because banging himself sfwentsz the walls like he was trying to hurt himself. jeff pegues covers the story. good morning. >> reporter: good morning. baltimore is not back to normal this morning but there are signs they're getting there. take a look across the street. police were dressed in riot gear. this morning they are not. earlier this morning police in riot gear amassed along the same blocks that saw rioting and looting on monday. community and police managed for the most part to clear the streets. baltimore congressman elijah cummings was there again to calm the crowds urging them to stay focused on what he believes is the issue. >> the relationship between the african-american community and the police i believe, the civil rights issue of this generation right here. >> reporter: there was a larger peaceful demonstration earlier in the day. crowds of mostly students moved from baltimore's penn station to city hall demanding answers about what happened to freddie gray. >> we still don't know why freddie gray was arrested. >> reporter: on april 12th a 25-year-old gray was unseemingly able to walk on his own to a police van. the incident has led to protests and riots. more than 2,000 national guard members are patrolling baltimore. first private class dana williams says they're her streets too. >> it's a little heartbreaking because it's my community but i have a duty to do, and i plan on doing my duty. >> reporter: the baltimore police investigation into gray's death is expected to be turned over to the attorney's office tomorrow. both agencies are conducting separate investigations and it's still not clear when the results will be made public. charlie. >> thanks. with us, baltimore mayor stephanie rawlins-blake. good morning. >> good morning to you. >> can you give us an assessment of where baltimore is at at this moment? >> this morning this is our second day of curfew. i am pleased to report we had more calm incidences. what you saw is a true baltimore. you saw community leaders and elected officials working together to bring the peace. it is the strangest thing. we saw last night gang members ow out out on the corners trying to encourage peace and getting people to go home. you know we've had a very dark time in our city and there's a lot of pain here but there's also a resiliency that is characteristically baltimore. >> why are there still no answers to what happened to freddie gray and do you support releasing the police report when it's complete to the entire public? >> so this is the thing. we need to make sure that there's justice for freddie gray and for his family. and when you talk to his family his family understands very well that in order to get justice, not just to seek it not just to have the optics of justice, but to be able to seek it you have to protect the process. and that's what we've been trying to talk about. community leaders, clergy leaders, the gray family, we have to protect the process. yes, they want answers, but they want answers in a way that will best protect their ability to get justice for freddy gray and that's my focus. >> mayor, why not? you talk about a city in pain, there are questions of police tactics all across the country. why not have transparency? >> well i have to reject that premise. the pain that you saw, yes, it is about freddie gray but it's about so much more. if it were just about freddie gray on the day that his mother begged the city his family begged the city for peace so that she could mourn, you wouldn't have seen what you saw on monday. it's about larger issues and those are those issues that we're working on. and my prayer for my city and for cities across our country is tat during that time of unrest and during this time where it's very clear people are in a lot of pain that we find a way to communicate with each other. so we're on the same page. we can't want justice for freddie gray or any freddie gray across this country and not at the same time be fighting for the process to move forward. >> mayor, it's been a rough week for you personally it's been a rough week for the city. if you had any do-overs what would it be? >> that's a good question. you know if you're talking about operationally, every incident we've had, and i've been mayor during many a derecho, an earthquake, a flood, a super bowl that had almost a million people here that could have gone any which way, we've done it all and i feel comfortable with my track record for dealing with that crisis. >> let me phrase it another way. you were criticized for called some of the proteflters thugs. a lot of people look at these people saying these are people in pain they're striking out do.. do you regret using that word? i regret it and i've apologized several times. it was very clear to me what was going on. in the heat of the crisis i've let my anger overcome me. i've apologized hundreds of times. not only about that but it's force add conversation about a word instead of the pain that many people are feeling across the city. >> should you have called in the national guard earlier? >> you know i don't think anyone gains from trying to politicize this. you know i'm from baltimore. i'm from here. my parents grew up here and my daughter is here. when you see your city burning you need to do everything you need to do to begin healing. as soon as i saw we needed the national guard, i made that call without hesitation or equivocation period. >> mayor stephanie recall lingsynx, thank you. >> we'll take you inside camden yards and show you the first % regular season baseball game where in this game the fans were banned. that's ahead. this morning jurors will hear more about the carnage inside the theater. survivors and first responders are describing the attack that killed 12 and wounded 70.as plead not guilty by reason of insanity. mark strassmann is there. good morning. >> reporter: good morning. the focus of the testimony will shift to whether he was an insane killer. for your now we're hearing more dramatic personal accounts from people who were inside theater 9. >> i heard people saying i've been shot. i've been hit. >> reporter: christina went to the movies with a bunch of co-workers. suddenly the iraqi vet heard familiar sounds gunshots inside a theater. >> my leg, i saw blood, so i just continued falling to the ground. >> her coworker alex sully organized it. it was his 27th birthday. he tweeted inside the thatder it was going theo be the best birthday of his life. navy vet joshua nolan was trying to shield a friend when he was shot. bullets tore into his calf and arm. he collapsed. >> my thought process was that he was searching for other people and that he was going to start going row by row. >> first responders walked into chaos. dozens of people wounded or dead. people screaming or pleading for help. >> the phrase was if it's got a pulse, get them out of here. >> and when all the wounded were led out, the that it irwas still a homicide scene with bodies everywhere and for hours police said cell phones left behind started to ring. >> how incredibly painful for families to relive all of that. thank you, mark. syria's government is accused this morning of another chemical warfare attack on its own people. activists in the province say they dropped two bombs filled with color rooen. 12 people suffocated. syria handed over a stash of chemical weapons two years ago but chlorine was not included. this morning they say no one could have shot down a gyrocopter that flew over the capital. they say they could have opened fire but did not because of a risk to tourists. a mailman flew it over the national mall two weeks ago without being stopped. members of the oversight committee were unhappy with the answers they got on thursday. >> it started with the simple question of who's in charge. you've got a dude in a gyrocopter 100 feet in the air crossing 30-plus miles of airspace. >> the head of the kbhit tee told them they could not distinguish the jie owe copter from other objects like a bird or a kite. this morning barry sanders is going against hillary clinton. sanders tells nancy cordes a third-party campaign was never an option. >> reality is that if you want to engage in debates, if you want to mobilize people it is very hard to do it outside of a two-party system. >> sanders says if elected he would raise minimum wage and rebuild america's infrastructure. this morning some waters off the hawaiian island of maui are off limits after a deadly shark attack yesterday. the victim was a 65-year-old woman who was snorkeling. she was found yards off the shore. reports show she was bitten by a shark. this is the third deadly shark attack in that part of maui in two years. >> announcer: this national weather report sponsored by petco. what we feed them matters. the fda approves the first nonsurgical kind of way to fix a double chin. >> we'll ask dr. holly williams about the treatment that melts away fat. i want some of that. >> doesn't everybody. the news is back in the morning right here on "cbs this morning." >> announcer: this portion of "cbs this morning" sponsored by toyota. let's go places. 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"the wall street journal" said the economy slowed to a crawl at the start of the year. it marks the return of uneven growth seen in the last six years. the gdp in the first quarter grew only 0.2%. britain's president independence" said they almost denied andreas lubitz a flying license. in 2010 they questioned lubitz's mental health but he was allowed to train in arizona after german doctors say he recovered from depression. lubitz is accused of deliberately crashing a plane into the alps last month killing himself and 149 people. u2 singer bono tells "the new york times" he still cannot play the guitar more than five months after the car accident. he cannot bend two fingers. bono said it feels like i have somebody else ee hand. this is a hard bit because i can't play the guitar. they kick off a world tour next month. >> i hope that works out for him. >> i talked to morgan freeman last night. he can't fly anymore because he hurt his hand. >> that's tough too. the "washington post" says they're fueling questions about exercises. there have been intense speculations since it was brought up in march. manuel bojorquez shows us the growing hostility. good morning. >> good morning. they say the operation is needed to keep emerging threats from around the world but there's enough paranoia that they've ordered the texas state guard to keep a close eye on the exercises. >> this is in preparation for the financial collapse and maybe even obama not leaving office. i'm telling you this is so huge. >> reporter: online there is question that he's masking something insidious. >> one thing is for sure. troops will be ready and trained to take over your town when it happens. >> they're prepared to issue martial law and even maybe roundups. this is not a joke. it's the real deal. >> reporter: the army tells cbs news i has nothing do with martial law that many of the exercises will take place in remote areas away from the public, but after this map of the training exercises surfaced which identified texas, utah and southern california as hostile territory, the conspiracy theory took off. >> my friends, this is a declaration of war on united states soil. this is in our backyard. >> even plumbing repairs at several walmart stores drew suspicion. >> walmart closing stores across the nation. most of them if not all are in the jade helm exercise facility. >> jade helm is truly a training exercise to prepare special army operations overseas. that's all we want to do. >> reporter: the army said misinformation is being spread by people with a personal agenda but many in this overflow crowd remain skeptical. >> i'm a concerned citizen and i believe that everybody should be concerned about this. >> reporter: on tuesday governor greg abbott ordered the texas state guard to monitor military personnel movements and training exercise schedules and ensure that safety and constitutional rights of texass were not being violated. that prompted this response from the white house. >> i have no idea what he's thinking. might have an idea, but i'm not going to -- >> the civil liberties and constitutional rights of american citizens will in no way be affected by these exercises. >> jade helm will run eight weeks from july to september. the military says it's a routine training exercise but it's size and scope do set it apart from others. they say it should not be disruptive to most citizens. gayle? >> thank you manny. there's a new way to do away with double chins. the fda. >> a lot of people are going to pay attention to what you have to say. how does it work. >> it targets the double chin or as a good friend tells me the enemy of a good selfie. the drug itself is called kai bella. it's a synthetic form of a compound naturally found in our intestine. in our intestine it helps our bodies to break down fat in food. in this case it's being injected into the chin to break down fat in that area. it dissolving the cell membrane around fat cells causing them to burst and destroying them in the process. >> what happens to them then? >> your body basically absorbs them and metabolizes them. i do have to say it's a big commitment. it's done over a course of six months. a sears of injections. sometimes up to 50 times. it's not for the faint of heart. >> it sounds like it hurts. >> double chin is not my issue. i'm worried more about a muffin top and cottage cheese thighs. >> we'll get to that. you know actually no. so if it sounds too good to be true, the idea of a safe fda approved fat melting procedure in some ways it is too good to be true. it's only recommended for areas of the chin. we don't know whether it's safe. it depends whether it's permanent. i spoke with a doctor yesterday who helped conduct the clinical trials. he said unlyle botox and res lynn that wears off after times, this actually destroys cells, so for his patients two years later, the results were just the same. it seems permanent. >> how much will it cost? >> the company hasn't set a price but insurance won't cover it. >> but side effects, you may not be able to swallow. >> redness, swelling and other side effects. >> okay. holly phillips. what's wrong with a double chin. thank you. some of the drama that happens off the field. dean reynolds is in chicago. dean? >> reporter: here in chicago the stage is set for fans everywhere hoping for a fresh start. >> that's coming up next. and if you're heading off to work and you've got errands to do somebody told yes yesterday, gayle, i have yoga class, you can set your dvr so you can watch us any time on "cbs this morning" any time you like. we'll be right back. hey! have an awesome vacation everyone! thank you so much! you're so sweet. yummy! key lime pie at 90 calories. it is so good for not giving in. 73% of americans try... ...to cook healthy meals. yet up to 90% fall short in getting key nutrients from food alone. let's do more... ...add one a day 50+. complete with key nutrients we may need.ts physical energy with b vitamins. one a day 50+ spring black friday is here at lowe's, so hurry in now for these great deals. like premium color mulch. 4 for $10. plus save 5% every day when you use your lowe's consumer credit card. don't miss out on spring's best offers at lowe's. brookside chocolate now has a crunch. brookside crunchy clusters - crispy multi-grains and sweet fruit-flavored pieces dipped in rich dark chocolate. discover brookside crunchy clusters. 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ask your hep c specialist if harvoni is right for you. pro football's next generation of stars will be on display tonight. nfl is holding its annual draft in chicago for the first time in more than 50years. quarterback's jaymeis winston and marcus mariota lead. dean, good morning. >> reporter: good morning. well, the super bowl was three months ago and the next nfl regular season game isn't until september. but there's definitely a pro football buzz in the air here in april. last-minute technical checks are under way in anticipation of the fastest, strongest, potentially richest in the nation. >> this is quite an event. >> it is. it's getting bigger and bigger every year. >> reporter: it's the nfl draft and vince is in charge. >> i feel like i'm entering the st. peter's basilica of the nfl here. >> that's what we're going for. >> reporter: this is supposed to be the nfl's off-season a time for fans to hibernate or maybe reconnect with their families, but tell that to the 45 million or more viewers who are expected to tune in starting tonight for this three-day extravaganza. >> reporter: was the idea to keep the nfl sort of a year-round phenomena? >> yeah. our fans are no less passionate in the off-season. super bowl is about two teams, two fan bases. this is all 32 teams. every fan has hope in april. >> reporter: the earliest drafts were smoke filled all-nighters conducted at hotels and at lmos in secret. >> baltimore selects -- >> reporter: but when television took note 30 years ago, a niche went national. there will be cameras everywhere. not just in chicago but at a number of remotes across the country trained on potential draftees as well as the team officials making up or down decisions. >> go. do what you've got to do. you know what he has to do. >> reporter: it's what you might expect from the $10 billion business the nfl has become. outside the theater, there's this massive tent called selection square where the respective teams will phone in their picks to the staff here who will then relay the word to the league in the strictly enforced ten minutes or less. farther to the east on acres and acres of grant park there's draft town a kind of football festival. >> are you nervous? >> no. i think i'm more excited than nervous. >> it's where we met 6'5" 320-pound offensive brandon scherff. for a club who won five out of 16 games last year the draft is critical. >> after our disappointing finish, we want to make sure we bring in gool good football players and turn things around. >> the chair george mccaskey believes it, but it's more than that. >> it's a television event. there's a lot of hoopla. each of the 32 teams' brain trusts is at their headquarters so for them it's big business serious business. >> reporter: now, in addition to the world-class athletes an reporters who are covering them the city of chicago expected 100,000 visitors to come in and witness the draft spectacle and that, too, is serious business. charlie? >> thanks, dean. the nfl network will carry the draft live starting tonight. cbs news brings you a new season of "thursday night football" beginning september 17th. that's when the denver broncos face the kansas city chiefs. >> we're going to be ready. can you imagine? dreams could be made or broken tonight. >> that's true. >> and they don't always get it right. with tom brady, it was like 43rd. >> it is a bit theatrical. look at tom today. >> nature's putting on a spectacular show in hawaii. ahead, soo what happens >> announcer: this portion of "cbs this morning" sponsored by expedia. the world is at your fingertips. download the expedia app today. the answer to treating your dog's fleas and ticks is staring you right in the face. nexgard, from the makers of frontline® plus. it's the only soft beef-flavored chew that kills both fleas and ticks. vets recommend it. and dogs, well they're begging for it. nexgard is for dogs only. and hasn't been evaluated for use in pregnant, breeding or lactating dogs. reported side effects include vomiting, dry flaky skin diarrhea, lethargy and lack of appetite. use with caution in dogs with a history of seizures. check your local weather. d by from the makers of frontline plus. nexxus introduces a new movemen nt ihair. ♪ ♪ a beautiful fluidity. restoring strength and flexibility ♪ ♪ so it moves and responds the way you do. ♪ ♪ new improved nexxus with concentrated elastin protein and precious ingredients. for hair that lives to move. why am i so awake? 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>> as soon as it was clear we needed the national guard, made that call. >> the trial will shift to whether james holmes was an insane killer, but for now we're hearing morera dmatic personal accounts. >> my record is clear and i look forward to debating secretary clinton or anyone else. >> it's only approve for this area under the chin. >> double chin is not my issue. i'm more worried about a muffin top and cottage cheese thighs. >> was the idea to keep the nfl as around around-the-year thing. >> do this, out loud. >> time to get up! i'm charlie rose with gayle king and norah o'donnell. dramatic rescue in nepal's capital this morning brought joy to nation filled with despair. rescue crews pulled out a teenager who was trapped in earthquake debris for five days. officials say he's in good shape. >> that's good news. our cbs crams were first to the scene. a team of los angeles firefighters took part in this rescue. other parts of kathmandu are just starting to get back to normal. this morning protests are expected across the country over the death of freddie gray. hundreds took part in demonstrations in new york city last night. many clashed with police results in more than 100 arrests. a prisoner was quoted who was inside the van with fridayy grey. he believes he tried to intentionally hurt himself by banging himself against the van's walls. the baltimore orioles had the lowest record attendance ever. the fans were banned. the league cited security concerns following the city's unrest. chip reid was atis at camden yards with how that move dramatically changed the experience. good morning. >> reporter: good morning. all the empty seats didn't stock them from crushing the white sox from 8-2. they made sure the game was over before the city's 10:00 p.m. curfew. it was so quiet you could hear photographers' clicking cameras. the field was empty except for the press box. that didn't stop them from playing like they were playing in front of a sold out cloud. with no roar from the stands all sounds seemed amplified. the crack of the bat and pop of the glove. but no fans to fight over foul balls. that will will be out of play. >> or cheer for a home run. >> and good-bye home run. >> reporter: baltimore's caleb joseph signed fake autographs and tipped his haet to the crowd. after the game he thanked the loyal few who tried to sneak a peek from the fence and behind hotel balconies. >> it reminds me of times when you're in high school and college and your friends don't want to pay the $4 or $5 to play in the game so they get in their trucks in the back of the field and cheer you on. >> reporter: brendan hurst came to talk about freddie guy. >> by doing this we're sending a message that this city is unsafe for everyone and can't be controlled. that's not true. >> reporter: the orioles said the decision to shut out fans was not an easy one but in the end it came down to security. >> the determination was made jointly that the resources required to play this game simply could be used better elsewhere and we recognized the is baseball game. there are bigger issues out there. >> reporter: this weekend the orioles were supposed to play a three-game series here against the tampa bay rays but those games have now been moved to florida. gayle? >> didn't you like caleb joseph tip higz hat, signing imaginary autographs. you really need an audience. >> you do. >> you need the fans. >> without the bodies to absorb the sound it reflected the crack of the bat. >> and the very enthusiastic ay plpl by ay to nobody. thank you, chip. we have a democratramatic attack inside a committee. ys crtal cruz with our lance station kcbs shows us the attack recorded by one of the victims. >> lock the door. we need to lock the door. >> hurry, hurry, hurry. >> three women and one girl run for cover inside city hall as a bloodies man is seen on cell phone video standing in the doorway. the woman holding the camera backs away down a hall the bloody man chases her. the man runs at another woman in the group and tries grabbing the littlerl gi. the women are cornered and alone. e onwoman grabs the little girl and runs. by this time 24-year-old jessica corrales had had enough. >> i saw my mom had blood on her hands and my niece and i thought, okay somebody needs do something. say a folding chair. i picked it up and started beating him. >> reporter: police arrived and he was taken down by employees. >> he looked like a zombie. he was grabbing his blood and smacking us. every time i watch it it looks so unrear but it happened. >> i'm crystal cruz. cbs news. a russian spokesman says the cargo station is a total loss and that's raising concerns for the crew members at the station. it failed to reach the right orbit this week. elaine quijano of our digital cbsn has more on the cargo ship that's spiraling back toward earth. good morning. >> good morning. the chance of debris hitting a populated area is remote. the space program admit this failure is a big concern. spinning wildly out of control this is the view from the russian cargo ship progress 59 as it plunges rapidly toward the earth. the russian space agency lost command of the unmanned vessel when it malfunctioned shortly after takeoff tuesday. as the 24'spacecraft falls much of it will burn off on re-entry but a few pieces of debris could fall to the earth's surface and scientists have no way to know where it can will land. >> they can't make sure that it comes over an uninhabited region of the pacific ocean for example. >> reporter: complicating matters the progress was set to deliver ore 6,000 pounds of supplies to the international space station. vital food watering and oxygen for the current six-person crew including american scott kelly. >> the program plans for things like this to happen. they're unfortunate when they do. we do have supplies on board. >> reporter: while the loss of supplies won't put the crew in any immediate danger, this is the second failure of a cargo ship in the past six months. in october an unmanned orbital sciences rocket exploded on a resupply station to the supply station. there is increased pressure on upcoming missions. >> clearly the failure of another supply ship would cause a major problem. >> whatever's left of it will crash in the next few weeks. scientists will have a better idea where it could land about two days before impact. gayle? >> thank you elaine. this morning a company owned by amazon's jeff bezos is revealing it launched a rocket yesterday. >> one, zero and lift-off. >> the company shows a very smooth lift-off. bezos can be seen watching it. it climbs to 58 miles. at that point it catapults from the booster and returns to earth. the head of mcdonald's says he could not wait to make changes. sofia vergara's former fiance is sugar over her frozen embryos. he says he's sticking up for parenting. we'll see what rikki klieman has to say about that. that's ahead on "cbs this morning." i can't find my discover card! wait, i can freeze my account. 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[ female announcer ] take skincare to the next level with roc® multi correxion® 5 in 1. proven to hydrate dryness illuminate dullness lift sagging diminish the look of dark spots and smooth the appearance of wrinkles. high performance skincare™ only from roc®. introducing lunch at outback every bloomin' day! hurry in for all your outback favorites. plus new aussie tacos, new savory ribeye melt and our delicious burgers. over 70 lunch combinations starting at just $6.99. it's lunch at last every day at outback. new developments this morning in a celebrity legal battle that could impact would-be parents nationwide. actress sophiafia vergara's ex-fiance wrote the frozen embryos should not be destroyed or frozen forever. she said she'll keep the embryos frozen indefinitely because she does not want to have baby with former fiance nick lobe. good morning. what is it? >> the contract was very clear. they had agree at the time of in vitro fertilization that the embryos would remain as they are. they could be destroyed in the convenient that one of them died, meaning they could be destroyed, they would simply be thawed. and both parties must agree as to what to do with the embryos. one person cannot decide. >> in fact nick lobe signed that consent that said the baby can only be brought to life if both parents signed that consent form. >> and we have to understand what he says in his complaint. nick lobe who is a sophisticated businessman from families of great business sophistication says i was coerced. she abused me. she was always abusing me. and she made me do it because i was under duress and i did not want to suffer more abuse. that claim may prove to be a bit too much. >> while we're talking about this you're saying sanctity of contract, case closed. >> not so. you know how i feel about contracts. i think we exist in the world under law and society by virtue of contract. everything we do is on the basis of agreement. however, there are ten states that have looked at in vee trow fertilization and these kinds of quote/unquote custody battles over what most states will say is the property called embryo. and what they have found is this. eight of them have said basically the contract controls the agreement controls. if it's written, if it's signed or even if there's a verbal agreement. some have said we have to balance these things. >> isn't it in the other two cases the women had cancer and the judge said since they don't have a chance since they even gone through chemotherapy he let them have those. >> yes. that was the woman, remember. one of the opinions about public policy do we want to force a mother to become a mother of a child that she doesn't want with a person she doesn't want it with. >> he wants the daughters, he knows they're two girls. he doesn't want any financial responsibility or parental responsibility. now he wants them. doesn't he have a right to those embryos? once they have signed the agreement, he probably doesn't have a right, however, it is a case of first impression in california. this will be the 11th state. and we want to know what people's rights are in this situation. are embryos property or are they really people. >> thank you. >> it's interesting to watch. >> it really is. whether it's coffee or meatballs, the way you get your food could be in for a ride in the future. that's straight ahead. you're watching "cbs this morning." ♪ while the world needs saving... prizes need winning, at subway. grab a 30-ounce drink or doritos snacks for a chance to win subs for life movie tickets, and more. and catch marvel's avengers: age of ultron, in theaters may 1st. subway. where super heroes eat. let's say this is your tv. and these are the channels you pay for with cable. maybe you're getting tons of science and animals, when you're really into movies. or every children's show on the planet when you don't have any kids well now with fios there's a new way to customize your tv. just pick the types of channels you like best. like sports. or entertainment. or news. mix and match, or get them all. you build your tv package, and pay for what you want, and not for what you don't. now fios brings you a totally new way to customize your tv. at a price that's totally affordable. starting at $74.99 per month - get custom tv, including internet and phone. guaranteed for two years. go to getfios.com to start customizing today. cable just gives you channels. fios gives you choice. >>who... is this?! >>hi, i am heinz new mustard. hi na na na na >>she's just jealous because you have better taste. whatever. >>hey. keep your chin up. for years, heinz ketchup has been with the wrong mustard. well, not anymore. introducing heinz new better tasting yellow mustard. mmm! mcdonald's is downsizing its menu. it has cut seven sandwiches plus the chipotle snack wrap. say it isn't so. it comes after another quarter of declining sales with net income down 33% and revenue fall 1g 1%. michael ream editor at large joins us. michael, so why make these cuts? >> well mcdonald's has been struggling with this period of slow to negative growth for a few years and its stock prices have drastically undermet the market. the overall market has tripled since 2009. both of those issues obviously put a lot of pressure on the management to turn things around and they brought in a new ceo samed steve's ta brook, a british gentleman. this appears to be the beginning of his turn around efforts to simplify the menu and get back to the core as a burger chain. >> you watch us every year so i know you know steve estabrook was here. his mother's favorite is a quarter pounder, so we know that's not in jeopardy. does the drive-through have anything to do with it? >> it's part of it. they're laying the ground work for future problems they're testing out. one thing they're looking at is possibly bringing breakfast all day. >> right. they're trying it in california. >> right. they're testing it in a few. and they want to try the interactive area where you order from a touch pad. at the drive-through it's a difficult deal to deal with. you don't want it slowing down the drive through. the big thing they teflted gave people tons of choices on the toppings and cheeses and you run the risk of someone sitting there staring at it forever and the guy behind him just leaving. >> other fast food companies doing better than mcdonald's and if so what's the difference? >> it's hard to point to one single different. other fast food chains are doing better and really the backdrop of this is the sort of attrition of this gourmet culture in america over the last few years. the rise of the chef as a class of celebrity. you know ronald mcdonald is not in the class of the gordon ramseys of the world. >> that's just marketing, isn't it? >> it's marketing to an extent but americans have started to focus on what they're eating. companies like chipotle have marketed how their markets are. >> thank you so much michael. and tech ♪ ♪ ♪ ♪ ♪ most weekends only last a couple of days. some last a lifetime. hampton. we go together. welcome back to "cbs this morning." coming up in this half hour on demand actor changing more than the car business. jamie wax looks into the new world of instant delivery. why restaurants and groceries are just the beginning. >> plus the fall of saigon 40 years later. reluctant american heroes share the lie that saved lies. how he led 100 refugees to freedom. that's ahead. "time" says tattoos might be a problem for the new apple watch. people with tattooed wrists report sensors on the underside of the watch cannot read heartbeats. >> is your tattoo throwing off your watch? >> no single tattoo. thinking about it. >> thinking about it. where would it be. >> gayle, you don't have any -- >> i can see charlie with a tramp stamp. >> we're all clearly kidding, boys and girls. the "los angeles times" says the 3-d printer saved the lives of three baby boys. they suffered from a rare condition that prevented them from breathing properly. at first the doctors from the university of michigan were able to print custom splints that help with their airways and then it dissolves inside their little bodies. a spin-off of jump street now sony has hired the writers from the comedy series "broad city." it comes as "ghost busters" shoot this summer. the "washington post" reports which jobs are most likely to make you drink. people work in mining are the most following by employees in construction hotels and restaurants and arts and entertainments. >> it just lemds itself to so many things and i'm going to keep it moving. nasa release add composite that showed the planet in psychedelic colors. the colors represent data collected by merges in spacecraft. merges will retired today. it will crash into mercury at more than 8,000 miles an hour. "the baltimore sun" says the mayor is open to opening the cure few. it was put in place to control unrest in the street bus bars and restaurants normally open late have lost business. the mayor may consider listing the curfew if the calm continues. searching for harmony after the riots. it could start after the music. ♪ that's nice. the baltimore symphony orchestra performed a rare outdoor concert on wednesday. some of the events are canceled because of the violence and curfew. the musicians filled the time with something other than bricks and tear gas. >> they want to feel joy and hope and love and most importantly they want to feel the incredible community that we have here in baltimore. >> that's right. the concert ended with the star spangle ed battle written by francis scott key. music can be so healing. >> what a terrific idea. >> uber this morning is delivering more than people. the on-demand car company expanded uber eats service. it brought food to customers in los angeles and barcelona. jamie wax shows us how this time uber will need to catch up. jamie, good morning. >> good morning, norah. food delivery is an estimated $70 billion a year business in the u.s. so start-up companies like post mates and insta card have created apps that they hope% will capitalize on that. with a click of a button they amt to deliver anything from seafood to shoes in a matter of hours or just minutes. >> we just saw a guy come in and said i'm bigging up for post mates and we didn't think anything of it. next day it was two guys, three guys. >> reporter: this meatball shop owner owns six shops in new york city. none of them offer delivery but on demand post mates has changed that. this is the founder and ceo. >> reporter: what makes someone hit your app as opposed to one of the other delivery apps? >> i think it feels like a remote control for your life. it feels almost magical. you press a button and the second later you see a person on map moving toward a store purchasing an item and in another few minute use have that item delivered. >> reporter: from their offices in san francisco post mate employees review orders submitted by commerce online and turn around and place order over the phone to local businesses across the country. then a local courier or postman as they call it is dispatched to pick it up and deliver it for a fee that starts at $5. the company promises to have any delivery to your door within an hour and it's working. with almost 10,000 couriers across 22 cities in the country, post mates has become the uber of delivery. they claim to deliver a slice of pizza every 45 seconds in new york stock exchange and a cup of coffee every three minutes across the country. >> i'm going to go get a magazine. >> you're going to go out tofor that? you guygo too to cosmo.com. >> you may remember the delivery company kozmo.com. it went belly up in 2001. but tech support says things have changed. what is different about these new companies? >> the difference is they're based on smartphones. these companies wouldn't have worked five or six years ago because not everyone uses smartphone. the fact that customers are ordering from smartphones and their workers are being deployed by smartphones, that makes the whole system works. >> also what helps is that all of these new services like insta cart which focuses on grocery delivery have no warehouse costs. instead an insta card shopper will go to your grocery store and pick up everything on your shopping list and bring it for you. they win by collecting delivery fees. bastion layman calls it anti-amazon. >> if you look for a specific jacket or boot on amazon you click a button and have it one or two days later. wouldn't it be beautiful if you'd do the same thing in your city. see a local store that has your shes available in your size. you could press a button and for $5 you can have it delivered in an hour. >> a local product sold by a local store. i think that's great. >> i've been working two rahman shops in new york. his product isn't easy to deliver which is why he's never offered it but he's welcomed to the challenge. >> is there any part of your business that's made it more complicated or difficult by the addition of the dlirchry apps? >> sometimes it's a double-edged sword. you're making orders of people that are in front of you and then delivery orders. these are problems i can get used to. >> we're cravi and out burger burgers. >> they survive. they look poised to. it seems everyone from business owners to hungry gamers will reap the benefits. >> having it brought to my door? >> where is that burger from? >> in and out. >> stlikt for research, of course, we did try out the service here. we ordered food one day from chick-fil-a down at nyu to come up here to 57th street. it's a rainy day the height of lunch and there was a $27 surcharge and it took two hours. >> that's not good. >> was the sandwich good? >> it was delicious. everyone here got to eat chick-fil-a. then we ordered from the meatball shop. it was brought to us less than 30 minutes and it cost $8. that seems to be more typical of the experience but they're trying it out. >> what people say is that fee may be worth it because then you don't have to tip a waiter. think about it as a tip. >> that is a lot, though for some chicken. >> it is a lot for chicken. >> if you could have had meat balls, everything would have been better. an american banker escaped from saigon but couldn't get away from the truth. >> you know john one of us has to go back and i just kind of pushed the steak away and said with tears in my eyes in a moment you're right, i know when you own a small business there's a never-ending list of small things to do every day. appointments... orders... deadlines... every one of them matters. so you need internet you can count on. verizon fios is really fast with 99.9% network reliability because when everything is running right, all those small things you do every day can turn into something big. team up with fios for this great limited-time offer. in the center of saigon was a stay you of two soldiers what happened to the statues is what happened to the war. >> that was cbs news coverage of the fall of saigon. communist country seized the city 40 years ago today. images of south vietnamese escaping onto american helicopters are seared into history. john reirden, we first met him in 2013. lesley stahl interviewed him for "60 minutes." he wrote a book called "they are all my family." he rescued more than 100 people. >> in this book you describe yourself as a guy who followed the rules. >> the rule book had been thrown away from this one. >> you threw it away. >> yeah. >> because you had to rescue these people. in the spring of 1965 he was the manager of the bank that today we call citibank. with communist north vietnamese forces bearing down on saigon -- >> 20 years of war this is the closest they've come to it. >> reporter: -- reirden was about to become a hero. first he ghoulot a call at the bank. >> take your family and go to the plane chartered pan am 747. >> the problem with that was the staff was vietnamese and unlike americans they couldn't just get on a plane and evacuate. so he left without the straf. it was a scary time being left behind two bank workers told lesley stahl. >> did you feel did john say anything to you when he left? >> was crying so much. i was worried about my kids my husband. he said no worry, i be there for you. >> reporter: reirden went to hong kong where they tried desperately to find way to get the vietnamese out. >> we had been working on all kinds of plans to get helicopters in there and landing pad and they all failed. >> the city bank brass finally gave up and they told reirden and his colleagues not to return. later that night he had din were his colleagues. >> he leaned in and said you know, john one of us has to go back. i kind of pushed the steak away and said with tears in my eyes you're right, i know it. >> you had to bring those people out. >> right. and they were counting on us. >> reporter: so despite citibank's orders, they returned. there was no plan but there was plenty of will. life under communist rule would likely be very rough for those who worked closely with americans. those like the citibank employees. reirden had gathered them in two villas when a cia told them that's their only way out. >> so the cia told you to take 106 people and treat them all as your family. >> right. not at once but in small groups. >> did you think that was a reasonable plan, a plan that would work? >> it was the only straw that was offered to me at the time. >> and so began treks to the airport with the vietnamese employees in toe. reirden lied on government paperwork making a long list of sons and daughters he didn't have. >> you got them out on 15 trips each claiming they were your wife and children. >> i had one wife. all the rest were children. >> she must have been exhausted. >> yeah. >> remarkably reirden and his giant family were never stopped. never really questioned. all of them got out and just in time. days later north vietnamese troops rolled in and saigon fell. each of the 106 was relocated to the united states where they lived their lives and grew their families. in 2013 "60 minutes" organized a reunion for reirden and the people he rescued. they still call him papa and he still refers to them as his family. but there is one thing john reirden does not want to be called. >> you're a very modest man and you don't want to be seen as a hero for this but i think most people would see you as a hero. >> that's their choice, you know. i'm just me. >>. >> reporter: for "cbs this morning," chip reid new york. >> what a beautiful story. >> if there's not a movie made about all of this there's a great movie there because there's so many stories like this. tragedy too with the full of saigon. >> and no heroer wants to be called a hero. they don't see themselves that way. >> you're watching "cbs this morning." let's say this is your tv. and these are the channels you pay for with cable. maybe you're getting tons of science and animals, when you're really into movies. or every children's show on the planet when you don't have any kids well now with fios there's a new way to customize your tv. just pick the types of channels you like best. like sports. or entertainment. or news. mix and match, or get them all. you build your tv package, and pay for what you want, and not for what you don't. now fios brings you a totally new way to customize your tv. at a price that's totally affordable. starting at $74.99 per month - get custom tv, including internet and phone. guaranteed for two years. go to getfios.com to start customizing today. cable just gives you channels. fios gives you choice. yorkshire terrier is back at home with his owners after more than three years. he disappeared from a family's louisiana backyard. animal control found the stray almost a thousand miles away in iowa. he was identified by a micro chip implanted in him. >> it's been a long time and all those years i thought i would never see him again, and here i am getting my dog back finally finally. i'm >> she's 14. the family could not afford to bring him home so united airlines brought him home for free first class. the father said he never flew first class in his whole life but the dog did. >> we still don't know how the dog got to iowa. >> no, we don't know that. >> that does it for us. for news any time log on to when you own a small business there's a never-ending list of small things to do every day. appointments... orders... deadlines... every one of them matters. so you need internet you can count on. verizon fios is really fast with 99.9% network reliability because when everything is running right, all those small things you do every day can turn into something big. team up with fios for this great limited-time offer. what does the daredevil feel before he revs his engine? 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[applauding] >> one man's mission to fight obesity leads to a dire discovery. a young man who may be the heaviest teen in america. >> i'm joe. my whole life identical brother and i c